HomeMy WebLinkAbout03-12 Graystone Corp. Proffer - Stonewall Proffer Revision - BackfileMike Ruddy
From: Elizabeth Paradis Stern [epstern@svbf.net]
Sent: Tuesday, November 03, 2009 5:45 PM
To: Mike Ruddy
Subject: SVBF letter to PC regarding Graystone
Attachments: SVBF letter to FCPC re Graystone -- final.pdf
I:fk"AT.-.'
I chatted with June this evening about the Graystone proposal and gave her a heads -up about this letter and just
emailed it off to her. I have been trying to get this done in some final fashion all day today so I could call you and it's
been just so hard to get all of the pieces and parts together so quickly. So I apologize for the late notice about this. But
your cover memo to the application was great and a huge help with this—] never would have been able to get this
together in time had I not had that as a resource.
I'll be on my cell tomorrow — 540-327-7097 — although I'll be in a Section 106 training session in Richmond (booked long
ago). But I'll have breaks and would love to have a chat with you, if that's possible? (I also get emails on my PDA so
that's an option, too.)
Denman Zirkle, our new executive director, will be appearing at the public hearing tomorrow. I think you met him at the
VCC Better Models for Development event earlier this year. He is a good guy and is getting up to speed with all of this as
quickly as he can.
Thanks, Mike!
Beth
Elizabeth Paradis Stern -- Director of Policy and Communications
Shenandoah Valley Battlefields Foundation and the Shenandoah Valley Battlefields National Historic District
PO Box 897, New Market, VA 22844 1 540.740.4545 1 epsternO)svbf.net I www.ShenandoahAtWar.org
Working with public and private partners to protect, interpret, and promote the Shenandoah Valley's Civil War story for the region and the nation.
-P(t (A, 5'e-
a-vi VIA
Mike Ruddy
From: june wilmot [wilmot22@verizon.net]
Sent: Wednesday, November 04, 2009 7:21 AM
To: Eric Lawrence; Mike Ruddy
Subject: FW: SVBF letter to PC regarding Graystone
Attachments: SVBF letter to FCPC re Graystone -- final.pdf
Got a call from Beth last evening. So here it is. Mr. Zirkle will be with us tonight.
June
From: Elizabeth Paradis Stern [mailto:epstern@svbf.net]
Sent: Tuesday, November 03, 2009 5:39 PM
To: june.wilmot@verizon.net
Subject: SVBF letter to PC regarding Graystone
Hi June —
What a pleasure it was to chat with you this evening. I will talk with Denman about the notion of getting together for
coffee sometime soon. We are way overdue in doing that!
Attached as promised is the SVBF letter that Denman will have on hand tomorrow evening. Please feel free to let me
know if you have any questions! My cell number is below in case you need it again.
Thanks again!
Beth
Elizabeth Paradis Stern -- Director of Policy and Communications
Shenandoah Valley Battlefields Foundation and the Shenandoah Valley Battlefields National Historic District
PO Box 897, New Market, VA 22844 1 540.740.4545 office 1 540.327.7097 cell I epstern@svbf.net I www.ShenandoahAtWar.org
Working with public and private partners to protect, interpret, and promote the Shenandoah Valley's Civil War story for the region and the nation.
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3 November 2009
Ms. June Wilmot, Chairman
Frederick County Planning Conlnlission
412 Westside Station Drive
Winchester, VA 22601
RC: Rezoning Application #09-09 for Graystone Corporation of Virginia
Dear Nis. Wilmot:
The Shenandoah Valley Battlefields Foundation would like to submit comments regarding
the above rezoning proposal to be considered at your meeting on 4 November 2009.
As a neighboring landowner, the Battlefields Foundation received notice about this rezoning
application on Tuesday, 27 October 27 2009, five business days before the public hearing for
this application, which is quite lengthy and ponders a significant change in the use of the
property, one that is also dramatically different front the surrounding land uses. The
Foundation respectfully urges the Frederick County Planning Commission to table this
proposal to allow further time for review of the application by the Foundation and others in
the conlnnnlity.
The above notwithstanding, in our initial review of the application the Battlefields
Foundation has identified several concerns with its overall purpose as well as with specific
elements of the proposed development.
Shenandoah Valley Battlefields National Historic District
and the Shenandoah Valley Battlefields Foundation
The Shenandoah Valley Battlefields Foundation was established in 2000, pursuant to the
Shenandoah Valley Battlefields National Historic District and Commission Act. The Act,
passed by Congress in 1996, established the eight-C011nty Shenandoah Valley Battlefields
National Historic District in order to preserve ten battlefields in the Shenandoah Valley,
Including Second and Third Winchester.
The Act also set in motion a three-year planning process overseen by a federal commission of
Valley landowners and local, state, and federal government representatives. