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Home My WebLink About02-13 Fairfax Pk-VDOT Ln - Opequon 3.61 acres from B1 to B2 - BackfileREZONING TRACKING SHEET Check List: ✓ Fee & Sign De Application Form Deposit g P Proffer Statement t/ Deed Impact Analysis ✓ Plat/Survey Adjoiner List Taxes Paid Statement C/ File opened yReference manual updated/number assigned D-base updated �a 3 Copy of adjoiner list given to staff member for verification _ Color location maps ordered from Mapping / Application Action Summary updated �i Planning Commission Meeting ACTION: / g Board of Supervisors Meeting ACTION: C `-e /3 Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's & I j ---3 Reference manual updated !p D-base updated (� f Application Action Summary updated 7 �' 13 r File given to Mapping to update zoning map Zoning map amended Sys ID # RECEIPT DATE_ Z_— _ NO. J u J `t RECEIVED FROM _13 J% InS)I •U (-)FOR RENT RFOR _kylti ACCOUNT Q ASH — CHECK MONEY Q ORDER PAYMENT BAl DUE I QCREDIT CARD )l V-} �2 ;-Li�*S5 ,t.G`rvi 5clmv. DOLLARS r ► � all "M BY RECEIPT DATE 4111 1 a, No. 5)L, RECEIVED FROM �FOR� RENT 'R� ACCOUNT O CASHCAT VCHECK PAYMENT t�� n�,l� MONEY ORDER BAL DUE OCREDIT CARD BY Rem (o '51�1 RS Nc0 ,oft&ICK Department of Planning and Development S40/66S-S6S1 FAX: S40/66S-639S ) 2013 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 902-13 FAIRFAX PIKE/VDOT LANE PINS: 86-A-1=1 AND 86-A-15 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on June 12, 2013. The above -referenced application was approved to rezone 3.61 acres from the B1 (Nei(hborhood Business) District to the B2 (General Business) District with proffers. The properties are located on the north side of Fairfax Pike (Route 277), adjacent to VDOT Lane (Route 1018), approximately '/ mile east of hnterstate 81 Exit 307. in the Opcquon Magisterial District. The proffer statement, originally dated January 25, 2013, with Final revision date of May 17, 2013, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Deputy Director \4TPJpd Attachment cc: Roger Thomas and Brian Madagan, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Bowman -Shoemaker Cos., Inc.. PO Box 480. Stephens City, VA 22655 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 REZONING APPLICATION #02-13 FAIRFAX PIKE/VDOT LANE COMMERCIAL Staff Report for the Board of Supervisors Prepared: June 3, 2013 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/15/13 Recommended Approval Board of Supervisors: 06/12/13 Pencling PROPOSAL: To rezone 3.61 acres from B I (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately %2 mile east of Interstate 81 Exit 307. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/12/13 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial Uses. The B2 (Business General) land use proposed in this rezoning is generally consistent witli the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request leave generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. Witll this rezoning, the applicant has proffered to dedicate the necessary riglit-of- way to enable the Route 277 improvement project to occur and has coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribution in the amount of $35,000 to assist in other transportation improvements. The Applicant made a minor rcvlslon to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to any approved Rcvenue sharing projects in Frederick County. Previously, this had been specifically for the Renaissance Drive Phase 2 project. The Frederick County Planning Commission recommended approval of this request with the above noted minor modification to the proffer statement. Following the required public hearing, a decision regarding this rezoning application by the Board ofSitperi,isois woiild be appropriate. The crpplicatit shoitld be prepared to adequately address all concerns raised by the Board of'Superi,isors. L--1 • Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial Junc 3. 2013 Page 2 This report is prepared by the Frederick Countti, Planning Staff to provide information to the Planning Commission and the Board of'Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 05/15/13 Recommended Approval Board of Supervisors: 06/12/13 Pending PROPOSAL: To rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately % mile cast of Interstate 81 Exit 307. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-14 and 86-A-15 PROPERTY ZONING: B I (Neighborhood Business) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) B 1 (Neiglborhood Business) South: B2 (Business General) East: B 1 (Neighborhood Business) West: B2 (Business General) B 1 (Neighborhood Business) Use: Residential Residential Use: Commercial Use: Commercial Use: Residential VDOT Headquarters 0 • Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial June 3. 2013 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the revised rezoning application for the Fairfax Pike/VDOT Lane Commercial Properties as received by this office on April 11, 2013, for impacts to the local transportation system. VDOT supports this rezoning in its current format. Fire and Rescue: Plan approved. Public NVorks Department: We have completed our review of the rezoning application for the proposed commercial development at the intersection of Fairfax Pike and VDOT Lane. Based on this review, we offer the following minor comments: 1. Rcier to Site Drainage on Page 8. Change east to west of the Food Lion Plaza development. 2. At the site plan design phase, include an analysis of the downstream stormwater conveyance systelll Lllltll tile 111110ff 1'caclics the drainage channel Oil tile SOLIth side of Fairfax Pike. Alternative stormwater management Systems Should be considered ill future site plan designs. Department of Inspections: N/A Frederick County Sanitation Authority: Per your request, a review ol�thc proposed rezoning has been performed. The Frederick County Sanitation Authority Offers conlnlCntS limited to the anticipated impact/effect ul)on the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment Capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis the existing sanitary sewer system within the area to be served and the existing collection maul. Both water and sanitary sewer facilities are located within a reasonable distance fi'onl this site. Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed Or Subinitted by the applicant ill SLII)I)01't Of 01' Ill COI1jL111CtiOn with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may liercafter provide to Frederick County. Service Authority: N/A Frederick -Winchester Health Department: N/A Parks & Recreation: N/A Winchester Regional Airport: Proposed rezoning should not have an impact on operations at the Winchester Regional Airport. Frederick Count, Attorney: Pleu,ve .vee attached letter clalecl Mcirch 12, 2013, from Roderick B. I,Villi(rnls, Counl1) illlorney. 0 0 Rezoning 02-13 Fairfax Pike/VDOT Lane Commercial June 3, 2013 Page 4 Piannina. Department: Pleasesee attached memo dated Allarch 22, 2013, ftom Michael 7: Rirchly, AICP, Deputy Planning Director. PlaI nill(,j & ZOl hg,: 1) site History The original Frederick County zoning ]flap (U.S.G.S. StCI)IICIiS City QUadrangle) Identlf cs the subject parcels as being zoned 13-1 (Ncighborhood Business). The intent of this district is to provide small business areas to serve the daily IIOLISC110Id needs Of' siu-roundillg residential neighborhoods. Uses allowed primarily consist of limited retailing and personal Service uses. Business uses in this district Should be small in size and should not produce Substantial vellicle traffic in excess Of what IS usual in the residential neighborhoods. 2) Comprehensive Police Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Tile 2030 Comprellcnslve Plan is all official public CIOCIIIIiCIIt that sci*vcs as the C011lnlllillty'S guide for making decisions regarding (development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition Of policies LISCd to plan for the future physical development of Frederick County. Land Use. The 2030 Comprehensive Plan and the Route 277 Triangle and Urban Center Land Use Plan provide guidance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with all Urban Ccntcr land use dCSlgnation. Ill general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan as the urban center designation promotes both commercial and residential land uses ill a IlliXCd use Cl1VIl'011llient. This general area contains both uses. Site Access and Transportation. Route 277 is identified as a minor arterial road. Transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year hnprovcnlent Plan. Therefore, it is not anticipated that this project constructs inlprovcnlcnts to Route 277, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. 0 • Rezoning ft02-13 Fairfax PikeNDOT Lane Commercial June 3, 2013 Page 5 The provision of a shared right-in-►-ight-out entrance is proposed. Given the anticipated separated median design for Route 277, such an approach may work in this location. In general additional entrances on Route 277 are to be avoided. hmtcr parcel connectivity has been provided between the two properties. The proposed relocation of VDOT Lane to the west to align with the existing entrance to the shopping center will not have an impact to the entrance proposed on VDOT Lane. The Applicant has worked with VDOT and Mr. Bishop, Frederick County Transportation Planner, to ensure that the proposal fits in with the preliminary engineering and design work for the Route 277 improvement project. 3) Site Stiitability/Environment The site does not contain any environmental fcatures that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The Frederick County Engineer has requested that an analysis of the downstream stormwater conveyance system until the runoff rcaclics the drainage channel on the south side of Fairfax Pike will be needed as part of the detailed site plan design. 4) Potential Impacts The subject properties are currently zoned B 1 (Neighborhood Business). Therefore, the rezoning of these properties to the B2 (Business General) district will have the potential to generate additional impacts. However, it is recognized that the impacts associated may not be as significant as if this property was zoned RA (Rural Areas). The Applicant has made commitments to address the additional impacts associated with this request. 3) Proffer Statement— Dated January 25, 2013 and revised on April 11, 2013 (Final Revision date May 17, 2013) A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related commitments made with this rezoning application; including the Route 277 right-of- way dedication area, access to and from the site via a right -in -right -out entrance on Route 277 and a full entrance on VDOT Lane, and the inter parcel ingress/egress casement. B) Land Use The application's proffer statement does not place any limitation on the amount of commercial development that may occur on this property. Rezoning 02-13 Fairfax PIkeNDOT Lane Commercial .tune 3. 2013 Page 6 C) Access Mana 7en� kilt. Access to the property will be via a I'Igllt-ill-t'Igllt-OLIt entrance on ROLIte 277 and a full commercial cntrancc O11 VDOT Lane. A 50 foot ingress/egress casement will be locatc(I at this full commercial clltraIICC aII(I will CIISLII'C inter parcel access to the eastern parcel, Parcel 86-A-14 D) Transportation The proffer statement provides for 20 foot of'right-of-way dedication along Route 277 III support of the Route 277 Improvement Project. As noted previously, transportation improvements to Route 277, Fairfax Pike, are plannecl on the VDOT Six -Year Improvement Plan. Therefor(, it is important that the access to this site reflects the design of the improvements anticipated with the VDOT Six -Year Plan Project. The above proficrecl access improvcments are consistent with this project. The application adch'csscs the relocation of VDOT Lane in the fixture by ensuring the entrance to this property is located so as to fit in with the clesign for the realignment. In addition, this application has proffered a monetary contribution in the anlOLult of $35,000.00 to transportation IlmproVCIIICIItS CISCWIICI'C in the County. More specifically, for the off -site transportation improvcments associated with the Renaissance Drive — Pllase 2 Revenuc Sharing Project. The Applicant believes that the value Of this contribution has a nexus to the project and its impacts. The Applicant made a minor rel,rsvon to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to ally approved Revenue sharing protects 111 Frederick County. Prevlous1j,, this had been specy cal% j, for the Renaissance Drive Phase 2 project. C) Community Facilities This application proffers a monetary contribution in an amount Of $0.05 per bLIiIC11IIg square foot for Fire and Rescue SCI'V1CCS. STAFF CONCLUSIONS FOR THE 05/15/13 PLANNING COMMISSION MEETING: This is an application to rezone a total of 3.61 acres Of land From the B I (NClghborhoocl Commercial) District to the B2 (Business General) wit}l proffers, to acc011 moclatc commercial uses. The B2 (Business Gcneral) lancl use proposed in this rezoning is generally consistent with the Route 277 Urban Centcr Plan and the 2030 Comprehensive Plan. The impacts associated with this request leave generally been adcl'essec] by the Applicant and the acijaecnt properties have been considered in this rczoning application. Wltll tllls I'ezolllilg, the applicant has proffered to dedicate the necessary right-of- way to enable the Route 277 improvcnICllt pI'OjCCt to OCCLII' alld has coor(f mated the access to this 0 • Rezoning 02-13 Fairfax I'IkeNDOT Lane C'ommcrcial June 3, 2013 Pase 7 development to further implement the ROLItc 277 plan. In addition, the Applicant has proffered a monetary contribution ill the amount of S35,000 to assist in other transportation improvements. Following the required public hearing, (( r'ecorr mend((tion regarding this rezoning application to the Board of'Supervisors )mrrld be appropriate. The applicant should be prepared to adeguatell, a(lllr'e.v.4 all concerns r'ar3ed bh the Plarrrrrng Cori mi.ys on. PLANNING COMMISSION SUMMARY & ACTION Or THE 5/15/13 MEETING: The applicant's representative, Mr. Evan Wyatt with Greenway I_ngineering, stated considerable time was spent working with VDOT and the County's Transportation Planner. The applicant was encouraged not to seek a full access entrance on Routc 277 Ior the internal parcel; instead they developed a full access off VDOT Lanc which would serve both properties. In retLII-n, VDOT gave the applicant an exception for the spacing requirement for the right -in, right -out entrance. Tile second issue was the relocation of VDOT Lanc when the widening of Route 277 occurs. The applicant wanted to make sure the siding of his entrance was done so that it woLlld not have to be ripped out when the improvement occurred; therefore, the entrance was moved a little further back from the corner Clearance 1'egLlll'elllellt. Mr. Wyatt commented the applicant was the local matell for the Renaissance Drive, Phase 1 improvements. Phase 2 was targeted by the applicant because it is a priority project for the County. 1-fe suggested the possibility of'having the applicant's monetary prof lei' available for a local ]hatch for a qualifying revenue sharing project; therefore, if for any reason, Renaissance Drive does not materialize, the $35,000 is still available to the County for a local match for another qualifying revenue -sharing project. Mr. Wyatt said the applicant would be agreeable with amending this section of the proffer before it goes to the Board, if the Planning Commission believes it would be appropriate. Members of the Commission asked the applicant if the project site was anticipated to be developed before Fairfax Pike (Rt. 277) is improved. Mr. Wyatt believed there would be the opportLulity for one of the two lots to develop and Nvould most likely be some type of retail or food service. A Commission member inquired if the relocation of V DOT Lane would occur regardless of the proposed rezoning; Mr. Wyatt replied yes, the widening will II1CILlde two travel lanes cast and two travel lanes west with a center median. Ill addition, VDOT Lane will tic Into a cross intersection with the entrance into the Food Lion Plaza. One adjoining property owner spoke and wanted to know how the rezoning would impact his property. He also had questions on the scope of the project and why the parcel deeded to be rezoned for this particular project. A motion was made, seconded, and passed by a majority vote fora recommendation of approval of the rezoning with the understanding that before going to the Board of Supervisors, the language for the monetary proffered contribution of S35,000 will be amended from being specific to Renaissance Drive to being generalized for a qualifying revenue project elsewhere in the County. (Note: Commissioners Thomas, Crockett, and Croscll werc absent from the meeting.) i Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial ,tune 3, 2013 Page S EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/12/13 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the 132 (Business Gcneral) with proffers, to accommodate commercial uses. The B2 (Business General) land use proposed in this rezoning is generally consistent with the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request have generally been addressed by the Applicant and the adjacent properties have been considered in this rczoning apphCatlon. With tllis i-czolllilg, the ap])llcallt has ])l'of1C1'CCl to CIecllcatc t11C IIecessal'y i'Igllt-Of= way to enable the Route 277 improvc111C11t ])I'OjCCt to OCCUr and has Coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a illonetary contribution ill the amount Of S35,000 to assist Ill other transportation improveillents. The Applicant made a minor revision to the proffer statement (Revision Date; May 17, 2013) to open this contribution up to any approved Revenue sharing projects in Freclerick County. Previously, this had been specifically for the Renaissance Drive Phase 2 project. The Frederick County Planning Commission reconi cndcd approval of this request with the above noted minor modification to the proffer statement. Followin the requiredpublic hearing, a decision regarding this rezoning application b31 the Board ofSuperhisors would be appropriate. The applicant should be prepared to a(lequatel3, address all concerns raised 151, the Board of'Superl,isors. R Applications Parcels Building Footprints B1 (Business. Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) �f! HE (Higher Education District) Mt (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) 4� MS (Medical Support District) OM (Office • Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) • r ag po e :+ TT ■ r Al VME 5 �� awl'•" ^ � . o ` REZ#02-13 Fairfax Pike / VDOT Lane Commercial PINS: 86 A 14.86 A 15 3.61 Acres B 1 to B 2 Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester. VA 22601 540 665 5651 reap Created: April 24, 2013 Staff: mruddy 0 80 160 320 Feet 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Fee Amount Paid $ o0 Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Wincliester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Bowman -Shoemaker Companies Address: P.O. Box 480 Stephens City, VA 22602 3. Contact peison if other than above: Name: Evan Wyatt 4. Property Information: Telephone: 540-662-4185 Telephone: 540-869-1800 Telephone: 540-662-4185 Property Identification Number(s): 86-A-14 & 86-A-15 Total acreage to be rezoned: 3.61 +/- Acres Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): N/A Current zoning designation(s) and acreage(s) in each designation: B-1 District 1.65 +/- Acres (Parcel 14) & 1.96 +/- Acres (Parcel 15) Proposed zoning dcsignation(s) and acreage(s) in each designation: B-2 District 1.65 +/- Acres (Parcel 14) & 1.96 +/- Acres (Parcel 15) Magisterial District(s): Opequon Magisterial District 12 I� 0 5. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments ✓ I Plat ✓ Fees ✓ Deed to property ✓ Impact Analysis Statement _; ✓ j_ Verification of taxes paid ✓ !_ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) of all submitted documents, maps and exhibits I ✓ i_ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Bowman -Shoemaker Companies, Inc. - Beverley B. Shoemaker, President Elizabeth Properties, Inc. - Beverley B. Shoemaker, Manager 7. Adjoining Property: PARCEL ID NUMBER I:1ld 86-A-14A 86-A-15A 86-A-16 86-A-18 86D-4-18A USE VDOT Yard/Office Commercial Residential Apartment Residential Commercial Townhouse Open Space ZONING B-1 District B-1 District B-1 District B-2 District B-2 District RP District 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): North side of Fairfax Pike (Route 277); Adjacent to VDOT Lane (Route 1018); approximately 1/2-mile east of Interstate 81 Exit 307 13 • • 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: N/A Non -Residential Lots: N/A Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed TownhoIlle: N/A Multi -Family: N/A Mobile Home: N/A Hotel Rooms: Sauare Footan of Proposed Uses Service Station: ManUIaCLU611g: Warehouse: Other: Undetermined I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of 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): t Date: -III 13 Date: Owner(s): t U t 'ilur Z,i �, /i Date: Date: 14 Q AUZED DEVELgPME►{T PLM z n l� t EXISTING DATA SHOWN HAS BAN CO&P1LIED FROM FREDERICK 00. NO DATA. LE�111S 2. TOPO(BiAPHY 18 FROM YEAR 200S. L S S. TAX MAP WORMATIO N 0 FROM YEAR 2010. W FtLL ♦. ORTHOPHOT08 ARE FROM YEAR 2006- Bpl� L THIS EXHBIT HAS BEEN DEVELOPED FOR R1ROI 333 iiEF6E4CE AND M NOT NTIEDED FOR S 1 GONBTRUCTION OR P9i/TTINo 118E / J S. LEA ae 1 - ROW DGMATION AREA Is 2 - F104T N/RIONT OUT ENTRANCE a - CORNER CLEARANCE. FULL ACCESS C ENTRANCE `J s . A � BrfT i - FULL ACCESS ENTRANCE OM N 6D' SPACNKI) - - T. ROW NARRATIVE - THE ROW DEDICATION Z AREA PROVDED ON THIS EXHISTT 16 TO z ENSURE APPROPRIATE AREA FOR THE J SECOND WESTBOUND TRAVEL LANE MM N Tv �s A t6 TM so-"0- STRIP T9 SIDEWALK EWALK AA P MAPMMANCE ST1aP. THE ROW DEDICATION TO BE F.. PROVDED AT TINT TM OF FIRST SITE PLAN Z UNLESS tEOUI ED BY VDOT PRIOR TO W DEVELOPMENT. 2a i > of J W aI LU �. N c z -_ - o IIOUTE 2" - FAMAI 60 30 O 60 120 ■a re a a s 5GA1E, V - 60' • P14TE8• L EXt8TM DATA SHOWN HAS BMN COMPILED FROM FREDERICK CO. 098 DATA- 2. TOPOGRAPHY IB FROM YEAR 2008. i. TAX MAP WORMATTON IS FROM YEAR 201a 4. P1/ ORTH100T08 A,= FROM YEAR YOOQ a. THIS EXHBT HAS BEEN DEVELOPED FOR REFSIEIICE AND W NOT INTENDED FOR CONSTRUCTION OR PERM"M USE. IL Llwml? Iwo - ROW DEDICATION AREA Q - RXifT N/RKifT OUT ENTRANCE 9 - CORNET; CLEARANCE. FULL ACCESS ENTRANCE O- NITER -PARCEL ACCESS ESMT T. ROW NARRATTVE - THE ROW DEDICATION AIiA PROVIDED ON THIS EXHWT tS TO ENSUE APPROPRIATE AREA FOR THE r SECOND WESTBOIED TRAVEL LANE, GREEN STRIP, IV SIDEWALK AND A T MAEfT@IANCE 1 1 STRIP. THE ROW DEDICATION TO i PROVIDED AT THE TOF FRET BETE PLAN tMtSS REOIi,ED BY VDOT PROR TO DEVELOPMWT. S. VDOT LANE RELOCATION IS BASED ON VDOrS MIAL SKETCHES THEN TAKES WTO ACCOUNT THE DEVELOPMENT OF THE OLO E0T PARCEL& DESIM SPEED OF 20 MPH ON VDOT LACE HAS BEEN USED FOR THIS EXHIR. . klom s i • r 0% J Q U cw F o* w 3� � a- . 0 X w Q a LL O U- _� T a►a �s�u we KE wl • u -YrLG VVVIV lflf ^DOImm i1f 0 0 N +.a+ .sLlrts/• �.s M � r /04po.v s��,�s-spN%wrt y.so-s �cvar�-� OI :��•rwtF t 9�? ►- c�res CC K, 1,5 L Il29 O i.l''4�j I092 LAND 54�� ,.. c�,o,�'4�C/G.v oc�T, �.PEoE.Qicr %-.sVt•*s • ioo • --VA~.M+/i .adr si iP p a v AR .t/decE.0 Y ' iw•vc.�vrr r�.4� i.•i. owt,,,j I i CPS aaoz,-)eca 1p 4 C, a, I CC) lK el imam Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 No►•th Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (we) (Name) Bowman -Shoemaker Companies, Inc. (PllollC) (540) 869-1800 (Address) PO Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of' land ("Property") conveyed to tile (us), by cfeed recorcled in the Clerk's Office of the Circuit Court of the County of 1'rccierick, Virginia, by Illstrliillcilt No. Deed Book 634 Oil Page 499 , and is described as Parcel: S6 Lot: 14 Block: A Section do hereby make, constitute and appoint: (Nallle) Greenway Engineering Subdivision: (PllO11C) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true and lawful attorney -in -fact for and in Illy (Our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for Illy (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance oi- Appeal My attorney -in -fact shall have the authority to ofTer proflerecl conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise reseincled or nlociified. In witness thereof, I (we) have hereto set Illy (our) hand and seal this J — clay of 04AL 20 13 , Signature(s) 0i State of Virginia, City/County Of �� C�\� , To -wit: I, i ��tlh'-� \� , `h 19s1 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing insti'linicnt I)Ci-sonally nappeared before me and has as�alowleciged the same before ale in the jurisdiction aforesaid this A day of N- (X4l , 20 1 '3 . 1 I I emission Cxpires: Notary Public SAUNDRA M. MURPH Notary Public 7r14181 Mar A^ a1 2016 .��. ... ..•L, . Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (NVe) (Nallle) Elizabeth Properties, L.C. (Phone) (540) 869-1800 (Address) PO Box 480 Stephens City, VA 22655 the owncr(s) of all those tracts or parcels of land ("Properly") conveyed to nlc (us), by deed recorded in the Clerk's Office of the Circuit Court of the County Of Frederick, Virginia, by I1lStl•il1llcllt NO. 070002101 on Page 0411 , and is described as Parcel: 86 Lot: 15 Block: A Section do hereby make, constitute and appoint: (Name) Greenway Engineering Subdivision: (P11011C) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 TO act as my true and lawful attonicy-ill-fact for and ill Illy (om-) Rattle, place and stead with full power and authority I (we) wotdd have if acting personally to file planning applications for Illy (our) above described Property, including: X Rezoning (inchiding proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make anlen(in1CntS to previously approved proffered conditions except as follows: This authorization shall expire one year from the (lay it is signed, or Lill 11 1 is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) haled alld scat this i�-� (lay of A , 20 3 , Signaturc(s) v State of Virginia, City/COtinty Of C_� < , To -wit: I, -k - , a Notary Public in and for the jurisdiction aforesaid, certi y that the person(s) who signed to t le foregoing instrunlCnl personally appeared before me and has Psnowledgcd the same before me in the jurisdiction aforesaidthis JV—day of , 20L�. 11 v S \ M Commission Expires: Notary Pilblic SAUNDRA M. MURPH Notary Public 7514181 M., ��..,•, . �,. NA; 31. 2016 NOTES- 1. EXISTING DATA SHOWN HAS BEEN COMPILED FROM FREDERICK CO. GIS DATA. 2. TOPOGRAPHY IS FROM YEAR 2008. 3. TAX MAP INFORMATION IS FROM YEAR 2010. 4. ORTHOPHOTOS ARE FROM YEAR 2006. 5. THIS EXHIBIT HAS BEEN DEVELOPED FOR REFERENCE AND IS NOT INTENDED FOR CONSTRUCTION OR PERMITTING USE. 6. LEGEND t ROW DEDICATION AREA 2 - RIGHT IN/RIGHT OUT ENTRANCE 3 - CORNER CLEARANCE, FULL ACCESS ENTRANCE - INTER -PARCEL ACCESS ESMT 7. ROW NARRATIVE - THE ROW DEDICATION AREA PROVIDED ON THIS EXHIBIT IS TO ENSURE APPROPRIATE AREA FOR THE SECOND WESTBOUND TRAVEL LANE, GREEN STRIP, 5' SIDEWALK AND A 1' MAINTENANCE STRIP. THE ROW DEDICATION TO BE PROVIDED AT THE TIME OF FIRST SITE PLAN UNLESS REQUIRED BY VDOT PRIOR TO DEVELOPMENT. 8. VDOT LANE RELOCATION IS BASED ON VDOT'S INITIAL SKETCHES THEN TAKES INTO ACCOUNT THE DEVELOPMENT OF THE SUBJECT PARCELS. DESIGN SPEED OF 20 MPH ON VDOT LANE HAS BEEN USED FOR THIS EXHIBIT. �1 ,a Z Lu N h u Z t\ • � 9 W�o~i�'np� UA lil rya ♦ v ♦ 4Ir �O • �. c Q E" cc F W L) La w V)> ~ � d z Q U v rx a o cc FU w W^ W Ym AL00 z Q LB 0 a H X c LL t _ REVISED 04/09/13 i7w"w lum DATE: 3-28-13 SCALE I' - 60' 60 30 0 60 120 DESIGNED BY: Rix `;IL JOB NO. 6510 # 15GAI E: 1 " = 60' 9HEET I OF I Map Data Source Frederick County. Va GIS Department. November 2012 Data. Aerial Photo from 2010 - --- low ( \ Admk �� Fairfax Pike & Adjoining Roads 4 B1 & B2 District FAR Data Map and Tahle Exhibit � _ 2y 74B 81 O / 0 57 2652 OC! 0 57 74B 5 1 Bi O O O Q� 1 3696 B 74B 51 D FPO �' y B 1 ,Z! \ Qr 647 098 U y'9i� oO m 2 O , C/R O �65668 3120', 86 A B 0:3a 19 o n Bz \ 85 4 3 O ° 0.878 85 4 5A 0.41 O O O O G FTy.�R B. 0 O (/�/� 2 01 / 51 O o V 86 A 08 O 85 BO ' 498 ; 4250 B2 7 Q 0 es q 1 es A 15 O ` O O � � O B7 Bt \✓ /� Q 235 178 4588 - 2352 85 A 149 /' - 746--72jD` / r 1.96 0 86 A 13 11 59 B2 B2 / 1 09t 0.87 Z 0 88 A 14 B1 7254--__� 1541 5 \� / 11 / 15 !' 1 045 + 5000 88 A 15 81 0.71 1.04 86 A 10B t 82 74B 7 2 C 74B 7 2 D2 B2 0 0 75 56 12322 82.. i ° Q 2810 6859 5 1 P' \851 Ar 149C 0 748 7 2 D1/ f 74B 7 2 D3 B1 61 748 i7 2 B !r c _- 86 .. A 14 88 �A 12 r 1 81 B2 B2 B2 t;5 A 152 3742 B1 r�I o B2 86 A 16 Q n - — B2. U Q!, Ap- FAIRFAX-PIKE - 77 -- F 019 -- o.a3 , za 133 _ -- y 85 A1 1 0.57 11 ---, a Q 0 8 B12 B .,. A 86 1 A 8 82AJ 91 85 A 148D '_ .I O 0 ❑ 3396 82 2 --- — s58 1 A B 1 e 297 O L-INWOOD-C_T.1 s2 1 L 5120 3000 0 85 A 148E ' ;' 85 3 1 O ❑ Q I 0 57 88 A 17 Bt Legend 21 ❑ 85B 1 B1 1814 Yi5 85 A=�14170,6�21 O �1 I 82 Building Footprint 24308 B2 0 U w o 86 A 18 Parcel Boundary 85 A 148c 8 A 1488 o a > I.Li LJ 62 B o ❑ Q ° W 2 02 W 1.52. 85 A 14 O� w ❑ 5530 i� 1 A 146A B2 �,• Zs7 O d C] ❑ M1900 0 ,�GO B2 �� 0 o W ❑ rV - - 8 - L of — rr S .. w 2 O v OODSID B2 E-ClR ❑_❑ o O gRK Q a L GREENWAY ENGINEERING _ C1 . Feet O a 300 150 0 300 New a N►rwrr f.ww.wW 1 ee.rm � ( \ G � O / J �� '� � � I Fairfax Pike Adjoining Roads B1 B2 District FAR Data Map and Table Exhibit Greenway File 5510 Tax Map Acreage Zoning Building Square Ft Parcel Square Feet FAR 86 A 1 8.13 B1 720 354142.8 0.00 85 A 149C 1.059 B1 1541.5 46130.04 0.03 86 A 13 2.22 B1 3462 96703.2 0.04 85 A 148A 0.91 B1 2912 39204 0.07 74B 51 B 0.57 B1 2652 24829.2 0.11 85 4 1 0.61 B1 3120 26571.6 0.12 86 A 15A 0.8 B1 4250 34848 0.12 85 4 5A 0.878 B1 5470 38245.68 0.14 74B 51 D 0.571 B1 3696 24829.2 0.15 86 A 14 0.71 B1 6156 30927.6 0.20 85 3 1 2.97 B2 3000 129373.2 0.02 74B 7 2 D 1.78 B2 2352 77536.8 0.03 85 A 149 2.35 B2 4588 102366 0.04 86 A 18A 1.241 B2 2861 54014.4 0.05 74B 72 B 1 B2 2810 43560 0.06 85 A 148D 0.57 B2 1776 24829.2 0.07 74B 7 2 D1 1.091 B2 3588 47523.96 0.08 85B 1 A 0.98 B2 3396 42688.8 0.08 86 A 10 16.08 B2 65668 700444.8 0.09 86 A 18 18.14 B2 88084 790178.4 0.11 86 A 16 0.75 B2 3742 32670 0.11 85 A 148F 1 B2 5120 43560 0.12 74B 7 2 D3 0.87 B2 5000 37897.2 0.13 74B 72 D2 1.0451 B2 6859.5 45520.2 0.15 86 A 10B 1.11 B2 7254 47916 0.15 85 A 148E 2.821 B2 21322 122839.2 0.17 86 A 82A 1.33 B2 11180 57934.8 0.19 85B 1 B 0.43 B2 4092 18730.8 0.22 85 A 148C 2.5 B2 24308 108900 0.22 86 A 12 1.04 B2 12322 45302.4 0.27 85 A 146A 1.521 B2 35530 66211.2 0.54 Source: Frederick County GIS, 2012 Data Data Sorted by Zoning/FAR Of low New z �o FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES eGt^ G� o� UDA AND SWSA MAP WITH WATER AND SEWER LINES �F14,A uU = a E �Jv Wt Z� LL w \ W • >EL \S \ q s:AQ WC Z v • Z CLLI v o R LLI cc ZqeFTy 5 Jo OF,CT\ \ C c.� all w �;- w w z ih Q z J �3 Jw Qw v, p Op 0 Qw �181 Z o� z U) 0 EXIT 307 Z ss A 14 Y / JQ 0 Q z 86 A 15 d 5 W Z 9 Xci QLu L ui 0 Q Z FAIRFAX•PIKE $ a.. O �NX $ LINWDOD CT o W W W O 0 to Z w Z m Legend a o J w Q z Fairfax PikeNDOT Lane Commercial Properties c=7 w F- z_ = Q w w Parcel Boundary j \ X cn o X JUj � Urban Development Area (UDA) Boundary J MFgOQ Z Q 0 LO rr@ Sewer Water Service Area (SWSA) Boundary WOODsil) C'R LL h�glQk \ m o w U) Uj o 0 Water Line N n Z w Q Q U w 0 x Q o g x o — Sewer Line Of pit Q zp a u- n w �p 2 w N Q cv r Feet oo- X Q o `� 300 0 300 600 �``P `� W W a = o Map Data Source Frederick County, Va GIs Department, November 2012 Data 730 735 740 ----LINWOOD CT 740 745 I I 16� I 760 Map Data S01FLU F re(]unck County, Va GIS Department, November 2012 Data 1- 760 FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES ENVIRONMENTAL FEATURES MAP U MFq�o�Cq v 760 O r' z 760 i FAIRFAX-PIKE $ Feet 200 0 200 400 0 • Z N _ N C N O O r ' � N O V q C c J Z G LL U Lu 0 � W E E '• o �+ o m 5 C C Q J O � W _ � 3 3 a c y c a Z ° a • � y N W f ° m W ;� w P Lli 2 w Cf) < J � w � � W 00 � 0 U < Z� Z z w LL LLJJ Y_ < NN J Q Cl. U w (2f Z X cr- w < w L.L 2 z of 0 QO U � z W I I i J < cLJ J < < w � O r in o W Q } p Z LWL W Z O 1 O 0 0 0 W Z < w W Y U O a LL N > p w 0 N j i V W W X p N ii L - Z W a-LL O (D N u C C LIJ Q t o J) FAIRFAX PIKE/VDOT LANE COMMERCIAi_ PROPERTIES ��Z SOILS MAP LU m z a N C ° -- Z y pOp C J Z0LL C f0 C � W.2 E 8 2 ° a- J O T 0 w :: n - • ,. _ 2 N i a y y m 7 L rn U1 ° �PT1'' W z� 3113 v O s m w Z • r w w z� 86 A 14 O a0 C7 a i 0 a Z Q Z a Z 1C YQ ON 86 A 15 44B a U w O X Q� L w L O n . _ Feet 100 0 100 200 71 -- FAIRFAX- PIKE wLU � W r m 11 F— o ° a g z Z w Legend W ? Q J Q w > p Fairfax PikeNDOT Lane Con-mercial Properties U O J to z O o X OU) CD U Parcel Boundary Q 2 Y o Solis o o U w a - 1C, BERKS CHANNERY SILL LOAM, 7 TO 15 PERCENT SLOPES , a uw o - 3B, BLAIRTON SILT LOAM, 2 TO 7 PERCENT SLOPES Y X w p X `L N N L - 44B, ZOAR SILT LOAM, 2 TO 7 PERCENT SLOPES f w J' aQ rn ap Data Source F reoenek County, Va GIs Department, November 2012 Data FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES HISTORIC FEATURES MAP Z� ?'O cc N LI r p e�0,9,� Q-I=PJ Z > E $ Oo ,Q v' N m a ; wm =cc �� µ �C Z to N O �°cGseGc � e s 'i- G � iti # cy�titi �q R� X �� y 04,A m 'Q ti� `= w tiST < Z 2 VO s2 70 A, Ryas O V V yYOF T a CQ. � �� \P? V o O �� w w J4. 4(b F/ Q� v m �Q ?� i Q w (n j q'�'ST tie v A0, 0 0 ap o w tti Z D 86 A 14 2 ? l� Z CL Z f- /�86 A 15 0 / Y Q O w ST 4(1 a U w U Lt Oy X of IY c O�O� � O W O �2 U) Q � LINWOOD CO T AIRFgX pI,? w � U = O� Z 77 Q 4 = O� 1 yo WOOD =\M�'400 �� w a J� SIDE.CIR �CARK�N O � a � m O U Q z O� O� m a CL z 0 ', O O�� _ Legend U <o�o VF/�V O c Fairfax Pikeh/DOT Lane Commercial Properties w w Q> o Cr 01,�Q- = Parcel Boundary o z W z Lo I Z Q D 0 �QO v rt; Cemetery w ON W O RIDGEFIELD AVE—U DRIFTW'JOD DR z W U w w Rural Landmark g v o J O Q O w a o cr p0 eR�'1'O y W = O w o Feet Y W LL W L I—M 7 MAE L � 6500 0 500 1,000 DOLLIE \ <LX QL.L Map Data Source: Fredenck County. Va. GIS Department, November 2012 Data 86D 4 18A • • \F<�ZggFl Z N FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES \ "by ADJOINING PROPERTIES MAP La N La d FQ Z > E 86D 4 18A y o \ ZG LL w C C W q s ' \\ ` o \/ . 3 L ` HD 4 18A � W � •r v W Z06 oIM co (o p 00 86 A 15A 00 � E Siw W 86 A 1 L v 0 z 0 w Cf)w Q C,yG,p Q w w y�4 0� Z � 86 A 14 w J Z O Y_ Q Oa N CL Q d U w X Ii Of U 86 A 15 Q W Z LL 2 z2i _ - O <O U 0 Q 86 A 16 w w Z_ � r w m � � o - - 77 FAIRFAX•PIKE (I. Q z Q U) �—� U) U cn p LegenCi w w � Q > o U IY � >: Fairfax PikeNDOT Lane Commercial Properties 0 z o Adjoining Property Q < w Parcel Boundary 86 A 18 0 0 0 w a L > 0 0 ('4o w w o Feet a Q 0 N C X 100 0 100 200 Q w w Cr F Q Q Q U) M.ip Oala SourceFrederick County, Va GIS Department. November 2012 Data FAIRFAX PIKE/VDOT LANE COORCIAL PROPERTIES 0 0 Tax Map Number Owner Mailing Address City State ZIP Zoning Land Use Improvements Land Tota 86 A 1 COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402 B1 72 $165,900 $782,700 86 A 14 BOWMAN -SHOEMAKER - COMPANIES INC PO BOX 480 STEPHENS CITY VA 22655 B1 4 $0 $618,100 86 A 14A CHU'S STEPHENS CITY LLC 5851 SADDLE DOWNS PL CENTREVILLE VA 20120 B1 4 $381,400 $397,100 86 A 15 ELIZABETH PROPERTIES LC PO BOX 480 STEPHENS CITY VA 22655 B1 4 $2,000 $677,000 86 A 15A YATES WILLOWS APARTMENTS LLC 111 DEVILS BACKBONE OVERLOOK STEPHENSON VA 22656 B1 4 $168,700 $125,500 86 A 16 ORNDORFF THOMAS D 1015 OLD GRADE RD STRASBURG VA 22657 B2 4 $67,400 $204,400 86 A 18 WINCITY REALTY ASSOCIATES -DE LLC - C/O WIN PROPERTIES INC 10 RYE RIDGE PLZ STE 200 RYE BROOK NY 10573 B2 4 $6,270,100 $3,058,000 86D 4 5 RIDINGS BRIAN D 208 FREETON CT STEPHENS CITY VA 22655 RP 2 $72,100 $29,500 86D 4 6 CHAMBERS JOSHUA - CHAMBERS KATE 206 FREETON CT STEPHENS CITY VA 22655 RP 2 $62,800 $29,500 86D 4 7 SLAUGHTER DONALD G - SLAUGHTER VICKY S 1049 LAUREL GROVE RD WINCHESTER VA 22602 RP 2 $66,400 $29,500 86D 4 8 ANDERSON JON E 2130 SCARLET OAK CT HARRISONBURG VA 22801 RP 2 $62,800 $29,500 86D 4 9 LARKIN SHANE 119 SEDGWICK AVE APT 3B YONKERS NY 10705 RP 2 $71,300 $29,500 86D 4 18A BOWMAN -SHOEMAKER - COMPANIES INC PO BOX 480 ISTEPHENS CITY VA 22655 RP 77 $0 $1,500 Sorted by Tax Map Number Source: Frederick County GIS, November 2012 i • \� FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES �Gtis BG Z LU N LOCATION AND ZONING MAP� C+ ,�a Q- /�� cy WZ_ \ N S 0 Z fr LL W W > W m T C WOA z a= a m 2 y A� Z n o >A W LY �d a U HyoF cT 677 z r a U a z ° o w z \l z p OD O z EXIT 307 2 Z CL z ON / 8 A 14 Y Q O 86 A 15N z a U w Q X w Of z Qw O FAIRFAX-PIKE UO J WI HEST R 2 ID CT Legend o ® Fairfax PikeNDOT Lane Commercial Properties w Parcel Boundary L o I r 7 a Frederick County Zoning a o J B1 (Business, Neighborhood District) w a Q z Q�-z- w = B2 (Business, General Distrist) Q o ( o > \ U Z o MF M1 (Industrial, Ligtit District) w z Q q0 2c�Z >� W pt'►�(gRkCH M2 (Industrial, General District) U O Q Q C RA (Rural Area District) w r.� z 0 0 STEPHENS CITY Q'/ z w z Q YLU SITE �O RP (Residential, Performance District) g O U °� O� o Q O W a o 11 O p o oFAwAX.pEKE Oa Feet o LL N U 4 77 300 0 300 600 Lij �U) Map Uata Source hredenck County, Va GIS Department, November 2012 Data REZONING APPLICATION #02-13 FAIRFAX PIKE/VDOT LANE COMMERCIAL Staff Report for the Planning Commission Prepared: April 29, 2013 Staff Contact: Michael T. Ruddy, AlCP, Deputy Planning Director Reviewed Action Planning Commission: 05/15/13 Pending Board of Supervisors: 06/12/13 Pending PROPOSAL: To rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers. LOCATION: The properties are located on the north side of'Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately'/2 mile east of Interstate 81 Lxit 307. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/15/13 PLANNING COMMISSION MEETING: This is an application to rezone a total of 3.61 acres of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial Uses. The B2 (Business General) land use proposed in this rezoning is generally consistent with the Route 277 Urban Center Plan and the 2030 Comprehensive Plan. The impacts associated with this request have generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. With this rezoning, the applicant has proffered to dedicate the necessary right-of- way to enable the Route 277 improvement project to occur and has coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribution in the amount of $35,000 to assist in other transportation improvements. J'ollolying the iequil'ed public heai'in , a Pecoif men(latiofl this mzoning application to the Boal'd of Supervisors would be appropriate. The applicaiit shoiilrl be prepared to ailequately address all conceivis raised by the Planning Co/mfii.ssion. • Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial April 29, 2013 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors 10 assist thein in making a llecisioil oil this application. It may also be useful to others interested In this zoning matter. Unresolved issues concerning this application are doted by staff where relevant throti-hoat this staff report. Reviewed Action Planning Commission: 05/15/13 Pending Board of Supervisors: 06/12/13 Pending PROPOSAL: To rezone 3.61 acres from 131 (Neighborhood Business) District to 132 (General Business) District with proffers. LOCATION: The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately''/2 mile cast of Interstate 81 Exit 307. MAGISTERIAL DISTRICT: Opcquon PROPERTY Ill NUMBERS: 86-A-14 and 86-A-15 PROPERTY ZONING: B 1 (Neighborhood BLISIIIeSS) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) 131 (Neighborhood Business) South: 132 (Business General) East: Bl (Neighborhood Business) West: 132 (Business General) 131 (Neighborhood Business) Use: Residential Residential Use: Commercial Use: Commercial Use: Residential VDOT I-Ieadquarters • • Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial April 29, 2013 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the revised rc-r_oning application for the Fairfax Pike/VDOT Lane Commercial Properties as received by this office on April 1 1, 2013, for impacts to the local transportation system. VDOT supports this rezoning in its current format. Fire and Rescue: Plan approved. Public Woi-ks Deparhnent: We have completed our review of the rezoning application for the proposed commercial development at the intersection of Fairfax Pike and VDOT Lane. Based on this review, we offer the following minor comments: 1. Refer to Site Drainage on Page 8. Change east to west Of the Food Lion Plaza development. 2. At the site plan design phase, include an analysis of the downstream stormwater conveyance SyStC111 L111t11 the rL1110f1 I'CaChCS the drainage Channel on the south side of Fairfax Pike. Alternative stormwater management systems should be considered in future site plan designs. Department of Inspections: N/A Frederick Counth, Sanitation Authority: Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis the existing sanitary sewer system within the area to be served and the existing collection main. Both water and sanitary sewer facilities are located within a reasonable distance from this Site. Please be aware that the AuthOrity does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review Or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Service Authority: N/A Frederick -Winchester Health Department: N/A Parks & Recreation: N/A Winchester- Regional AII'port: Proposed I'C'!_011111g ShOUld not have all impact on Operations at the Winchester Regional Airport. Frederick Couny, Attorney: Please see allcichecl leper clulecl Mcirch 12, 2013, fi'ona Roclerick B. Williams, Coimly Allor»ey. Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial April 29, 2013 Page d Planning Department: Please see attached memo clatecl March 22, 2013, from Allichael T. Rucicly, AICP, Deputy Planning Director. Planning & Zoning: 1) Site Histoi-v The original Frederick County Zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned B-1 (Neighborhood Business). The intent of this district is to provide small business areas to ScrvC the daily household necdS of surrounding residential neighborhoods. Uses allowed primarily consist of'linlited retailing and personal Service uses. Business uses in this district should be small in SiZC and Should not produce substantial vehicle traffic in excess of'what is usual in the residential neighborhoods. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is all Official pLlblle CIOCunlCllt that SCrVCS as the C011111111111ty's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living envii-orilellt within Frederick County. It is ill essence a composition of policies used to plan for the future physical development of Frederick County. Land Use. The 2030 Comprehensive Plan and the Route 277 Triangle and Urban Center Land Use Plan provide guiclance on the future development of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with an Urban Center land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan as the urban center designation promotes both commercial and residential land uses in a mixed use environment. This general area contains both uses. Site Access and Ti•ansportation- Route 277 is identified as a minor arterial road. Transportation improvements t0 ROLItc 277, Fairfax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, it is not anticipated that this project constructs improvements to Route 277, rather, dedicates appropriate right-of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value Of ally contribution has a nexus to the project and its impacts. 0 • Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial April 29, 2013 Page 5 The provisioIl of a shared right -in -right -out entrance is proposed. Given the anticipated separated median design for Route 277, such an approach may work in this location. In general additional entrances on Route 277 are to be avoided. Inter parcel connectivity has been provided between the two properties. The proposed relocation of VDOT Lane to the west to align with the existing entrance to the shoppino center will not have an impact to the entrance proposed on VDOT Lane. The Applicant has worked with VDOT and Mr. Bishop, Frederick COL111ty I ransportation Planner, to ensure that the proposal fits in with the preliminary engineering and design work for the Route 277 improvement project. 3) Site Suitability/Environment The site does not contain any environmental featLll'CS that WOUld either constrain or preclude Site development. There are no identified areas Of steep slopes, floodplalns or woodlands. The Frederick County Engineer has requested that an analysis Of the downstream stormwater conveyance System until the runoff reaches the drainage channel on the south side of Fairfax Pike will be needed as part of the detailed site plan design. 4) Potential Impacts The subject properties are currently zoned B1 (Neighborhood Business). Therefore, the rezoning of these properties to the B2 (Business General) district will have the potential to generate additional impacts. However, it is recognized that the impacts associated may not be as significant as if this property was zoned RA (Rural Areas). The Applicant has made commitments to address the additional impacts associated with this request. 5) Proffer Statement — Dated January 25, 2013 and revised on April 11, 2013 A) Generalized Development Plan The Applicant has proffered a Generalized Development Plan. The Plan identifies the properties to be developed and recognizes the transportation and access related co11 mitmcnts Made \vith this rezoning application; including the Route 277 right -of - Way dedication area, access to and from the site via a right -in -right -out entrance on Route 277 and a full entrance on VDOT Lane, and the inter parcel ingress/egress easement. B) Land Use The application's proffer statement does not place any limitation on the amOL111t Of commercial development that may occur 011 this property. Rezoning 1102-13 Fairfax Pike/VDOT Lane Commercial April 29, 2013 Page 6 C) Access Management. Access to the property will be via a fight-in-fight-ollt ClltrarICC Oil Rollie 277 and a full commercial entrance Oil VDOT Lane. A 50 foot ingress/Cgl'cSs casement will be located at this full commercial entrance and will ensure inter parcel access to the eastern parcel, Parcel 86-A-14. D) Transportation The proffer statement provides for 20 foot ofright-of-way dedication along Route 277 in support of the ROLIte 277 Improvement Project. As noted previously, transportation improvements to ROLIte 277, Fairfax Pike, are planned On the VDOT Six -Year Iillprovement Plan. Therefore, it is important that the access to this site reflects the design of the improvements anticipated with the VDOT Six -Year Plan Project. The above proffered access improvements are consistent with this project. The application addresses the relocation of VDOT Lane in the future by ensuring the entrance to this property is located so as to fit in with the design for the realignment. In addition, this application has proffered a monetary contribllti011 ill the amOLlllt Of' $35,000.00 to transportation improvements elsewhere in the County. More specifically, for the off -site transportation improvements associated with the Renaissance Drive — Phase 2 RCVCIILIC Sharing Project. 'file Applicant believes that the value of this contribution has a nexus to the project alld its impacts. C) Community facilities This application proffers a monetary contribution ill all a111ount Of $0.05 peI' building square foot for Fire and Rescue Services. STAFF CONCLUSIONS FOR THE 05/15/13 PLANNING COMMISSION MEETING: This is an application to rezone a total of 3.61 acres Of land from the B 1 (Neighborhood Commercial) District to the B2 (Business General) with proffers, to accommodate commercial LISCS. The B2 (Business General) land use proposed in this rezoning is generally consistent with the ROLAC 277 Urban Center Plan and the 2030 Comprehensive Plan. 'file impacts associated with this I'equest have generally been addressed by the Applicant and the adjacent properties have been considered in this rezoning application. With this rezoning, the applicant has proffered to dedicate the necessary right-of- way to enable the Route 277 improvement project to occur and has coordinated the access to this development to further implement the Route 277 plan. In addition, the Applicant has proffered a monetary contribUtiOIl Ill the aillOLIllt of $35,000 to assist ill Other transportation improvements. 1'ollon,ing the required public / em-inh, a recommen(lation i'e ai'ding this rezoning- application to the Board of Supervisors would be appropriate. 7/le applicant shoillll be prepai-ed to adequately address all concerns raised by the Planning Commission. ts 0 NOTES RECEIPT DATE 2-Up-ILl- _NO. 855 VAT) 988 RECEIVED FROM Al2DRESS_%_]s_ T:_,fo,8�Far�r4d v;llt, ms xoe IS FOR I// —M ACCOUNT HOW PAID / .10 autx f— AML OF ACCOUNT CASH A PAIMT.D Ll lm B YAM,(4o� BALANCr DUE tiIONEY (02001 ranEcm. @ BLBI 8 VADG LLC 9815 J SAM FURR ROAD SUITE 259 HUNTERSVILLE, NC 28078 Ila to tile Order of— Fv lj/ A Q U E S T A A N - I'A CORNEMS, NCB (mq uw4W K L,- 1:0 S 3 11 27 1 24 1000 4 GO 3 ?it 10L, 2 _1111 _te Ls 1042 66.1271/531 GFIFENSPEFFIRD- 'Co CD cl wq�' *• RE,SOLUTION co IGIA, 173% - Action: PLANNING COMMISSION: May 15, 2013 - Recommended Approval BOARD OF SUPERVISORS: .tune 12, 2013 KI APPROVED ❑ DENIED AN ORDINANCE AMENDING TI-IE ZONING DIS"fRICT MAP REZONING 402-13 FAIRFAX PIKE/VDO I' LANE COMMERCIAL, WHEREAS, Rezoning 902-13 Of Fairfax Pilce/VDOT Lane Commercial, submitted by Greenway Engineering. to rezone 3.61 acres from B 1 (Neighborhood Business) District to B2 (General Business) District with proffers dated January 25, 2013 and final revision May 17, 2013 was considered. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately'/2 mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opeduon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 15, 2013 and forwarded a recommendation of approval; and WHEREAS, the Board of' Supervisors held a public hearing on this rezoning on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors f inds the approval ofthis rezoning to be in the best interest of the public health, safety, welfare, and in conirnnjance with the Comprehensive" olicv Plan: NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors to rezone 3.61 acres from BI (Neighborhood Business') District to B2 (General Business) District with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes l4-13 • • This ordinance shall be in effect on the date of adoption. Passed this 12th day of June 12, 2013 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Gene E. Fisher Aye Christopher E. Collins Aye Charles S. DeI-Iaven, Jr. Aye Opequon Magisterial District Vacant A COPY ATTEST Iohn R.,Rile�t, 9r. Frederick County Administrator VIRGINIA: FREDERICI< COUIM.SCT. This instrument of writing was produced to me oi. at and with certificate ackii:o. was admitted to by Sec. 01 $. ° Ll_—, and .58.1 „11 have been paid, if as5cs,,:iN. PDRest 14-13 Greemvay Engineering • D' - Janua 25, 2013 • Fairfax YikeNDOT Lane Rezoning O Revised April 11, 2013 0 f, tRevised May 17. 2013 Ul FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# U.Z, - 1.3 Neighborhood Business (B 1) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: May 17, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02, -/ for the rezoning of 3.61±-acres of Neighborhood Business (B1) District to 3.61±-acres of Business General (132) District with proffers; development of the subject properties ("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 subsequent]), amended of - revised by the Owner and such be approved by the Frederick County Board of SUpel"viSOI-S in accordance with the Said Code and Zoning Ordinance. In the event that such i'ezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bown-lan-Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File 45510/EA\1V Grcenw ay L=ngineering • January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17. 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-irdright-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. Tile filial locations of the commercial entrances and the Miter -parcel collllectlon can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-irdrlght-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance servlllg the Property. O U-1 fV File n5;1WEAw 2 • Greenway Engineering 0 January 25, 2013 Fairfax Pike/VIDOT Lane Rezonine Revised April 11. 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner will ensure that the full access commercial entrance is located a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress easement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of the local share match for qualifying off -site transportation improvements associated with an approved Revenue Sharing project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet Of structural development on the Property for general fire and rescue services. The Owner- shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate Of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES O U-1 C-"-) File :;5510/EAw 3 • Greemvay Engineering 0 Si,gnature January 25. 2013 Fairfax 1'il:e/VDo"r Lane Rezoning Revised April 11. 2013 Revised May 17. 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other- requirements set forth in the Frederick County Code. Respectfully Submitted: Bo\�,man-Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/ ounty of FV-e'_CAe-�' e-k_ To Wit: The foregoing instrument was acknowledged before me this —i kday of JyCI<�- 20 13 by eve -'de i My Commission Expires Fe b. 2cl 2-01 X. " 1L Vim/ 6 Notary Public O (J] File ,':5510/C-A\\' M C� Greenwav Engineering • Signature January 25. 2013 Fairfax Pil:e/\'DOT Lane Rezoning Revised April 11. 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board Of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: r Eliz, both Properties, L.C. Date Commonwealth of Virginia, City ounty f R,-e,Ie✓lCL To Wit: The foregoing instrument was acknowledged before me this`A--�4� day of 30v-v� 20 by }-eVe,; if U FU • ShUc,c`v1��t�C' �'�C� lT1CtC��.f Notary Public My Commission Expires -�e- Zci W l File r 5510/L-AW GENERALIZED DEVELOPMENT PLAN NOTES- 1. EXISTING DATA SHOWN HAS BEEN COMPILED FROM FREDERICK CO. GIS DATA. 2. TOPOGRAPHY IS FROM YEAR 2008. 3. TAX MAP INFORMATION IS FROM YEAR 2010. 4. ORTHOPHOTOS ARE FROM YEAR 2006. 5. THIS EXHIBIT HAS BEEN DEVELOPED FOR REFERENCE AND IS NOT INTENDED FOR CONSTRUCTION OR PERMITTING USE. 8. LEGEND 1 -ROW DEDICATION AREA 2 - RIGHT IN/RIGHT OUT ENTRANCE 3 - CORNER CLEARANCE, FULL ACCESS ENTRANCE O - FULL ACCESS ENTRANCE (MIN 50' SPACING) 7. ROW NARRATIVE - THE ROW DEDICATION AREA PROVIDED ON THIS EXHIBIT IS TO ENSURE APPROPRIATE AREA FOR THE SECOND WESTBOUND TRAVEL LANE, GREEN STRIP, 5' SIDEWALK AND A 1' MAINTENANCE STRIP. THE ROW DEDICATION TO BE PROVIDED AT THE TIME OF FIRST SITE PLAN UNLESS REQUIRED BY VDOT PRIOR TO DEVELOPMENT. r i m 188-A-18 IOUTE 277 - FAIRFAX PIKE 50' FULL SCREEN BUFFER �J TM 89-A-14 120 moniiii ec:�ALE: w N � W01�� o IO W CNN iN a4 Z W ! �a � Qhvq�� 3~�A`� Z � h W um o "v' Ww� z a J a. H Cz 'I �2 a. d Q _j o z wx� W w o w > W �' x 0 o z Q W oa N_ F CV w J a a or: W z 0 DATE: 04-10-13 SCALP: I' - 60' DESIGNED BY: RLK JOB NO. 6610 3HM 1 OFi Greenway Engineering • January 25, 2013 [oil fix PikeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B l) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: Api-il 11, 2�'-3, May 17, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, sliall approve Rezoning Application # for the rezoning of 3.61±-acres of Neighborhood Business (B 1) District to 3.61±-acres of Business General (132) District with proffers; development of the subject properties ("Property") shall be doI1e III coIlformity with the terms and conditions set forth herein, except to the extent that such terms and coIditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File N551o/EAw • Greenway Engineering 0 January 25, 2013 Pairliix Pike/VD0'r lane Rezoning Revised April 11, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. A. la FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A- 15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freetorl Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur- in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The light-ln/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. Tile Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. File N5510; EA\V 2 Greenway Engineering • January 25, 2013 Qflix I'IkeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner Will ensure that the full access commercial entrance is located a minimum ol'225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress casement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of the local share match for qualifying off -site transportation improvements associated with the erlaissanee—Di-ive Phase 2 an approved Revenue Sharing project. The Owner to ^"^„ e project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner- hereby proffers to provide a monetary contribution of $0.05 per - square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property. File #5510/EAW Greenway Engineering • Sip,nature January 25, 2013 pa"fax IlikeNDOT laic Rezoning Revised April 11, 2013 Revised Nlay 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: RIA Bowman -Shoemaker Companies, Inc. Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Exp1I-es Date Notary Public File U5510/EAW 4 Date To Wit: clay of Notary Public Greenway Engineering • SiViiature hummy 25, 2013 t iirlax PikeNDOI' Line Rezoning Revised April 11, 2013 Rcviscd May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Elizabeth Properties, L.C. Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Untitled Stationery Page I of 1 Evan Wyatt From: Rod Williams [rwillia@co.frederick.va.us] Sent: Friday, May 24, 2013 2:40 PM To: Evan Wyatt Cc: Mike Ruddy Subject: RE: Fairfax PikeNDOT Lane Proffer Revision Evan, The revision looks fine to me. Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwiIlia@co.frederick.va.us From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Tuesday, May 21, 2013 11:46 AM To: Rod Williams; Mike Ruddy Subject: Fairfax Pike/VDOT Lane Proffer Revision Hi Rod and Mike, I have attached the proposed revision to the Proffer Statement to reflect what was discussed at the 5-15 Planning Commission meeting. Please advise me if this new language works and I will get Bev to sign the final proffer for the 6-12 Board meeting. Thanks, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 Visit us on the web at www.greenwayen�_lr.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. A Please consider the environment before printing this CONFIDENTIALITY NOTICE: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have rcccived this conununication in error, please notify the sender immediately by email and delete the message and any file lttachmcnls I'rom your computer. Thank you. 6/4/2013 • 6reenway Engineering • January 25, 2013 Fairfax PikeNUOT Lane Rezoning Revised April 11, 2013 FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ#o1z-13 Neighborhood Business (B 1) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in alter the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: April 11, 2013 Preliminary Matters Pursuant to Section 1.5.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # O ' /3 for the rezoning of 3.61 ±-acres of Neighborhood Business (B I) District to 3.61 ±-acres of Business General (132) District with profl'ers; development of the Subject properties ("Property") Shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that SLICII rezoning is not granted, then these proffers Shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the lane( owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File 115510/1?Aw • Greenway Engineering • January 25, 2013 17airfax I'ike/VDOT lane Rezoning Revised April 11, 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, iLll'ther as shown oil the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial coil forillance with the Generalized Development Plan (GDP) prepared by Greellway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement oil Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full Screen buffer adjacent to the Freetoil Townhouse Subdivision. The final locations of the commercial entrances and the litter -parcel connection can be adjusted to accommodate filial engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area oil the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such lime that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner Will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. Pile H5510/FAW 2 Oreenway Engineering • January 25, 2013 • Fairfax I'ike/v1)o,r lane Rezoning Revised April 11, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner Will eI1SL11'e that the 171111 access Commercial entrance is located a minimU111 of 225' from the intersection of' Fairfax Pike and VDOT Lane to provide for appropriate corner Clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress casement across Tax Mal) 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The OW11C1- Will C11SLII-e that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress easement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County for off -Site transportation improvements associated with the Renaissance Drive Phase 2 Revenue Sharing project. The Owner agrees to allow the $35,000.00 to be Utilized as part of the local share match for this transportation improvement project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides Written reCIIICSt 101- this monetary contrlbi,16011. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet 01StrllCtUral development on the Property for general fire and rescue Services. The Owner shall provide the appropriate monetary contrlbUtlon a1110L111t for each structure prior to the issuance 0f the Certificate of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File #15510/HAW 3 49 Greenway Iingineering • Sigiiature January 25, 2013 Fairfax I'ike/ DOT lane Rezoning Revised April 11, 2013 The conditions pi -of lei-ed above shall be bind11Ig Lll)011 the SLICCCSSOI-S and assigns Of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions Shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 4-tj)-1 I d Loj--d . 4-19-15 Bow-nan-Shoemaker Companies, Inc. Date Commonwealth of' Virginia, C-ity/COLIIIty Of T.� C� ��,t C✓\L To Wit: The 101'CgOLIIg II1Stl-Lllllent was acknowledged befoi-e me this _day Of NOA 20 6 by My COn1I111Sslon EXl)li'eS (:�5 A O o Notary ublic FMyCommlsslon UNDRA M. MURPH Notary Public monwealth of Virgini]2016 7514181 Expires May 31 File #5510/FAW Oreenway 1?nginecring • 0 January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick COUnty Board Of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By:La�t� Elikabeth Properties, L.C. Commonwealth of Virginia, -Erty/County 01' CA — To Wit: Date The foregoing instrument was acknowledged before me this 1 d6 Iay of' (ti 20 13 byI�YIG�►Uq _ t Notary Public My Commission Expires C31 1 L SAUNDRA M. MURPH Notary Public Commonwealth of Virgini]2016 7514181 My Commission Expires May 31 Idle #5510/Iv1W i GREENWAY ENGINEERING, I51 Windy I fill lane Winchester, Virginia 22602 Founded in 1971 April 19, 2013 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Fairfax Pike/VDOT Lane Commercial ProDerties Rezolling — Review Agency Information and Comment Response Letlei' Dear Mike: The purpose of this letter is to advise the Planning Commission and Board Ol' Supervisors of information regarding the property owner's mitigation of Impacts for the referenced rezoning application. Please note the following: VDOT Comments — April 18, 2013 The property owner has received VDOT approval of an Access Management Exception Request to allow for a shared right-ul/right-out entrance on Fairfax Pike. VDOT has approved the conceptual plan for access management that utilizes a shared full access commercial entrance on VDOT Lane. VDOT has determined that the location Of the full access commercial entrance will be appropriate when VDOT relocates VDOT Lane to align with the existing commercial entrance serving the Food Lion Plaza. i VDOT has determined that the Fairfax I -like frontage dedication is appropriate for the fLltul'e widening plans for this corridor. FCSA Comments — February 26, 2013 FCSA has stated that public water and sewer capacity is available for the development Of the subject properties. COLlnly Attorney Comments — March 12, 2013 The regLICSt to change the name "Applicant" to "Owner" was made to the final proffer statement. Engineers surveyors Planners hwhonmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project 551WFAW www.greenwayeng.com 0 a > The Special Limited Power of Attorney documents for I3ownlan-Shoemaker CompaIlies and Elizabeth Properties have been eXCCllted and ai-C submitted as inf'ornlation with the Rezoning Application. Public Works Comments — March 1, 2013 i The information in the Site Drainage section of the Impact Analysis Statement has been revised accordingly. The first site plan developed on the subject properties will include an analysis of the downstream stormwater conveyance system, which will be designed for review and approval by the County Engineer. File Marshal Comments — Febl'llary 25, 2013 i No comments. Winchester Regional Airport Comments — April 4, 2013 No Comments. Planning Comments — March 22, 2013 The required application fee has been submitted with the Rezoning Application. We agree that the proposed commercial land use designation for the subject properties is consistent with the Comprehensive Plan. We agree that the subject properties are not able to support an urban center design and that there will heed to be a greater mix of commercial and residential land use in the future to support an urban center concept. COLInty Transportation Comments — March 22, 2013 VDOT has advised that the anticipated fight -of -Way needed along the fl'011tage oil the subject properties ranges from 12.5 feet to 19 feet. The property owner has proffered a right-ol'-way dedication strip that is 20 feet in width along the frontage Of the subject properties. > The shared right-in/right-Out entrance has been approved by VDOT, which regUll-Cd the review and approval Of all Access Management Exception RegUeSt. > Inter -parcel connectivity has been provided between the subject properties through a proffered ingress/egress casement. DiSCLISSiOl1S With the COLlllty Transportation Planning Director indicate that connectivity t0 the east is not necessary. Project 551(VEAW i VDOT has reviewed a conceptual design for the potential relocation of VDOT Lane, which aligns with the existing shopping center entrance and has determined that this will not impact the proposed full access commercial entrance on VDOT Lane that will seine the subject properties. VDOT reviewed a conceptual design for the potential relocation of' VDOT Lane and did not determine that additional right-of-way would be required for future improvements, as this will occur on their property. The frontage improvements to the subject properties will include pedestrian sidewalks. The Zoning Ordinance requires the development of a full buffer and screen along the Freeton Townhouse Open Space; therefore, pedestrian connectivity is not permitted by code. The subject properties will be developed for commercial land use, consist with other adjoining commercial properties and commercial properties within close proximity of the site. The proffered Generalized Development Plan provides for enhanced access management for the subject properties through the restriction of left turn movements on Fairfax Pike, which is not the case with other commercial properties along the corridor. Please contact me il' you have any questions regarding this information, or if you need anything else at this time. Sincerely, II I Evan Wyatt, AIC Greenway Engineering Cc: Beverley B. Shoemaker Rachel Shoemaker Mike Bryan, P.L.C. Project 55 10/lIAW 3 0 0 Page I of I Evan Wyatt From: Funkhouser, Rhonda (VDOT) [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. (VDOT) [Matthew.Smith Q vdot.virginia.gov] Sent: Thursday, April 18, 2013 9:01 AM To: Bishop, John. (VDOT); Evan Wyatt Cc: Ingram, Lloyd (VDOT) Subject: Fairfax Pike/VDOT Lane Commercial Properties - VDOT Comments to Rezoning We have reviewed the Revised Rezoning Application for the Fairfax Pike/VDOT Lane Commercial Properties as received by this office on April 11, 2013 for impacts to the local transportation system. VDOT supports this rezoning in its current format. Thank you for allowing Lis the opportunity to comment. Should you have any questions, feel free to contact me. Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 4/ 19/2013 i '� � `5 N 3 GREEENWAY ENGihJEEIRING TO: Evan Wyatt Greenway Engineering FROM: Michael T. Ruddy, AICP '4,k,�7 Deputy Director • COUNTY of FREDERICK Department of Planning and Development S40/665-5651 FAX: 540/665-6395 RE: Rezoning Comments: Fairfax Pike/VDOT Lane Commercial Rezoning. DATE: March 22, 2013 The following comments are offered regarding the Fairfax Pike/VDO"f Lane Commercial Rezoning Application. This is a request to rezone 3.61 acres from B I (Neighborhood Business) to B2 (Business General) with Profilers. The review is generally based upon the proffer statement dated January 25, 2013, and the Impact Analysis Statement of the same date. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing ]low each of the agencies and their comments have been addressed should be included as part of the submission. General The submission � c for this application would total $10,3 61.00, based upon acreage of 3.61 acres, pIl1S the appropriate amount for public hearing signs. Land Use 1) The 2030 Comprehensive Plan and the Route 277 Triangle and Urban Center Land Use Plan provide guidance on the future develolnnent of the property. The property is located within the UDA and SWSA. The 2030 Comprehensive Plan identifies the general area surrounding this property with an Urban Center land use designation. In general, the proposed commercial land use designation for this property is consistent with this land use designation of the Comprehensive Plan as the urban center designation promotes both commercial and residential land uses in a mixed use environment. This general area contains both uses. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 Fairfax Pike/VDOT Lane Commercial Rezoning Comments March 22, 2013 Page 2 2) The subject properties, regardless of their location, size and dimension, are an integral part of the identified Urban Center. While they individually may not be able to support an entire urban center, they certainly have the ability to fit into the overall Urban Center design. A greater mix and integration of the commercial and residential land uses should occur in the future as this area continues to develop. Impact Analysis and Proffer Statements. Please address the following items from the Impact Analysis and Proflcr Statements prepared for this Application. The following comments have been provided in conjunction with John Bishop, County Transportation Planner. 1) Transportation improvements to Route 277, I'airlax Pike, are planned on the VDOT Six -Year Improvement Plan. Therefore, it is not anticipated that this project constructs improvements to Route 277, rather, dedicates appropriate right- of-way, designs access to this site that is consistent with those improvements anticipated with the VDOT Six -Year Plan Project, and provides some contribution to transportation improvements resulting from the impacts of this new development; further, that the value of any contribution has a nexus to the project and its impacts. 2) The provision of a shared right-in/right-out entrance may work given the anticipated separated median design for Route 277. In general, additional entrances on Route 277 are to be avoided. 3) Potential interparcel connectivity could be provided to the commercial property to the east. 4) Please ensure that the proposed relocation o1' VDOT Lane to the west to align with the existing entrance to the shopping center will not have an impact to the entrances proposed on VDOT Lane. 5) Please evaluate if any additional right-ol •way dedication is necessary along VDOT Lane for future improvements. 6) Please ensure that pedestrian accessibility and circulation is provided to the adjacent properties where appropriate to ensure this project is well integrated into the surrounding community. 7) The commercial and residential land uses of the Route 277 Urban Center are expected to have a strong street presence and relate to existing Fairfax Pike. Please explain what site planning and design elements will be implemented to achieve this goal of the Route 277 Triangle and Urban Center Plan. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. MTR/bad • 0 March 12, 2013 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us Re: Rezoning Application — Fairfax Pike/VDOT Lane Commercial Properties Proffer Statement dated January 25, 2013 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Numbers 86- A-14 and 86-A-15 (collectively, the "Property"), in the Opequon Magisterial District, from the B 1 Neighborhood Business District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the third line under "Preliminary Matters", "Applicant" should be changed to "Owner", consistent with the view that the obligations are ultimately those of the owner(s) (and any successors -in -interest) and not of any applicant(s). • Prior to final submission of the rezoning application, as I assume that you will be acting for the owner(s)/applicant(s), you will of course need to submit executed powers of attorney for Bowman -Shoemaker Companies and Elizabeth Properties, L.C. GREENWAY 01 107 North Kent Street Winchester, Virginia 22 �E�_,� :[_t,:i�1� tt A-- Mr. Evan Wyatt March 12, 2013 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. A . Wil iams County Attorney cc: Michael T. Ruddy, Deputy Director of Planning & Development, Frederick County (via e-mail) 0 0 Page 1 of I Evan Wyatt From: Funkhouser, Rhonda (VDOT) [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. (VDOT) [Matthew.Smith@vdot.virginia.gov] Sent: Tuesday, March 19, 2013 11:33 AM To: Bishop, John. (VDOT); Evan Wyatt Cc: Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Fairfax PikeNDOT Lane Commercial Properties - VDOT Comments to Rezoning We have reviewed the Rezoning Application for the Fair fax Pike/VDOT Lane Commercial Properties as received by this office on February 25, 2013 for impacts to the local transportation system. Our comments for your consideration are as follows: Remove all dimensions associated with the entrances on the Generalized Development Plan, as final design and location will be determined at time of site plan review in accordance with current regulations and standards. . At this time, VDOT does not support two full -access entrances off of VDOT Lane. The 50' ingress/egress easement should provide access to both parcels. Access locations to these properties will be determined at the time of site plan review. This office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Eighth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including turn lanes, right-of-way dedications, traffic signalization, and drainage. VDOT supports this rezoning after satisfactorily addressing the above comments. Thank You for allowing us the opportunity to comment. Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 3/22/2013 Untitled Stationery • Page I of 3 Evan Wyatt From: Colson, Chris, P.E. (VDOT)[Chris.Colson@vdot.virginia.gov] Sent: Friday, January 25, 2013 11:57 AM To: Evan Wyatt Cc: Bishop, John. (VDOT); Thomason, Kirk (VDOT) Subject: RE: Fairfax Pike Preliminary Design Hi Evan, that sounds reasonable to us at this point in time based on the current design. I just want to reiterate the design is still preliminary and is subject to change, but as design continues we will keep the future development of the parcels in mind. If you can share site plan design files we would appreciate it. Chris Colson, P.E. VDOT - Staunton District Location & Design 540-332-7746 (tel) From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Friday, January 25, 2013 9:05 AM To: Colson, Chris, P.E. (VDOT) Cc: Bishop, John. (VDOT) Subject: RE: Fairfax Pike Preliminary Design Hi Chris, I appreciate the return call and the follow up message below. I have had a chance to discuss this information with John Bishop and the property owner. In order to accommodate the preliminary design at this point in time, we will plan to provide a 20' right-of-way dedication along the property frontage of Elizabeth Properties and Bowman -Shoemaker Properties, as well as a 10' temporary construction easement. The County's parking lot setback requirements are 10' from the right-of-way; therefore, we will also identify the ability to extend the dedicated right-of-way into the 10' temporary construction easement if necessary to accommodate the final design. I do not see this being an issue except in the area of the western property line of the Elizabeth Property and would not anticipate the additional encroachment to be more than a couple of feet; therefore, there will not be an impact to the parking lot that will most likely be developed in advance of the Route 277 widening improvements. We will identify the right-of- way dedication area on the site plan for the project and will plan to provide the dedication plat to VDOT at the time it is requested by VDOT, which would most likely occur after the final design of the Route 277 widening. I would ask that both John and you review this suggestion and advise me if this makes sense or if there are other ideas. Thanks, Evan From: Colson, Chris, P.E. (VDOT)[mailto:Chris.Colson@vdot.virginia.gov] Sent: Thursday, January 17, 2013 1:50 PM To: Evan Wyatt 4/ 19/2013 Untitled Stationery is • Page 2 of 3 Cc: Bishop, John. (VDOT) Subject: RE: Fairfax Pike Preliminary Design Hi Evan, I wanted to make sure I got back to you today regarding your questions on Route 277. We are currently still in the preliminary engineering stage; while I feel confident with the horizontal layout through this section, we are still developing the vertical, so I am hesitant to provide CAD files at this stage; and we have not began to set the right-of-way. With that caveat, the following are approximate back of walk offsets from the existing right of way lines at the property corners: Offset Location 19-ft north Western property line of Elizabeth Properties 13-ft north Eastern property line of Elizabeth Properties / Western property line of Bowman -Shoemaker 12.S-ft north Eastern property line of Bowman -Shoemaker The right-of-way will at a minimum be a foot behind the back of walk or greater depending upon the grading; this does not account for any easements (utility, etc.) that may be needed. Let me know if you need additional information. Chris Colson, P.E. VDCT - Staunton District Location & Design 811 Commerce Road Staunton, VA 540-332-7746 (tel) From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Wednesday, January 16, 2013 2:26 PM To: Colson, Chris, P.E. (VDOT) Cc: Bishop, John. (VDOT) Subject: Fairfax Pike Preliminary Design Hi Chris, I met with John Bishop yesterday to discuss one of our projects located at the intersection of Fairfax Pike and VDOT Lane. John advised me of the information discussed between VDOT and Frederick County to establish the typical section in this part of the corridor, which we will be following in our project. I obtained a copy of the preliminary design layout on the aerial base (see attached), which was not to scale; therefore, I need to know what the proposed right-of-way width so we can plan accordingly. It would be great if I could obtain the digital file for the attached document or dimensional information from the road centerline to the north at your earliest possible convenience. I am available should you need to contact me regarding this matter. Thank you, Evan GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 Visit us on the web at www.greenwa eng.com to learn about exciting new services offered by Greenway Engineering: Laboratory Services, Water Sewer, Maintenance / Monitoring, ESA Phase I, Wetlands and more. 4/ 19/2013 0 • tip\ /E)®T Virginia Department of Transportation August 2012 ACCESS MANAGEMENT EXCEPTION REQUEST: AM-2 MINOR ARTERIAL, COLLECTOR, & LOCAL STREET REGULATIONS 24 VAC 30-73 SECTION 120 Submitted by: Greenway Engineering Date: February 22, 2013 Email Address: ewyatt@greenwayeng.com Phone: 540-622-4185 Address:151 Windy Hill Lane Winchester, VA 22602 Project Name: VDOT Lane, Route 277 Rte 277 Locality: Frederick County Description of Project: Rezoning of two commercial properties on the corner of VDOT Lane and Route 277, VDOT District: Staunton/Edinburg Residency Area Land Use Engineer: Matthew B. Smith, P.E. NOTES: (1). Submit this form and any attachments to one of the District's Area Land Use Engineers. (2). See Section 120 of the Regulations for details on the requirements, exceptions, and exception request review process. (3). Attach additional information as necessary to justify the exception request(s). (4). If a traffic engineering study is required, the decision on the request will be based on VDOT engineering judgment. (5). Use the LD-440 Design Exception or the LD-448 Design Waiver forms for engineering related standards, e,g. sight distance. See IIM-LD-227 for additional Instructions. Select the Exception(s) Being Requested ❑ Exception to the shared entrance requirement. (Access M. Regulations Section 120 C.2) Reason for exception: ❑ A. An agreement to share the entrance could not be reached with adjoining property owner. ❑ Attached: Written evidence that adjoining property owner will not share the entrance. ❑ B. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. ❑ Specify constraint: ❑ Attached: Documentation of constraint such as aerial photo or topographic map. ❑ Exception to the vehicular connection to adjoining undeveloped property requirement. (Section 120 C.4) Reason for exception: [] A. Physical constraints: topography, adjacent hazardous land use, stream, wetland, other. ❑ Specify constraint: ❑ Attached: Documentation of constraint such as aerial photo or topographic map. ❑ B. Other reason: ❑ Exception to the requirement that an entrance shall not be located within the functional area of an intersection or roundabout. (See Regulation Section 120 C. 1; Appendix F, Rd Design Manual) ❑ Attached: A traffic engineering study documenting that the operation of the intersection and publlc safety will not be adversely impacted. AM-2 9 • August 2012 ❑ EXCEPTION TO THE SPACING STANDARDS FOR: • Entrances, Intersections, crossovers (Table 2-2); • Entrances, Intersections near interchange ramps (Tables 2-3, 2-4); or • Corner clearance (Figure 4-4). Appendix F, Road Design Manual Provide the following Information on the Exception Request 0 ON A MINOR ARTERIAL OR COLLECTOR ❑ NEAR AN INTERCHANGE RAMP (Submittal of a traffic engineering study required) ❑ CORNER CLEARANCE (Submittal of a traffic engineering study required) Type of entrance/intersection/crossover: Signalized ❑ Unsignalized/Full Access ❑ Partial Access no Posted speed limit: 35 mph Minor Arterial: Collector: ❑ Local: ❑ Required spacing distance 250 ft Proposed spacing dlstanc(?12+/-ft Requested exception: Reduction in required spacing38 +/-ft REASON FOR EXCEPTION: A. To be located on an older, established business section of a highway corridor where existing spacing did not meet the spacing standards prior to October 14, 2009. (Regulation Section 120 C.3.c) NAttached: Dated aerial photo of corridor identifying proposed entrance/intersectlon location. ❑ B. Not enough property frontage to meet spacing standard, but the applicant does not want a partial access right-In/right-out entrance. (Section 120 C.3.f) ❑ Attached: A traffic engineering study documenting that left turn movements at the entrance will not have a negative impact on highway operation or safety. ❑ C. To be located within a new urbanism mixed use type development. (Section 120 C.3.d) 0 Attached: The design of the development and compliance with intersection sight distance. D. The proposed entrance meets the signal warrants but does not meet the signalized Intersection spacing standard. The applicant requests an exception to the spacing standard. ❑ Attached: A traffic engineering study that (1) evaluates the location's suitability for a roundabout and (11) contains specific/documented reasons showing that the proximity of the proposed signal to an adjacent signal will not adversely impact a safe and efficient flow of traffic on the highway. (Section 120 C.5) ❑ E. The development's 2"d (or additional) entrance does not meet the spacing standards but is necessary for the streets to be accepted Into the secondary system. (Section 120 C.3.e) 0 Attached: Information on the development that identifies the location of entrances. ❑ F. To be located within the limits of a VDOT and locality approved access management corridor plan. [] Attached: Aerial photo of corridor Identifying proposed entrance/intersection location. (Sect 120 C.3.b) 2 AM-2 August 2012 FOR VDOT USE ONL Recommendation on Exception Request: Approve ■0 Deny ❑ Date -April 11, 2013 Area Land Use Engineer or : Name Matthew B. Smith, P.E., Area Land Use Engineer Remarks: The Edinburg Residency supports the exception request, as this is within an older . established business section of an Urban Highway Corridor. The proposal is providing a shared right in/right out access with the adjacent lot. In addition, proposed roadway improvements on Route 277 will shift VDOT Lane further west once completed and will then meet spacing requirements to the west. Exception Request Action: Approve Denied ❑ Date: q _ ( -1.. 13 District Administrator or s gnee• Wk-1 Qk Name (and position if Designee) J-ePf�ry A , L4ne6erry V5e— O i re c+b t- Remarks: Con cur wr+k +1 e Propo5ed anal fki ex ce Ue54- 15 capprovej District Staff: Please email copy to Paul. Grasewicz@VDOT.Virginia.Gov 3 AM-2 • 0 August 2012 MINOR ARTERIAL & COLLECTOR REGULATIONS Section 120. Commercial entrance access management. A. As commercial entrance locations and designs are prepared and reviewed, appropriate access management regulations and standards shall be utilized to ensure the safety, integrity and operational characteristics of the transportation system are maintained. The proposed commercial entrance shall meet the access management standards contained in Appendix F of the Road Design Manual and the regulations in this chapter to provide the users of such entrance with a safe means of ingress and egress wtule minimizing the impact of such ingress and egress on the operation of the highway. B. A proposed development's compliance with the access management requirements specified below should be considered during the local government and VDOT's review of any rezoning, site plan, or subdivision plat for the development. VDOT's review of a rezoning traffic impact statement and a site plan/subdivision plat supplemental traffic analysis submitted for a development in accordance with the Traffic Impact Analysis Regulations shall include comments on the development's compliance with the access management requirements specified below. C. Access management requirements, in addition to other regulations in this chapter, include but are not limited to: 1. Restricting commercial entrance locations. To prevent undue interference with free traffic movement and to preserve safety, entrances to the highways shall not be permitted within the functional areas of intersections, roundabouts, railroad grade crossings, interchanges or similar areas with sensitive traffic operations. A request for an exception to this requirement submitted according to 24VAC30-73-120 D shall include a traffic engineering investigation report that contains specific and documented reasons showing that highway operation and safety will not be adversely impacted. 2. Entrances shared with adjoining properties on minor arterials and collectors. To reduce the number of entrances to state highways, a condition of entrance permit issuance shall be that entrances serve two or more parcels. A street that meets the Secondary Street Acceptance Requirements will be publicly maintained and shall be the preferred method for shared entrances as such entrances will allow for the future development of a network of publicly maintained streets. Otherwise a shared commercial entrance shall be created and designed to serve adjoining properties. A copy of the property owners' recorded agreement to share use of and maintain the entrance shall be included with the entrance permit application submitted to the district administrator's designee. The shared entrance shall be identified on any site plan or subdivision plat of the property. The district administrator's designee is authorized to approve an exception to this requirement upon submittal of a request according to 24VAC30-73-120 D that includes the following: a. Written evidence that a reasonable agreement to share an entrance cannot be reached with adjoining property owners, or b. Documentation that there are physical constraints, including but not limited to topography, environmentally sensitive areas, and hazardous uses, to creating a shared entrance. 3. Spacing of entrances and intersections. The spacing of proposed entrances and intersections shall comply with the spacing standards for entrances and intersections in Appendix F except as specified below. a. Where a plan of development or a condition of development that identifies the specific location of an entrance or entrances was proffered pursuant to §15.2-2297, 15.2-2298, or 15.2-2303 of the Code of Virginia as part of a rezoning approved by the locality prior to October 14, 2009, such entrances shall be exempt from the applicable spacing standards for entrances and intersections, provided the requirements of § 15.2-2307 of the Code of Virginia have been met. Entrances shall be exempt from the applicable spacing standards for entrances and intersections when the location of such entrances are shown on a subdivision plat, site plan, preliminary subdivision plat, or a Secondary Street Acceptance Requirements conceptual sketch that was submitted by the locality to VDOT for review and received by VDOT prior to October 14, 2009 or is valid pursuant to §§15.2-2260 and 15.2-2261 and was approved in accordance with §§15.2-2286 and 15.2-2241 through 15.2-2245 prior to October 14, 2009. The district administrator's designee is authorized to exempt such entrances from the spacing standards upon submittal of a request according to 24VAC30-73-120 D that includes documentation of the above criteria. 4 AM-2 August 2012 b. VDOT may work with a locality or localities on access management corridor plans. Such plans may allow for spacing standards that differ from and supersede the applicable spacing standards for entrances and intersections, subject to approval by the district administrator. Such plans may also identify the locations of any physical constraints to creating shared entrances or vehicular/pedestrian connections between adjoining properties. If the permit applicant submits a request according to 24VAC30-73-120 D for an exception to the spacing standards and provides documentation that the location of the proposed commercial entrance is within the limits of an access management plan approved by the local government and by VDOT, the plan should guide the district administrator's designee in approving the exception request and in determining the appropriate location of the entrance. c. On older, established business corridors of a locality within an urban area where existing entrances and intersections did not meet the spacing standards prior to October 14, 2009, spacing for new entrances and intersections may be allowed by the district administrator's designee that is consistent with the established spacing along the highway, provided that the permit applicant submits a request according to 24VAC30-73-120 D for an exception to the spacing standards that includes evidence that reasonable efforts were made to comply with the other access management requirements of this section including restricting entrances within the functional areas of intersections, sharing entrances with and providing vehicular and pedestrian connections between adjoining properties, and physically restricting entrances to right -in or right -out or both movements. d. Where a developer proposes a development within a designated urban development area as defined in §15.2-2223.1 of the Code of Virginia or an area designated in the local comprehensive plan for higher density development that incorporates principles of new urbanism and traditional neighborhood development, which may include but need not be limited to (i) pedestrian -friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed -use neighborhoods, including mixed housing types, (vii) reduction of front and side yard building setbacks, and (viii) reduction of subdivision street widths and turning radii at subdivision street intersections, the district administrator's designee may approve spacing standards for public street intersections internal to the development that differ from the otherwise applicable spacing standards, provided that the developer submits a request according to 24VAC30-73-120 D for an exception to the spacing standards that includes information on the design of the development and on the conformance of such entrances and intersections with the intersection sight distance standards specified in Appendix F. e. Where a development's second or additional commercial entrances are necessary for the streets in the development to be eligible for acceptance into the secondary system of state highways in accordance with the Secondary Street Acceptance Requirements and such commercial entrances cannot meet the spacing standards for highways, the developer may submit a request according to 24VAC30-73-120 D for an exception to the spacing standards that includes information on the design of the development. The following shall apply to the exception request: 1) For highways with a functional classification as a collector or local street, the district administrator's designee may approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances. Such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F of the Road Design Manual. 2) For highways with a functional classification as a minor arterial, the district administrator's designee shall, in consultation with the developer and the locality within which the development is proposed, either approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances, or waive such state requirements that necessitate second or additional commercial entrances. If approved, such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix F. 5 AM-2 August 2012 f. Where a parcel of record has insufficient frontage on a highway to meet the spacing standards because of the dimensions of the parcel or a physical constraint such as topography or an environmentally sensitive area, the entrance shall be physically restricted to right -in or right -out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected and preserved. A request for an exception to this requirement submitted according to 24VAC30-73-120 D shall include a traffic engineering investigation report that contains specific and documented reasons showing that highway operation and safety will not be adversely impacted. 4. Vehicular/pedestrian circulation between adjoining properties. To facilitate traffic circulation between adjacent properties, reduce the number of entrances to the highway, and maximize use of new signalized intersections, the permit applicant shall be required on a highway with a functional classification as a minor arterial highway, and may be required by the district administrator's designee on a highway with a functional classification as a collector, as a condition of permit issuance to record access easements and to construct vehicular connections to the boundaries of the property (which may include frontage roads or reverse frontage roads) in such a manner that affords safe and efficient future access between the permit applicant's property and adjoining undeveloped properties. Where appropriate, the permit applicant also shall construct pedestrian connections to the boundary lines of adjoining undeveloped properties and adjoining developed properties with sidewalks that abut the property. At such time that a commercial entrance permit application is submitted for the adjoining property, a condition of permit issuance shall be to extend such vehicular/pedestrian connections into the proposed development. Development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall provide a unified vehicular and pedestrian access connection and circulation system between the sites. a. Such connections shall not be required if the permit applicant submits a request for an exception according to 24VAC30-73-120 D and provides documentation that there are physical constraints to making such connections between properties, including but not limited to topography, environmentally sensitive areas, and hazardous uses. b. If a permit applicant does not wish to comply with this requirement, the permit applicant's entrance shall be physically restricted to right -in or right -out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected. 5. Traffic signal spacing. To promote the efficient progression of traffic on highways, commercial entrances that are expected to serve sufficient traffic volumes and movements to require signalization shall not be permitted if the spacing between the entrance and at least one adjacent signalized intersection is below signalized intersection spacing standards in Appendix F of the Road Design Manual. If sufficient spacing between adjacent traffic signals is not available, the entrance shall be physically restricted to right -in or right - out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected and preserved. A request for an exception to this requirement submitted according to 24VAC30-73-120 D shall include a traffic engineering investigation report that (i) evaluates the suitability of the entrance location for design as a roundabout, (ii) contains specific and documented reasons showing that highway operation and safety will not be adversely impacted. 6. Limiting entrance movements. To preserve the safety and function of certain highways, the district administrator's designee may require an entrance to be designed and constructed in such a manner as to physically prohibit certain traffic movements. D. A request for an exception from the access management requirements in 24VAC30-73-120 C shall be submitted in writing to the district administrator's designee. The request shall identify the type of exception, describe the reasons for the request, and include all documentation specified in 24VAC30-73-120 C for the type of exception. After considering all pertinent information including any improvements that will be needed to the entrance or intersection to protect the operational characteristics of the highway, the district administrator's designee will advise the applicant in writing regarding the decision on the exception request within 30 calendar days of receipt of the written exception request, with a copy to the district administrator. The applicant may appeal the decision of the district administrator's designee to the district administrator in accordance with the procedures for an appeal. AM-2 • 0 151 Ws* �ha line Vx:7�V` %rMd M Vitrnia 22602 lbund�d Nt 1971 February 22, 2013 Virginia Department of Transportation Attn: Matthew B. Smith, PE 14031 Old Valley Pike Edinburg, Virginia 22824 R Fair_fIc keJVTXIT r•oan*nercUL Proppdcs AMA gMt Exceovon Dear Matt: Cownway Engineering is processing a rezoning application for two small commercial properties to change the zoning designation from the B1 District to the B2 District. These properties are designated as tax parcels 86-A-14 and 8&A-15 and are Iocated on the north side of Fairfax Piim between VDOT Lane and Double Church Road. Parcel 15 has frontage on Fairfax Pike and VDOT LAne and Parcel 14 has frpntage solely on Fairfax Pike. The combined frontage for these parcels is approximately 365 feet (Parcel 14 has approximately 175 feet of frontage and Parcel 15 has approximately 190 feet of frontage). The commercial property irnme diately east of these parcels is developed; therefore, there is approximately 425 feet between VDOT Lane and the adjoining commercial property entrance. Fairfax Pike is clauffied as a minor arterial road with a posted speed limit of 35 mph; therefore, VDOT currently requires 470 feet for AM access commercial entrances for this type of road system. Greenway Engineering has had discussions with VDOT and the Frederick County Director of Transportation regarding the planned widening of the Fairfax Pike and access design for the two commercial properties. Specifically, the County has requested that hill aoc ess commercial entrances be avoided on Fairfax Pike for these parcels; that access onto Fairfax Pike is limited to a shared right•inhight-out entrance; that Rill access commercial entrances are located on VDOT Lane; and that Lot 14 is provided with an access easement across Lot 15 to avoid a landlocked situation that would dictate a hull access commercial entrance on Fairfax Pike. These discussions have provided guidance as to an appropriate 800 M management plan for the two parcels, which is being proffered by the property owner. In order to accomplish this access management plan. VDOT will need to provide the allowance for looting a shared right-idright>•out access that is less than 250 feet. Greenway Engineering has prepared an exhibit that is proffered with the rezoning application that locates the shared right inhight-out access approximately 212 feet from kngineers 5urveyon Planners Environmental Soenttsm 'telephone 540.662.4185 FAX 540.722-9528 Pmra 05Sl0/HAW Www.greenwayeng com • • the Wdsting entrances on Fairfax Pipe. This location can be easily constructed and has appropriate sight distance for westbound traffic on Fairfax Pike. Greenway Engineering has included the VDOT Access management Exception Request: AM-2 Form that identifies the applicable exception request along with the proffered Generalized Development Plan extu'bit dated January 25, 2013 for your review. It is requested that VDOT provide a favorable won for this request, which will be incorporated as a component of the VDOT review comments during the rezoning application process. Please contact nee if you have any questions regarding this information, or if you need anything else at this time. Sincerely, Q_. Evsn yatt, AI Greenway Engineering Cc: John A. Bishop, Jr., Frederick County Director of Transportation ATJM #5s1NHAw 2 % ffi.� I AWAIUM f Fax from : 540 678 4739 0 t94—G5-1j 11:4( Yy G Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County File Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately,as,possible in order to assist the Frederick County Fire Marshal with his review. 'Attach a copy of your: application forms, location.mtap, prof 1e)r,staieilnep t, impact analysis, and any. other pez 0 nt;infolr atxo Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Location of property: North side of Fairfax Pike (Route 277) adjacent to VOO7 Lane (Route 1018); approximately''/2-mile east of Interstate 81 Exit 307 Current zoning: B-1 District Zoning requested: B-2 District Acreage. 3.61+/- Ac. Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 Fax from : 940 678 4739 02-25-13 11:47 Pg: 1 Control number uate receiveo - - -- Rz12-0004 2/22/2013 2/25/2013 Project Name Applicant Fairfax Pike / VDOT Lane Commercial Rezoning Greenway Engineering City State Zip Applicant Phone Address 540-662-4185 151 Windy Hill LWinchester VA 22602 ane Type Application Tax ID Number Fire District Rezoning 86-A-14 & 86-A-1 11 Current Zoning 61 Recommendations Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments (plan Approved Plan Approval Recommended Yes Automatic Fire Alarm System Yes R-equ96"erneids Hydrant Location Not Identified Roadway/Aisleway Width Adequate Rescue District 11 Election District Opequon Residential Sprinkler System No Fire Lane Required No Special Hazards No Reviewed By Signature _ Kenneth Scott Title'�'�s__L_ • • I Mr. Evan Wyatt, AICP Grcenway Engineering 1 S 1 Windy Hill Lane Winchester, Virginia 22602 March 1, 2013 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE: Rezoning Rcquest for Proposed Commercial Properties at Intersection of Fairfax Pike and VDOT Lane Frederick County, Virginia Dear Evan: We have completed our review of the rezoning application for the proposed commercial development at the intersection of Fairfax Pike and VDOT Lane. Based on this review, we offer the following minor comments: Refer to Site Drainage on Page 8. Change cast to west of the Food Lion Plaza development. 2. At the site plan design phase, include an allalysls of the dowllstrealll storlllwater collveyallce systelll ulltll the runoff Peaches the drainage chaimel oil the south side of Fairfax Pike. Alternative stormwater nlanagenlcnt systems should be considered in fiitu re site plan designs. I can be reached at 722-8214 if you should have any questions regarding the above colllnlellts. SI11cerely, MAMI.i I-Iarve L* Strawsn cler, P.E. Y Y Jr., Director of Public Works HES/rls cc: Planning and Development file t:\Rhonda\TEiN1PC0\1MGN'I'S\IN'I' Il-AIRPAx PK & VUO'1' LN RGZ COM.doc 0 • Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hanel deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Taslcer Road Stephens City, Virginia - -- - - ----- - ------------- Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of ,your application form, location map, proffer statement, impact analysis, and any other pertinent information Applicants Na►11C: Greenway Engineering Mailing Address: 151 Windy Hill Lane TC ] Cp lloll e: 540-662-4185 Winchester, VA 22602 Location of property: North side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018); approximately 1/2-mile east of Interstate 81 Exit 307 CurreIlt Zolllllg: B-1 District Zoning requested: B-2 District Acreage: 3.61+/- Ac. Sanitation Authority Comments: stc atickcInca cioa-L"nca. Sanitation Authority Signature & bate: Notice to Sanitation Authority - Please Return This Form to the Applicant 25 GREENWAY ENGINEERING • Post Office Box 1877 N1'inchcsicr Virginia 22604-8377 February 26, 2013 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 �J FREDER RCK COUNTY S MTATM114 AUTHOG�F-Y P11. -- (540)868-1061 (5411)808-1.129 Ref.: Rezoning Comments Fairfax Pike/VDOT Lane Properties Rezoning Tax Map # 86-A-14 & 86-A-15 Dear Mr. Wyatt: l\cc 1•1. Weindel, P.E. E'lig nccr-Dircclor Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the anticipated usage, water capacity is presently available. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the existing collection main. Both water and sanitary sewer facilities are located within a reasonable distance from this site. Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this application for rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thank you-, Uwe E. Weindel, PE Engineer -Director I-T r 2 f �2 1 i-I-l.� 1.! GREENWAY ENGINEER HNIG „IATI:R'S WORTH IT Rezoning Comments Winchester Regional Airport Mail W • Hand delver to: Winehiiter Regiarial Airport Winchester Regional Airport Attn- Executive:Directcir Attn: Executive Director 491 Airport Road 491 Airport Rood Winchester,"Vi;ginia 22602 (Rt. 645, off of Rt. 522 South) (540) ¢62-2422 ' : Winchester, Vtinia t1�� i�'(armation as accurately as po blq, ,or*4 j*ssist the Winchester R.eoo -AU-0 -with ;eir-Tevicw,. Attach a copy of your appli.; it forttri, location map, proffer sateni: ilia s any otlier�Pe ►a !� f! 4 A Applicant's Name: Greenway Engineering Mailing Address: 151 windy Hit Lane Winchester, VA 22602 Telephone: 540-6624185 Location of property: Norm &I" of Fairfax Pke (Route 277) adjacent to VOOT Lane (Routs 1018); approximately frmile east of Interstate 81 Exit 307 Current zoning: B-1 District Zoning requested: B-2 District Acreage: 3.61+/ Ac. Winchester Regional Airport's Comments: Proposed rezoning should not have an impact on operations at the Winchester Regional Airport. Winchester Regional Airport's Signature & Date: _ April 4, 2013 Notice to Winchester Regional Airport - Please Return Form to Applicant 30 0 a IMPACT ANALYSIS STATEMENT FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES REZONING Frederick County, Virginia Opequon Magisterial District Tax Parcel # 86-A-14 and 86-A-15 Aggregate Area of 3.61± acres January 25, 2013 Revised April 11, 2013 Current Owner: Bowman -Shoemaker Companies, Inc. Elizabeth Properties, LC Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 (540)-662-4185 9 0 Greenway Engineering January 25, 2013 Fairfax PikeNDOT Lane Rezoning Revised April 11, 2013 FAIRFAX PIKE NDOT LANE COMMERCIAL PROPERTIES REZONING INTRODUCTION This report has been prepared for the pUrpose Of assessing the impact t0 Frederick COuilty by the rezoning of 3.61± acres owned by Bowman -Shoemaker Companies, Inc., and Elizabeth Properties, LC, identified as Tax Map Parcels 86-A-14 and 86-A-15. Tax Map 86-A-15 is a 1.96± acre parcel Owned by Bowman-Shocnlaker Companies, which is curfently zoned 13-1, Neighborhood Business District. Tax Map 86-A-14 is a 1.65± acre parcel owned by Elizabeth Properties, LC, which is currently zoned B-1, Neighborhood Business District. Both properties are currently undeveloped. The Owner desires to rezone both parcels from the B-1, Neighborhood Business District to B-2, Business General District with proffers. Bask Information: Location: North side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018); approximately'/2-mile east of Interstate 81 Exit 307. Magisterial District: Properly ID Numbers: Current Zoning CUrreIll Use: Proposed Zoning: Total Rezoning Area: Proposed Development: Opecqu011 District 86-A-14 and 86-A-15 86-A-14: 131 District (1.65± acres) 86-A-15: B 1 District (1.96± acres) Undeveloped 86-A-14: B-2 District (1.65± acres) with proffers 86-A-15: I3-2 District (1.96± acres) with proffers 3.61± acres 13-2 Business General District Commercial Retail; Commercial Service; and/Or Office Pile #5510/FAW 2 0 0 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 COMPREHENSIVE POLICY PLAN Sewer and Water Service Area Tax Map Parcels 86-A-14 and 86-A-15 are Currently located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this properly for commercial land use is appropriate based on Current policy. The 3.61± acre subject properties are Currently zoned for neighborhood Commercial land use, and have access to public water and public sewer service. Therefore, the request to rezone the subject properties from B-1, Neighborhood Commercial District to 13-2, Business General District will not require the expansion of the SWSA or the extension of public water and sewer infrastructure to serve the Subject properties. (Please refer to the UDA and SWSA Map Exhibit.) Southern Frederick Land Use Plan Tax Map Parcels 86-A-14 and 86-A-15 are a component of the Route 277 Triangle and Urban Center Land Use Plan. This land use plan recommends the development of business and Urban center land uses along the north Side or Fairfax Pike (Route 277), between the Interstate 81 Exit 307 interchange area and Double Church Road (Route 641). The land use plan identifies the Subject properties within a future urban center land use designation. The land use plan stales that the urban Center is larger than the neighborhood commercial Center with a larger commercial core, higher residential densities, and is designed around some form Of public space or focal point. The 3.61± acre subject properties have approximately 425' of frontage along Fairfax Pike and will have their primary point of access along VDOT Lane. The location, size, and dimension Of the subject properties are not Conducive to urban center clesign; therefore, the Owner intends to maintain a business land use designation for the property. The Owner's proposal provides right-of-way dedication for the planned widening of Fairfax Pike, the provision of inter -parcel access to direct traffic to VDOT Lane, and the provision of right-in/right-OUt access on Fairfax Pike to facilitate access management control. Therefore, the Owner's request is consistent with the transportation goals of the Route 277 Triangle and Urban Center Land Use Plan and provides for economic development land use to further support the goals of the plan. SUITABILITY OF THE SITE Floodplains Tax Map Parcels 86-A-14 and 86-A-15 are located on FEMA NFIP Map #510063-0200 B. This map, as well as the Frederick County CIS database delineates the subject properties as being outside or the 100-year floodplaul. Both mapping SOLICCCS identify Stephens RLIn as the Closest floodplaill area, which is approximately 3/4-mile southwest of' the subject properties. Therefore, there will be no impacts to this environmental File #5510/I:AW 3 Greenway Engineering January 25, 2013 Fairfax Pike/VDO'1' Lane Rezoning Revised April 11, 2013 Feature by the development of' the proposed commercial land uses On these properties. (Please refer to the Environmental Features Map Exhibit.) WmI-Inrlc Tax Map Parcels 86-A-14 and 86-A-15 do not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map, as well as information from the Frederick County GIS Database. No evidence of wetlands features and vcgCtation is present On the property; therefore, the subject site is not impacted by wetland areas. (Please refer to the Environmental Features Map Exhibit.) Steep Slopes Tax Map Parcels 86-A-14 and 86-A-15 are both gently rolling sites with slopes ranging from 2 to 7 percent. The greatest topographic relict 1S within the northern portion O1 Lax map parcel 86-A-14, which will be required to be set aside as a butler and Screening area for the benefit ol' the Frecton Townhouse Subdivision. There are no areas of sleep slope as defined; therefore, there are no impacts to this environmental featLF1'e. (Please refer LO the Environmental FeatLlreS Map Exhibit.) Woodlands Tax Map Parcels 86-A-14 and 86-A-15 contain areas of matUrC VCgClat1011 tlII'OLIghOUt the northern and central portions of the site. The development Of both properties for commercial land Use and for the collStRIC6011 Of the internal access drive will necessitate the clearing Of all i11atLII'C vegetation on both properties. However, commercial parcels will be required to Comply with the landscaping regLlll'Cl11CnlS OI the Zoning Ordinance, which will mitigate this impact. The Owner will attempt to LltlliZC matUl'C vegetation along the rear property line of tax map parcel 86-A-14 1'Or required buffer and screening for the benefit of the Freeton Townhouse subdivision. (Please refer to the Aerial Overview Exhibit). Soil Types The Soil Survey of Frederick County, published by the USDA Soil Conservation Service was COIiSLIILCd to CletCl'1111nC SOIL types contained in Tax Map Parcels 86-A-14 and 86-A- 15. The Subject properties contain the following Soil types: 1 C — Berks Channery Silt Loams: 7-15% slope 3B — Blairton Silt Loams: 2-7% slope 44B — Zoar Silt Loams: 2-7% slope The Blairton Silt Loam and Zoar Silt Loam soil types are is classil'ied as prime farmland soil. The primary soil types on Tax Map Parcels 86-A-14 and 86-A-15 are identified as moderate to severe due to wetness and shrink -swell for Small commercial bUildingS; File #5510/1iAw 4 0 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 therefore, geotechnical analysis will be needed to determine it existing soils are appropriate for construction or if select materials will be needed. However, it is noted that the Soil characteristics 1dentiried above are similar to the soil types Follnd Oil roadways and developed commercial properties along this portion of the Fairfax Pike corridor. (Please refer to the Soils Map Exhibit.) Other Environmental Features Tax Map Parcels 86-A-14 and 86-A-15 do not contain areas of lakes, ponds or natural storm water retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental featUl'CS present that create development constraints For the proposed commercial land uses on these properties. (Please refer to the Aerial Overview Exhibit and the Environmental Features Map Exhibit.) SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned B 1, Neighborhood Business District Use: Apartment Zoned RP, Residential Performance District Use: TOwnhomes South: Zoned 132, Business General District Use: Commercial East: Zoned: B1, Neighborhood Business District Use: Commercial West: Zoned: B 1, Neighborhood Business District Use: VDOT Yard Zoned: B2, Business General District Use: Residential (Please refer to the Location and Zoning Map Exhibit) TRANSPORTATION Tax Map Parcels 86-A-14 and 86-A-15 have approximately 365± feel of' frontage along the north side of Fairfax Pike (Route 277), and tax map parcel 86-A-15 has approximately 360± feet of' frontage along the cast side of' VDOT Lane (Route 1018). Fairfax Pike is classified as a minor arterial road, while VDOT Lane is classified as a local street. The Virginia Department of Transportation Six Year Improvement Plan (SYIP) identifies funding for the widening of Fairfax Pike during FY14-18. VDOT and County officials have met to discuss an appropriate typical section for Fairfax Pike. VDOT representatives have provided a preliminary geometric road section for the portion of Fairfax Pike located along the subject property frontage. The typical section proposed along the frontage of the subject properties 1nCILKICS C011UIlllollS pavement to provide for File 115510/FAw 5 0 0 Greenway Iinginecring January 25. 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 two eastbol111d tl',1VC1 1,111CS, two wCStbOl111d tl'aVCI lanes, a shared CClltCl' tl11'11 lane, CIII'b and gutter, and sidewalks. Additionally, this information depicts the VDOT Lane intersection shifting to the west to align with the western -most commercial entrance that serves the Food Lion Plaza commercial development. Fairfax Pike is classified as a minor arterial road and the speed limit is between 35-45 mph. Therefore, the VDOT illinin111111 spacing standards of 470 feet for full access commercial entrances cannot be achieved for the subject properties duC to distance .constraints (tax parcel 86-A-14 has approximately 175± feet of frontage and tax parcel 86-A-15 has approximately 190± feet of frontage). Greenway Engineering has met with the Collnty's Director of Transportation Planning and VDOT representatives to discuss this and other access management matters, as well as traffic analysis information associated with commercial developmCllt On the Subject properties. These discussions SllppOrt the pl'OV1S10i1 Of a shared right-I11/I'Ight-011t COI11111C1'Clal entrance on Fairfax Pike, a fulI access Commercial entrance serving tax parcel 86-A-14 and tax parcel 86-A-15, and a 50' ingress/egress easement across tax parcel 86-A-15 that provides inter -parcel connectivity to tax parcel 85-A-14. The property owner has prepared a Generalized DevelopIllent Plan (GDP) that is incorporated as part of the proffer statement for the Subject properties. The GDP depicts the general location of commercial access along VDOT Lane, the general location of the inter -parcel connectivity, the general location of the shared right-illhight-out commercial access on Fairfax Pike, and the general location of the proposed Fairfax Pike right-of-way dedication area. Greenway Engineering met with the Frederick County Transportation Planner to diSCIISS the proposed rezoning application and it was determined that a Traffic Impact Analysis (TIA) study would not be required fOr this process. VDOT has analyzed the Fairfax Pike corridor and determined the appropriate lane geometry, which has been funded for prelims Lary engineering design, fight -Of -way acgUlSlt1011, and construction. Additionally, the proposed rezoning request is for a change in commercial zoning from the 13-1 District to the B-2 District, which is projected to create a modest increase in peak hour traffic volumes. Greenway Engineering has prepared information from the Frederick County GIS database that provides Floor -to -Area (FAR) calculations for properties that are zoned 13-1 District and B-2 District within the immediate area of the subject properties. (Please refer to the Fairfax Pike & Adjoining Roads 131 & 132 District FAR Data Map and Table Exhibit.) Analysis of this information suggests that the 13-1 District property would yield approximately a 0.12 FAR, while the B-2 District property would yield approximately a 0.20 FAR. Therefore, the change in zoning would result in an increase of approximately 12,500 square meet of development on the 3.61± acre Subject propertieS. It is anticipated that a freestanding discount store will be initially developed as a result of this rezoning application. The ITE Manual, 7°i Edition, provides traffic projections for this type of land use. The ITE Manual projects that the additional development potential would increase peak flour volumes by 68 VPD during the weekdays, by 96 VPD on Saturdays, and by 92 VPD on Sundays. Therefore, it Is not anticipated that the change ill zoning from the B-I Pile #55 VVEAw 6 Greenway Fnginccring January 25, 2013 Fairfax Pike/VUOT Lane Rezoning Revised April 11, 2013 District t0 the 13-2 District Will have a negative impact On the corridor improvements that are planned by VDOT. SEWAGE CONVEYANCE AND TREATMENT The subject properties are located within the Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) provides public sewer service to this geographic area of the c0n1111unity, Which provides treatment at the Parkins Mill Wastewater Treatment Facility. The existing site conditions include a sanitary sewer easement, which contains all 8-inch gravity sewer line and an 8-inch sewer force illain. The site infrastructure directs effluent from the 8-inch sewer line to the Stephens Run Lagoon pump station, which connects to a 15-inch sewer transmission line t0 the Parkins Mill Wastewater Treatment Facility. FCSA has developed a SeWcl' Usage calculation for planning purposes, Which provides for residential, commercial, and industrial land Uses. A conceptual land plan has not been prepared for the subject properties; therefore, the Collnty's rezoning application package suggests that the 3.61± acres has a maxiML1111 potential yield of 21,361 square feet of retail development per acre, resulting in a maximum of 77,113 square feet (0.49 FAR). Therefore, the FCSA calculations for projected sewer demands For the max111111111 (level opmen t potential retail development are as follows: Q = 7.5 gpd/1,000 Square beet Q = 77,113 square feet/ 1,000 square feet = 77.11 Q = 77.11 x 75 gpd = 5,783 gpd A conservative sewer demand projection for file subject properties is estimated to direct 5,783 gallons per day to the public sewage conveyance system and treatment demand at the Parkins Mill Wastewater Treatment Facility. The design capacity of' the Parkins Mill Wastewater Treatment Facility is 5.0 million gallons per clay (MGD), with current usage averaging 1.97 MGD. Therefore, the projected land use development Will produce 5,783 gpd Of efflUellt for treatment, utilizing approximately 0.002% Of the available capacity at this facility. This information demonstrates that the SUbject property can be developed With adequate sewer service With available capacity for ti'eatillent. (Please refer t0 the SWSA Map Exhibit.) WATER SUPPLY The subject properties are located within the Sewer and Water Service Area (SWSA). The Frederick County Sanitation Authority (FCSA) has developed water infrastructure Within the proximity Of the subiect properties, which provides potable water to the commercial and residential land Uses located to the 1101'th, south, and cast of the proposed development. An 8-inch water line exists On the south side of Fairfax Pike (Route 277) File #5510/IiAW 7 • 0 (ireenway linginccring January 25, 2013 Fairfax Pike/VUOT Lane Rezoning Reviscd April 11, 2013 across from the subject properties, and a water line crossing is in place that serves the commercially zoned properties along VDOT Lane. A connection will be made to the fl- inch water line to provide service to the subject properties to ensure that adequate water flow and preSSUre are available for development. Land uses in this area of the County receive potable water from the James H. Diehl Water Filtration Plant located by the Stephens City quarries. The James 1-I. Diehl Water Filtration Plant provicles an average of 3.4 Million Gallons per clay (MGD), and can provicle Up to 4 MPG of potable water based on available pumping capacity. FCSA has developed a watei' Usage calculation for planning purposes, which provides for residential, commercial, and illdustrial land uses. A conceptual land plan has not been prepared 101- the subject properties; therefore, the County's rezoning application package Suggests that the 3.61± acres has a maxlll111111 potential yield of 21,361 square feet of retail development per acre, resulting in a maxl111L1111 of 77,1 13 square Feet (0.49 FAIZ). Therefore, the FCSA CalCLllatiOnS for projected water clemandS for the maxIn1Ut11 development potential retail development are as I011ows: Q = 7.5 gpd/1,000 square feet Q = 77,113 square feet/ 1,000 scluare feet = 77.11 Q = 77.11 x 75 gpd = 5,783 gpd A conservative water clemand projection for the Subject properties is estimated to require 5,783 gallons per day of potable water from the FCSA water transmission system. Greenway Engineering obtained fire hydrant test data From FCSA at the Food Lion Plaza commercial project, which demonstrates water flow it 1,187 gpm and a residual pressure of 50 psi; therefore, there is adequate water flow and pressure for development purposes. Future Site plans for the Subject properties will demonstrate appropriate water pressure based on their project demands; however, the inlormatlon in this Section demonstrates that the subject property can be developed with adequate water service with available capacity. (Please refer to the SWSA Map Exhibit.) SITE DRAINAGE Tax Map Parcels 86-A-14 and 86-A-15 are both gently rolling sites with slopes ranging from 2 to 7 percent. The sites generally drain northeast to Southwest towards VDOT Lane where stormwater is directed to a drainage area located north of' the Ornclorfl' property to a cesigned storm water management area within the CB Ventures, LLC development. It is envisioned that the Subject properties will be designed to provide storm water management with appropriate capacities and treatment that will be directed to the existing storm water management area. The County Engineer will be Consulted during this process, and plans will be prepared and submitted for review and approval by the County Engineer prior to any new development activity on the subject properties to e11SL11'e that there are no negative impacts to the existing project site and SUITOUnding properties resulting from storm water management activities. (Please refer to the Environmental Features Map Exhibit.) File #5510/IiAW 8 (ireenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 SOLID WASTE DISPOSAL The impact oil solid Waste disposal facilities call be projected froill all average amlLlal cominei'cial consumption Of 5A cubic yards per 1,000 square feet of Structural area (Civil Engineering Reference Manual, 4t11 Edition). The follOWlllg I1gLI1'CS show the increase in the average annual volume based on a conservative development projection of 77,113 square feet (0.49 FAR) of commercial land use for the entire acreage: AVV = 5.4 cu. Yd. Per 1,000 sq. ft. commercial AAV = 5.4 CLl. Yd. x 77.11 AAV = 416.4 cu. Yd. at build out, or 291.5 tons at build Out The Municipal Solid Waste area Of the regional Landfill has a CLII'I'Cllt remaining Capacity of 13,100,000 cubic yards of air Space. Tile potential development of 77,110 square feet of commercial land use will generate approximately 291.5 tons of'solid waste annually on average. This represents a 0.19% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, Which currently average 150,000 tons per year; therefore, this information demonstrates that the Regional Landfill has adegUate Capacity to accommodate the solid Waste impacts associated With this proposal. Solid waste produced by the commercial land uses will be routed to the Regional Landfill by a commercial waste hauler; tllefefore, the COLlilty Will receive tipping lees associated with this land use to mitigate this impact. HISTORICAL SITES AND STRUCTURES Tile SUbject properties do not contain Stl'LiCtUl-CS (ICC111Cd to be historically significant, nor are there potentially significant structures adjacent to the Subject property. Additionally, the subject properties are not located within defined battlefield areas or potential historic districts as demonstrated in the National Park Service Study Of Civil War Sites in the Shenandoah Valley and the Frederick County C011lpfehenSive Policy Plan. Therefore, the developmeit of the commercial laird uses On the subject propefticS Will not negatively impact historic resources Or ViewshedS. (Please refer to the I-listoric Features Map Exhibit.) CONCLUSIONS The rezoning of the 3.61± acre subject properties owned by Bowman-Shoenlakel' Companies, Inc., and Elizabeth Properties, LC, is not anticipated to negatively impact public services and Will provide economic development revenue that will benefit the COLulty. The Subject properties are currently zones( 13-1 District; therefore, rezoning the Subject properties to the B-2 District will provide the Opportunity to create commercial File 115510/1:AW 9 Greenway Engincering January 25, 2013 Fairfax I'ike/VUOT Lane Rezoning Revised April 11, 2013 land use that is compatible with other land uses along the Fairfax Pike (Route 277) corridor. The Applicant has agreed to dedicate right-ol-way that is Sufficient in width to accommodate the IUtIII'e Wi(lCIIillg of Fairfax Pike, and has prepared a proffered access management plan that Is Consistent with improvements diSCUSSC(I With VDOT and the County's Dircctor of Transportation Planning. Additionally, the Owner has ollered to provide a monetary contribution to Frederick County for general fire and rescue services to further mitigate impacts associated with this project. Therefore, this rezoning proposal will provide for positive economic and transportation benefits to Frederick County Without impacting capital facilities or services provided by the County. Pile #5510/I:AN 10 Greenway Engineering January 25, 2013 Fairfax PikeNDOT lane Rezoning Revised April 11. 2013 Revised May 17, 2013 FAIRFAX PIKENDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B 1) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: May 17, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.61 t-acres of Neighborhood Business (B 1) District to 3.61 t-acres of Business General (132) District with proffers; development of the subject properties ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File N551WFAW Greenway Engineering January 25, 2013 Fairfax l'IkeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan I ) The Owner hereby proffers to develop tile PI'Operty 111 substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-ill/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freetoll Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that It Is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress casement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. File I15510/I:Aw 2 (ireenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner Will ensure that the full access commercial entrance is located a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress easement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be Utilized as part of the local share match for qualifying off -site transportation improvements associated with an approved Revenue Sharing project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File #551(YEAw 3 Greenway Engineering Signature January 25, 2013 Fairfax PiKeNDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: IL6-4-0 Boy man -Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/ ounty of Ft-C(Je-V1C-L To Wit: The foregoing instrument was acknowledged before me this -[ iclay of Jync— 20 i 3 by eueY, S Notary Public My Commission Expires Fe o, 2-q 20 i c, File #5510/EAW 4 Greenway Engineering Sij4iiature January 25, 2013 Fairfax Pike/VDO'r Lane Rezoning Revised April I I, 2013 Revisal May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: r B y:a"'Im"�-zet) Eliz beth Properties, L.C. Commonwealth of Virginia, City ounty f Fy-e-de-V l L To Wit: The foregoing instrument was acknowledged before me this mil' day of 20 by )f-\J(Y if U a - S hoc cN10,ke'- "anacje.V1 My Commission Expires -F2 U • yq, 201 � lOIV;�•, �. t : v OF � --1-/3 Date Notary Public File #5510/GAw Greenway Engineering hammy 25, 2013 Fairlax like/VDOT Line Rezoning Revised April 11, 2013 Revised May 17, 2013 FAIRFAX PIKE/VDOT LAND COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B 1) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: Apr-il 1-1, 24�3 May 17, 2013 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 3.61±-acres of Neighborhood Business (B 1) District to 3.61±-acres of Business General (132) District with proffers; development of the subject properties ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File #5510/EA\\' Grcenway Engineering January 25, 2013 Fairfax PikeJVDOT Lame Rezoning Revised April 11, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan I ) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' fill] screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depleted oil the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the fi•ontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. Tile Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress casement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. rilc #5510;EAW 2 Greemvay Engineering January 25, 2013 Fairlhx Pike/VDOT lane Rezoning Revised April I I, 2013 Revised iNlay 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner - will ensure that the full access commercial entrance is located a minimum of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress casement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress casement serving the Property. C. Monetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick Comity to be utilized as part of the local share match for qualifying off -site transportation improvements associated with the n ^hiss^ • ce—Drive—Phase2 an approved Revenue Sharing project. The —O per--agrees—te allow the $35,00"0—te—be pf-E)jee-t. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount for each structure prior to the issuance of the Certificate of Occupancy Permit for each structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File H5510/EA\V 3 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT lane Rezoning Revised April 11, 2013 Ro,ised Nlay 17, 2013 Signature The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Bowman -Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File 115510/EA\V 4 Greenway Engineering Sll4nature January 25, 2013 PairRax r'ikewnoT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Elizabeth Properties, L.C. Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this clay of 20 by My Commission Expires Date Notary Public File 1I5510/EAW 5 Greenway Engineering himm , 25, 2013 Pairkax PikdVDO'l' Line Rezoning Revised April 11, 2013 Revised May 17, 2013 FAIRFAX PIKEAIDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# Neighborhood Business (B 1) District to Business Gcneral (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bo\wnian-Shoemaker Companies, file., & Elizabeth Properties, L.C. (here -in after the "Owner") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: Apt-il '��=�-1 243 May 17, 2013 Preliminary Matters Pill"SUant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 11 for the rezoning of 3.61±-acres of Neighborhood Business (B 1) District to 3.61 f-acres of Business General (132) District with proffers; development of the subject properties (111roperty") shall be done In collf rmity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be Subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors In accorclance 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 bincling upon the Owner and any successors, or assigns of the Owner. The Property, identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax Map Parcel 86-A-14, fin-ther as shown on the plat titled Plat Showing Property of James L. Bowman, by J.R. Nicely dated April 27, 1972, and the land owned by Elizabeth File 10510/EAw Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April I I, 2013 Revised May 17, 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled Plat of the Division of the Land of Pine Investment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975. FAIRFAX PIKE/VDOT LANE COMMERCIAL PROPERTIES PROFFER STATEMENT A. Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entrance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a right-in/right-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-out commercial entrance shall be designed, approved, and constructed with the first Site Plan for the Property. The Owner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. File #5510/EAW 2 Greenway Engineering January 25, 2013 Pairkax I'IkeNDOT lane Rezoning Revised April 11, 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner will ellSure that the lull access commercial entrance is located a 1111111111L1111 Of 225' from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby profilers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The Owner will ensure that a reciprocal ingress/egress casement and maintenance agreement is established for the 50' ingress/egress casement serving the Property. C. I\Ionetary Contributions 1) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of' the local share match for qualifying off -site transportation improvements associated with the —z enaissane Drive Phase 2 an approved Revenue Sharing project. •eej to allow the5,089 80 to be prejeet. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request IOr this monetary contributi011. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contriblitioll amount for each structure prior to the issuance of the Certificate Of Occupancy Permit for each Structure developed on the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File 0510/EAW 3 Greenway Engineering January 25, 2013 Fairfax Pike/VDOT Lane Rezoning Revised April 11, 2013 Revised May 17, 2013 Sil4nature The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Bowman -Shoemaker Companies, Inc. Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File 45510/EAW �} Greenway Gigineering Siu,nature January 25, 2013 Pairlhx Pike/VDOT lane Rezoning Revised April 11, 2013 Revised \gay 17, 2013 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Elizabeth Properties, L.C. Conunonwcalth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Date To Wit: day of Notary Public File t15510-EAW S Untitled Page 9 https://taxes.Co. fre ick.va.us/Applications/tr_paytaxes/YearlyTaxesP... I'redcrick I ]cone Frederick County Virginia Ltl-T.4%rtlF 7O' Pay/Lookup Taxes Note: Use the print key 1'01- your browser to print a copy of the screen at any time. Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email COUNTY OF FREDERICK Real Estate Taxes Paid for Tax Year 2012 Map Number: 86 A 14 Name: BOWMAN -SHOEMAKER Dept# Ticket# Seq# Account# Bill Date Description IZE2012 3850 1 25488 5/9/2012 1.65 ACRE RE2012 3850 2 25488 5/9/2012 1.6.5 ACRE Tax AMount Paid Due $1,807.9.5 $1,807.94 %fiis ar�otirrtrepreaeirts payrrrer��.� app/i0d durir'g ca/end8rye91-2092.7nd do059 clot` ir7c/ude Pena/fy, /merest` or 01edW Ward Fees Retum to Search Printer Friendly Page Total Paid: $3,615.89 1 of 1 4/ 19/2013 10:02 AM Untitled Page • https://(axes.co.l*rc rick.Va.us/Applications/u-_paytaxes/YearlyTaxesP... Frederick 1-lonv Frederick County Virginia Lrt�.rrmr 70� Pay/Lookup Taxes I Note: Use the print key for your browser to print a copy o1' the screen at any time. Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email COUNTY OF FREDERICK Real Estate Taxes Paid for Tax Year 2012 Map Number: 86 A 15 Name: ELIZABETH PROPERTIES LC Dept# Ticket# Seq# Accouiit# Bill Date Description Tax AMourit Paid Due IZE2012 11134 1 25489 5/9/2012 1.96 ACRES $1,986.08 RE2012 11134 2 25489 5/9/2012 1.96 ACRES $1,986.07 7171S 91n0u171repre9017,(S payrn-91715 app/ied diirir77q 0a/e17da1yea)2072,917d dOOS 1701117011lde Fe1781,11, 117te1-091 or O'redW Retum to Search Printer Friendly Page Total Paid: $3,972.15 I of 1 4/ 19/2013 10:00 AM BMB:fmcI 12/16/86 41 Ba om No W N 41a o. a.., KoIf v •r, -4 N ICI •a x ,1 >.43 m 41 V) Na 0 U n a•.+ o O,•d41 U w o to AW0 F N i-) 499 #7801 � JAMES L. BOWMAN ET. UX. TO DEED JASBO, INC. BK63ItPG499 THIS DEED made and dated this 16th day of December, 1986, by and between JAMES L. BOWMAN and MARY JANE BOWMAN, his wife, By JAMES L. BOWMAN, her attorney in fact under Power of Attorney dated March 25, 1983 , hereinafter called the Grantors, and JASBO, Inc., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETHt That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all those certain tracts or parcels of land, lying mostly in Frederick County, Virginia, and partially in Clarke County, Virginia, described as follows: PARCEL ONE: All those certain lots lying and being situate in Opequon Magisterial District, Frederick County, Virginia, being designated lots 1 through 137, inclusive, of Nottoway Subdivision, Section Two, as the same appears on the plat of said subdivision of record in the Office of the Clark of the Circuit Court of Frederick County, Virginia in Deed Book 632, at Page 510, and being a portion of the same land conveyed to James L. Bowman by deeds dated December 5, 1949 from Joseph A. Massie, Jr., at al, Special Commissioners, of record in the aforesaid Clerk's Office in Deed Book 213 at Page 73 and by deed dated March 8, 1972, from Robert K. Woltz,et ux, of record in the aforesaid Clerk's Office in Deed Book 387 at Page 497. PARCEL TWO: All that certain tract of land, located Northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 93 acres, more or less, and being a portion of the same land conveyed to James L. Bowman by deed dated March 21, 1968, from Edward Nicholson, at ux, of record in the aforesaid Clerk's Office in Deed Book 340 at Page 205. 500 PARCEL THREEt All that �g 1—�5at HroU parcel of land, lying an 11 tit the North side of Senseny Road, Shawnee Magisterial District, Frederick County, Virginia, containing 7.312 acres, more or less, and being the same property conveyed to James L..Bowman by deed dated June 29, 1992, from Fredericktowne Company, of record in the aforesaid Clerk's Office in Deed Book 550 at Page 799. PARCEL FOUR: All that certain tract of land lying and being situate in Opequon Magisterial District, just west of U. S. Highway No. 522, containing 139.9 acres, more or less, and being a portion of the same land conveyed to James L. Bowman from David S. Whitacre, at al, Special Commis- sioners, by deed dated March 25, 1983, of record in the aforesaid Clerk's Office in Deed Book 557 at Page 712. PARCEL FIVE: All that certain tract or parcel of land lying and being situate in the Town of Stephens City, Opequon Magis- terial District, Frederick County, Virginia, designated as Lot No. 45 on the plan of the Town of Stephens City and more par- ticularly described as fronting on the East side of Main Street for a distance of 82.5 feet, more or less, and extending back in an easternly direction for a distance of 250 feet, more or less, with an even width, and having a width in the rear of 82.5 feet on Mulberry Street, and being the same land conveyed to James L. Bowman by deed dated March 16, 1984, from the Commercial and Savings Bank, of record in the aforesaid Clerk's Office in Deed Book 572 at Page 881. PARCEL SIX: All those certain parcels of land lying and being situate in the Town of Stephens City, Opequon Magisterial District, Frederick County, Virginia, and further described in the hereinafter mentioned deed as followst " Parcel Bt That certain other parcel of land mprove'd by two-story storeroom building, and other buildings, located on a lot 48 feet x 125 feet, and located on the West side of Main Street, in Stephens City, Virginia, and being a part of the original Bucher property. Parcel Ft That certain other lot of land oca ed on the East side of Green Street, in Stephens City, Virginia, which lot fronts 70 feet on Green Street, and extends East for a depth of 90 feet, and being also a part of the original Robertson property."i and being a portion of the same property con- veyed to James L. Bowman by deed dated May 11, 1981, from John E. Lemley, divorced, at al, of record in the aforesaid Clerk's Office in Deed Book 536 at Page 371. -2- r 501 �66�(,rs501 PARCEL SEVEN: BA�l'of that parcel of land located on the North side of State High- way No. 277, about one-half (1/2) mile East of Stephens City, in Opequon Magis- terial District, Frederick County, Vir- ginia, containing 1.553 acres, more or lessi and being the same property conveyed to James L. Bowman by deed dated May 13, 1977, from Simone J. Gates, et vir, of record in the aforesaid Clerk's Office in Deed Book 473 at Page 575. PARCEL EIGHT: An undivided one-half interest in that certain tract of land on the South side of Virginia Secondary Highway No. 277, approximately four (4) miles East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 143 acres, more or less, bounded by Apperson on the West, Rust on the South, Sandy on the East and the lots known as the "Clark Survey" on the North, now owned by Emma Beryl Walker, Bertie Clark, Gladys Cornwell and Ruby Madigan, and being the same property a one-half interest in which was conveyed to James L. Bowman by deed dated October 30, 1973, from William A. Johnston, et al, Trustees, of record in the aforesaid Clerk's Office in Deed Book 421 at Page 606. PARCEL NINE: All of that certain lot or parcel of land, lying and being situate in the Town of Stephens City, Virginia, on the Northwest corner of Main Street and Martin Street, and more particularly described by plat and survey of J. R. Nicely, C.L.S., dated March 9, 19721 and being the same land conveyed to James L. Bowman by (Iced dated December 19, 1984, of record in the aforesaid Clerk's Office in Deed Book 587 at Pago 19. PARCEL TEN: All those two certain lots of land in Back Creek Magisterial District, more particularly designated as Lot 6, Block it, Section 5, and Lot 8, Block H, Section 5, Wilde Acres Subdivision, as the same is duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250 at Page 127, and the Plat of which is recorded at Page 10, in Wilde Acres Plat Book No. It and being the same property con- veyed to James L. Bowman by deed dated May 1, 1982, from Ruby T. Smith, widow, of record in the aforesaid Clerk's Office in Deed Book 547 at Page 265. -3- 502 H631,Pc502 PARCEL LLEVENi An Undivided ono -half interest in that certain tract of land lying and being situate mostly in Opequon Magisterial District, Frederick County, Virginia, and partially in Greenway Magisterial District, Clarke County, Virginia, fronting on the West side of Route 522 South of Double Toll Gate and North of Ninevah, known as "Wheatland", bounded on the North by the Will Chamblin Estate property, Raymond Sandy, Donald Patton and Milton Apperson, on the West by Clarence Campbell and others and on the South by Norman Tolkan and others, and containing 817 acres, more or leas, and being a portion of the same property a one-half undivided interest in which was conveyed to James L. Bowman by deeds dated September 3, 1971 from Frances C. Jett, widow, et al, of record in the aforesaid Clerk's Office in Deed Book 392 at Page 231 and by deed dated November 30, 1971 from Helen C. Rust, at vir, of record in the aforesaid Clerk's Office in Deed Book 385 at Page 302. PARCEL TWELVE: All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 10,704 square feet, designated Parcel B on plat drawn by H. Bruce Edens dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 633 at Page 110; and being the remaining portion of land conveyed to James L. Bowman by deed dated November 1, 1982, from Robert F. Braithwaite, at ux, of record in the aforesaid Clerk's Office in Deed Book 553 at Page 717. PARCEL THIRTEEN: A one-half undivided interest in all those certain tracts or parcels of land, lying and being situate in the Town of Stephens City, Opequon and Back Creek Magisterial Districts, Frederick County, Virginia, together with the rights, rights of way and appurtenances thereunto belonging containing 252.413 acres in the aggregate and being the remainder of the tracts of land conveyed to James L. Bowman and Shen --Valley Limo Corporation by deed dated September 30, 1983, from The Flintkote Company, a Delaware Corporation, of record in the aforesaid Clerk's Office in Deed Book 566 at Page 517. -4- I i 003 mi H634rr,503 This conveyance is made subject to all rights of way And restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the right to convey to the Granteel that the Grantee shall have quiet and peaceable possession of the said property, free from All liens and encumbrancest and they will grant such further assurances of title as may be requisite. This Deed is exempt from taxation pursuant to Section 58.1-ell(6), Code of Virginia, the Grantor being the sole stockholder of the Grantee Corporation, and this con- veyance is made in the organization of JASSO, Inc, and qualifies for non -recognition of gain pursuant to Section 351 of the internal Revenue Code of 1954. WITNESS the following signatures and sealsi (SEAL) JAM�� Iy. 80WMAfj� /)VT cry,ccA_ ` , (SEAL) RY UANE BOWMAN, by JAMES L. BOWMAN, her attorney in fact STATE OF VIRGINIA, City OF Winchester , TO -WIT: I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JAMES L. BOWMAN, individually and as attorney in fact for MARY JANE BOWMAN, his wife, whose signatures are signed to the foregoing Deed dated December 16, 1986, has personally appeared before me and acknowledged the same in my state and jurisdiction aforesaid. Given under my hand this 18 day of December 19 86 . 'C My Commission expires August 4, 1989 r' mm- 1�5'ai•••Cf• i ��tl h. W�(w taH1N7+. Sra t [ 1 fral•1•.•.1 10 m•, o-i or �Y"--'4,y of / • , %'I '0�r`,'ti.?� i%1..,. uA vMh t* flfiCula or rr.YroMcdprtfnnt lherNo 6,.Od W, &dno4e 9 0 cu- v e---. r........... ..rill YN! C, � (o Vg , I Oc Q 1;;r4 --'- el 0 c V, 00 u f) ov o N ao 'n 4J Michael L. Bryan 9 Court Square 2" Floor Winchester, VA I, O 070002101. THIS DEED, made and dated this S 46 day of { V , 2007, by and between (tile Grantor"); and ELIZABETH PROPERTIES, L,C., a Virginia limited liability company "Grantee"). NOW, THEREFORE WITNESSETH: That for and in consideration of the and the sum of Tcn Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, at the intersection of VDOT Lane and Fairfax Pike (State Route 277), containing 1.958 acres, more or less, designated as Parcel "B" on that certain plat titled "Plat Showing Property of James L. Bowman" dated April 27, 1972, drawn by J. R. Knicely, C.L.S., which plat is attached to and made a part of that certain Deed dated August 31, 1982, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553, at Page 108; and being a portion of the lands conveyed to James L. Bowman and Mary Jane Bowman (a/k/a Jane Huff Bowman), his wife, with common law right of survivorship, by that certain Deed dated August 22, 1958 from Evelyn Lemley, which Deed is of record in the aforesaid Clerk's Office in Deed Book 254, at Page 49. Subsequent thereto, Mary Jane Bowman died on November 17, 1991, thereby vesting fee simple title in her surviving husband, James L. Bowman. James L. Bowman died testate on December 21, 2001, and by the terms of his Last Will and Testament dated March 7, 1997, of record in the aforesaid Clerk's Office as Will File 11020000002, devised the aforesaid real estate to the James L. Bowman Trust. Beverley B. Shoemaker is the Trustee of The James L. Bowman Trust. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 86-A-15 This conveyance is made subject to all casements, rights of way and restrictions of affecting the subject property provided, however, that the foregoing shall not be in any way to reinstitute or republish any restrictions of record that may have expired orlapsed. ,r.11 WITNESS the following signature and seal: THE JAMES L. BOWMAN TRUST U/A ORIGINALLY DATED MAY 31, 1994, AMENDED AND RESTATED EFFECTIVE MARCH 27, 1997 WITH SUCH AGREEMENT BEING SUBSEQUENTLY AMENDED ON OCTOBER 15, 1999 By: (SEAL) Beverle . Shoemaker, Trustee STATE OF VIRGINIA,II AT LARGE, :ITY/C'6bWRY OF Wto-wit: The foregoing instrument was acknowledged before me on the S WA- day of f e1rv0j!4 , 2007, by Beverley B. Shoemaker, Trustee of The James L. Bowman Trust U/a Originally Dated May 31, 1994, Amended and Restated Effective March 27, 1997 with Such Agreement Being Subsequently Amended on October 15, 1999. My commission expires `7 31 Q NOTARY PUBLIC ITHIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 9 Court Square, 2nd Floor Winchester, Virginia 22601 IA9D.'�mn c.lDtediVbwman Io Jubo VIRGINIA: FREDERICK COUN7Y.SCf. This instrument of writing was produced to me on a S 2 tJ O `1 at -//• J .2 P. and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. M19L Bryan 9 Court S 2'' Flooroor �a ,Clerk Winchester, VA O) I�rK VVVI� I/� r NOJ I I�AV I VRJ • idw�qr. a+000 j �� i.• ram••✓ `J- �o • T �%`E � Tr�n r� 't Pr- r y t, / 9(c kkc ve5 o!! j?,L'TH 0 1092 Ile4f'n' f �LANfl S� PL/q rss�o�iv� f�.riOF�E.Q TY OF Ilp Y C�.w rif'��'o ��+.✓O �-�'v�Prd ►moo �4 .(o77.ix { �✓�.vc.v�.r - t.4, I�.I — 1 COUNTY of FREDER>! CK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1\1EIYI0RANDUIVI TO: Finance Department FROM: Pam Decter, Office Assistant I1 SUBJECT: Return Of Sign Deposit DATE: June 17, 2013 The amount of S25.00 was deposited in line item #3-010-0191 10-0008 for Fairfax Pike/VDOT Lane. They had a deposit for one sign for a Rezoning 402-13. The sign was returned and therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of S25.00 to: RSA/pd Q�- (,.1-7• ID Elizabeth Properties P.O. Box 480 Stephens City, VA 22655 107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK w W - w Department of Planning and Development 540/665-5651 R�1•V/ FAX: 540/665-6395 17JB 1\1E1\10RANDU1\1 TO: Finance Department FROM: Pam Deeter, Office Assistant 11 SUBJECT: Return Of Sign Deposit DATE: .tune 17, 2013 The amount of $25.00 was deposited in line item #3-010-0191 10-0008 for Fairfax Pike/VDOT Lane. They had a deposit for one sign for a Rezoning #02-13. The sign was returned and therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of S25.00 to: Bowman -Shoemaker Company P.O. Box 480 Stephens City, VA 22655 RSA/pd i 107 North Kent Street, Suite 202 0 Winchester, Virginia 22601-5000 w 41 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 /',PR 1 q 201 TRANSMITTAL Y Project Name: Fairfax Pike/VDOT Lane Commercial Properties Rezoning File No: 5510 Date: Fri, Apr 19, 2013 To: FC Planning Attn: Copied Mike Ruddv From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail F./ Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As YOU Requested [Z Please Comment Message Hi Mike, Please find attached all regUired information, fees, owner signed/notarized CIOCLIMents, and 30 color copies of all exhibits for the Fairfax Pike/VDOT Lane Commercial Properties 1Ze%omng. This information is being filed for inclL]SlOil Oil the Planning Commission Agenda for May 15, 2013. Please review this information and advise me if there is anything else that you need at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: 40 (r,'r.Zrnc�f'�plei _ (�'IJa;�1 n�Cr APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rczonings are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. If you have questions or need assistance, please contact the Department of Planning and Development at (540) 665-5651. APPLICATION MATERIALS The following materials must be submitted to the Department of Planning and Development. / •! 1. A completed application form (the form is attached). vl 2. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. /3. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. 4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. 5. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 6. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 4. 7. Proffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 8. 8. Completed agency comment slieets. Comments sheets are attached. It may trot be requh-ed that all coutntent sheets be contlVeted. Check with the Department of Planning and Development to determine which continent sheets are applicable. ,i 9. Fees. There is a fee of $5,000.00 base plus $100.00 per acre for two acres or less; $10,000.00 base plus $100,00 per acre for more than two acres but less than 150 acres; $10,000.00 base plus $100.00 per acres for the first 150 acres plus $50.00 per acre for each acre over 150 acres; and, a $50.00 k <<;Ir o C-t RESOLUTION a PLANNING COMMISSION: May 15, 2013 - Reconunended Approval BOARD OF SUPERVISORS: June 12, 2013 K) APPROVED 0 DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-13 FAIRFAX PIKE/VDOT LANE COMMERCIAL WHEREAS. Rezoning #02-13 Of Fairfax Pike/VDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from B I (Neighborhood Business) District to B2 (General Business) District with proffers dated Januar5, 2013 and final revision May 17, 2013 was consider y 2ed. The properties are located on the north side. of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately'/z mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 15, 2013 and forwarded a recommendation of approval; and WHEREAS.. the Board of Supervisors held a public hearing on this rezoning on June 12, 2013; and WHEREAS, the Frederick County Board of Supervisors finds the approval ofthis rezoning to he in the best interest of the public health, safety, welfare, and in con onriance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors to rezone 3.61 acres from BI (Nieighborhood Business) District to B2 (General Business) District with proffers subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes# l 4-1.3 9 0 This ordinance shall be in effect on the date of adoption. Passed this 12th day of June 12, 2013 by the following recorded vote: Richard C. Shicklc, Chairman Robert A. Hess Christopher E. Collins Opequon Magisterial District Vacant PDRes# 14-13 Gary A. Lofton Gene E. Fisher Charles S. DeHaven, Jr. A COPY ATTEST John R. lj i. ey" fir. Fred&r--i&k County Administrator VIRGINIA- FREDERICK COUNTY.SCT. This instrument of writing was produced to me oi. 60 - I q- 13 at I and with certificate ackj-j--,),k was admitted to record. by Sec. 56'. 1-802 of $--!�L- and 58.1-801 nave been paid, if Clert Grecmti'a)' cneine rine • January 25. 2013 irrax Pike/VDOT Lane Rczoninu Revised April 11. 2013 Revised May 17. 2013 FAIRFAX PIKEAVDOT LANE CONIKERCIAL PROPERTIES PROFFER STATEMENT REZONING: RZ# G-), - 13 Neighborhood Business (B 1) District to Business General (132) District with Proffers PROPERTY: 3.61-acres +/-; Tax Parcels 86-A-14 & 86-A-15 RECORD OWNER: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. APPLICANT: Bowman -Shoemaker Companies, Inc., & Elizabeth Properties, L.C. (here -in after the "Owner-") PROJECT NAME: Fairfax Pike/VDOT Lane Commercial ORIGINAL DATE OF PROFFERS: January 25, 2013 REVISION DATE: May 17, 2013 Preliminary iVlatters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0;� -/; for the rezoning of 3.61±-acres of Neighborhood Business (B 1) District to 3.61±-acres of Business General (132) District with proffers; development of the subject properties ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be dee.ined withdrawn and have no effect \whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property. identified as Fairfax Pike/VDOT Lane Commercial, and more particularly described as the land owned by Bowman -Shoemaker Companies, Inc., being all of Tax lvlap Parcel 86-A-14, further as shown on the plat titled Plat Showing Property of James L. Bowman. by J.R. l,,ricely dated April 2T 1972: and the land owned by Elizabeth O Ul File=5510/EAW Greenkvay engineering January 25, 2013 0airfax i'i1:eJVDO'r Lane Rezoning Revised April 11. 20) 3 Q Revised May 17. 2013 Properties, L.C., being all of Tax Map Parcel 86-A-15, further as shown on the plat titled r n Plat of the Division of the Land of Pine hlvestment Corp, by J.R. Nicely dated July 28, 1975, revised September 9, 1975, FAIRFAX PIKE/N1DOT LANE COMIWERCIAL PROPERTIES PROFFER STATENIENT A. Generalized Development Plan 1) The Owner hereby proffers to develop the Property in substantial conformance with the Generalized Development Plan (GDP) prepared by Greenway Engineering, dated April 10, 2013, and approved as part of this rezoning application. The GDP is intended to delineate the general location of the Fairfax Pike (Route 277) right-of-way dedication area, the general location of the shared right-in/right-out commercial entrance on Fairfax Pike, the general location of the full access commercial entl-ance along VDOT Lane (Route 1018), the general location of the 50' ingress/egress easement on Tax Map 86-A-15 that is intended to provide inter -parcel connection and access to VDOT Lane for Tax Map 86-A- 14, and the general location of the 50' full screen buffer adjacent to the Freeton Townhouse Subdivision. The final locations of the commercial entrances and the inter -parcel connection can be adjusted to accommodate final engineering design requirements without the need to revise the GDP provided that the final engineering design is consistent with the overall layout depicted on the GDP. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of Tax Map 86-A-14 and Tax Map 86-A-15 that is 20' in width for the future widening of Fairfax Pike. The Owner will delineate the 20' right-of-way dedication area on the Site Development Plans for these properties if development activities occur in advance of the Fairfax Pike widening project. The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested for the Fairfax Pike widening project. 2) The Owner hereby proffers to limit access to the Property along Fairfax Pike to a I"lgllt-lIl/I-lght-out commercial entrance, which meets all applicable VDOT requirements. The right-in/right-Out commercial entrance shall be designed. approved, and constructed \vith the first Site Plan for the Property. The Owner \a-i11 ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the right-in/right-out commercial entrance serving the Property. 1-de gi510/EAW 2 Greenway Engineerine S January 25, 2013 War, 1'il:c/\7DOT Lane Rezonine Revised April 1 ]. 2013 Revised May 17, 2013 3) The Owner hereby proffers to develop one full access commercial entrance along VDOT Lane that will serve Tax Map 86-A-14 and Tax Map 86-A-15. The Owner will ensure that the full access commercial entrance is located a minimum of 225, from the intersection of Fairfax Pike and VDOT Lane to provide for appropriate corner clearance. 4) The Owner hereby proffers to provide a 50' ingress/egress easement across Tax Map 86-A-15 in the general location depicted on the proffered GDP to provide for inter -parcel access and connectivity to VDOT Lane for Tax Map 86-A-14. The O\vner will ensure that a reciprocal ingress/egress easement and maintenance agreement is established for the 50' ingress/egress easement serving the Property. C. -Monetary Contributions l ) The Owner hereby proffers to provide $35,000.00 to Frederick County to be utilized as part of the local share match for qualifying off -site transportation improvements associated with an approved Revenue Sharing project. The Owner shall provide the $35,000.00 to Frederick County at the time that Frederick County provides written request for this monetary contribution. 2) The Owner hereby proffers to provide a monetary contribution of $0.05 per square feet of structural development on the Property for general fire and rescue services. The Owner shall provide the appropriate monetary contribution amount �C_ ��\ for each structure prior to the issuance of the Certificate of Occupancy Permit for ,N k each structure developed on the Property. GS �� 1�A OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES O rT 1 C.J File -5510/EAR\ 3 Norrs� ,�988 -R,' G ' / �1 DATE �! U. / NO. 8 5 RECEIVED FROM 7-V (ANY 1`� L /J�, A DRESSS-��—�Ju-6� f/ (cri l�C(. {� p1+Svl N(s x6 e [— ' O tM' J1 [�1� �.ca- a k-,t r'T7� — hp / (e. �� S� � IS FOR Q11L_rll RC1Z Zi� I�Ld (J(c-4-1 Se WrM n Wou'"_ Iyy- ACCOUNT HOW PAID Gf - A.'.11. Of CASHACCOLINT c AS CK RALANcr (02001 r-m-FOAM. ® BL818 UUl ORDCR lr3ir •iai�a-31i5a�ta+�.�+-�i+io1++ __-_ ir.ridk � +4yt'�_fe. �.._�.,._`"�ai$- t: k.��e. :�;a..os 'slki�f ti _.. VADG LLC 9815 J SAM FURR ROAD SUITE 259 HUNTERSVILLE, NC 28078 )- / Y-/ Date Pdto tile t rOrof 7-7 �AQUESTA A,] ).- BANK GORHn=, HC CM4) 4W- For 1:0531127121: `-lCSIrC C} �{yr� 1000L,60371042 rS 1042 66.1271/531 r;nrm snrrnno�� 9 0 COUNTY of FREDRRICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 29, 2013 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-13 FOR FAIRFAX PIKE/VDOT LANE COMMERCIAL, On behalf of the Frederick County Board Of Supervisors, you are hereby notified Of a public hearing being held on Wednesday, June 12, 2013, at 7:00 p.m. in the Board Room Of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 902-13 of Fairfax Pike/VDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from B1 (Neighborhood Business) District to 132 (General Business) District with proffers. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately''/2 mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opequon Magisterial District. Any interested parties having questions Or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. YOU can also Visit US On the web at: www. co. frederi ck. va. a s. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 t �Es is to certify�at the at�ached coiTespondence vAsinai.led to the follow,-inc, on from the Department ofP1ammg and Development, Frederick County, Virginia: 86 - A- 18- WINCITY REALTY ASSOCIATES -DE LLC 86 - A- - 14- CIO WIN PROPERTIES INC BOWMAN -SHOEMAKER 10 RYE RIDGE PLZ STE 200 COMPANIES INC RYE BROOK NY 10573.2828 PO BOX 480 STEPHENS CITY VA 22655.0480 860 -4- - 5- RIDINGS BRIAN D 208 FREETON CT Greenway Engineering 1 5 1 Windy I-lill Lane Winchester, VA 22602 86 - A- - 15- ELIZABETH PROPERTIES LC PO BOX 480 STEPHENS CITY VA 22655.0480 86 - A- - 14-A CHU'S STEPHENS CITY LLC 5851 SADDLE DOWNS PL CENTREVILLE VA 20120.4916 STEPHENS CITY VA 22655.3111 86D - 4- - 6- CHAMBERS JOSHUA CHAMBERS KATE 206 FREETON CT STEPHENS CITY VA 22655.3111 86D - 4- - 7- SLAUGHTER DONALD G SLAUGHTER VICKY S 1049 LAUREL GROVE RD WINCHESTER VA 22602 86 - A- - 15-A YATES WILLOWS APARTMENTS LLC 111 DEVILS BACKBONE OVERLOOK STEPHENSON VA 22656.1905 86 - A- - 16- ORNDORFF THOMAS D 1015 OLD GRADE RD STRASBURG VA 22657.4452 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGIN"IA COUNTY OF FREDERICK f I, > a Notary Public in and for the State and County aforesaid, hereby certify that 1\/ri ael T. Ruddy, Deputy Planning Director for the Department of Plannin d Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. L1(, da of 61 Given under my hand this y My commission expires on , Z. - BEVERLY H. DELLINGER NOTARY PUBLIC REGISTRATION N 331878 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2015 i NOTARY UBL C UVrI 86D - 4- - 8- ANDERSON JON E 2130 SCARLET OAK CT HARRISONBURG VA 22801-8747 86D - 4- - 9- LARKIN SHANE 119 SEDGWICK AVE APT 313 YONKERS NY 10705-2528 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 2, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 402-13 FOR FAIRFAX PIKE/VDOT LANE COMMERCIAL On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 15, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-13 of Fairfax Pike/VDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from B 1 (Neighborhood Business) District to 132 (General Business) District with proffers. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018), approximately''/2 mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, 7--- Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is o ceriii t e, attached correspondence v'10malle-d to the iollovvulcy on 7 �T % Z/� li om the Depai-isneni of Planning and Development Frederick County, Virg= 86 - A- - 14- BOWMAN-SHOEMAKER COMPANIES INC PO BOX 480 STEPHENS CITY VA Greenway 1 iigineenlig 151 Windy Hill Lane Winchester, VA 22602 86 - A- - 15- ELIZABETH PROPERTIES LC PO BOX 480 STEPHENS CITY VA 86 • A• - 1 d- ORNDORFF THOMAS D 1015 OLD GRADE RD STRASBURG VA 22657.4452 22655.0480 86 • A• 18- WINCITY REALTY ASSOCIATES -DE LLC CIO WIN PROPERTIES INC 10 RYE RIDGE PLZ STE 200 RYE BROOK NY 10573.2828 860 - 4- . 5- RIDINGS BRIAN D 208 FREETON CT 22655.0480 86 -A- - 1- COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON VA 24402.2249 86 - A- - 14-A CHU'S STEPHENS CITY LLC 5851 SADDLE DOWNS PL CENTREVILLE VA 20120.4916 86 . A• . 15-A YATES WILLOWS APARTMENTS LLC 111 DEVILS BACKBONE OVERLOOK STEPHENSON VA 22656.1905 5 !'A 1 Li• Uky11(u MLlk COUNTY OF 1{REDEMCK STEPHENS CITY VA 22655.3111 861) - 4- - 6- CHAMBERS JOSHUA CHAMBERS KATE 206 FREETON CT STEPHENS CITY VA 22655.3111 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do ereby certify, that Mi hael T. Ruddy, Deputy Planning Director for the Department of Planning an Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State d Co ty aforesaid. Given under my hand this day of My commission expires on NOTARY P LIC S3H1dX3 NOISSINN00 AN VINIDUTA 30 H11V3MN0NN00 8L8LE£ k N01iVd1S1EJ3d onend A»V10N »39NI1134 'H Ald3A38 86D - 4- - 7- SLAUGHTER DONALD G SLAUGHTER VICKY S 1049 LAUREL GROVE RD WINCHESTER VA 22602 86D - 4- - 8- ANDERSON JON E 2130 SCARLET OAK CT HARRISONBURG VA 22801-8747 860 -4- - 9- LARKIN SHANE 119 SEDGWICK AVE APT 3B YONKERS NY 10705.2528 16F-z6N / KJ,�,' -44' 6 -- i ,FAIRFAX PIKE/VDOT LANE ERCIAL PROPERTIES �iNs F4—A-i6_,4 0 Tax Map Num4er Owner Mailing Address 86 A 1 COMMONWEALTH OF VIRGINIA PO BOX 2249 86 A 14 BOWMAN -SHOEMAKER - COMPANIES INC PO BOX 480 86 A 14A CHU'S STEPHENS CITY LLC 5851 SADDLE DOWNS PL 86 A 15 ELIZABETH PROPERTIES LC PO BOX 480 86 A 15A YATES WILLOWS APARTMENTS LLC 111 DEVILS BACKBONE OVERLOOK 86 A 16 ORNDORFF THOMAS D 1015 OLD GRADE RD 86 A 18 WINCITY REALTY ASSOCIATES -DE LLC - C/O WIN PROPERTIES INC 10 RYE RIDGE PLZ STE 200 86D 4 5 RIDINGS BRIAN D 208 FREETON CT 86D 4 6 CHAMBERS JOSHUA - CHAMBERS KATE 206 FREETON CT 86D 4 7 SLAUGHTER DONALD G - SLAUGHTER VICKY S 1049 LAUREL GROVE RD 86D 4 8 ANDERSON JON E 2130 SCARLET OAK CT 86D 4 9 LARKIN SHANE 119 SEDGWICK AVE APT 38 86D 4 18A BOWMAN -SHOEMAKER - COMPANIES INC jPO BOX 480 TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by /THANKSI Cit ST. ST, CE ST' ST1 ST, RY STI STi WI HA YO STI Sorted by Tax Map Number 0 0 Document Approval Form ....15.._� APR 1 9 2013 F'' it :,_il,6n COUNTY PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET )'OUR APPROVAL, PLEASE PROVIDE COAIiYIENTSAS TO Ff1HAT )'OU WOULD LIKE 7'0 HAVE COMPLETED. Initials Date & Time Candice Mark Dana Eric Mike Jolul COI\,IN,IENTS: 2— Received by Clerical Staff (Date & Time): 5 5 vL (S:Oflice on Blackbos\Forms\llocument Approval Form — 08/15/12) 0 ! COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 2, 2013 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 902-13 FOR FAIRFAX PIKE/VDOT LANE COMMERCIAL On behalf of the Frederick County Planning Colllnllsslon, you are hereby notified of a public hearing being held on Wednesday, May 15, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 902-13 of Fairfax Pike/VDOT Lane Commercial, submitted by Greenway Engineering, to rezone 3.61 acres from Bl (Neighborhood Business) District to B2 (General Business) District with proffers. The properties are located on the north side of Fairfax Pike (Route 277) adjacent to VDOT Lane (Route 1018). approximately'/ mile east of Interstate 81 Exit 307, and are identified by Property Identification Numbers 86-A-14 and 86-A-15 in the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application Nvill be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Plan -ring and Development located at 107 North Kent Street in Winchester. Virginia. or by calling (540) 665-5651. You can also visit us on the web at: -,N,N�,,A7.co.frederick.va.us. Sincerely. Michael T. Ruddy, AICP Deputy Plaruling Director MTR/bad 107 North Dent Street, Suite 202 - �N'illchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 2u'l') T 86 A I COMMONWEALTH OF VIRGINIA PO BOX 2249 $00.460 ld h1j''en pro - Al US POSTAGE o STAUNTON VA 24402 2249 1) 0 i D F' R I t7I v �N il 1 A D U S - ONAii- , 10 ORWARP 0 t 5 0 0 0 0'4 1 1 0 4 0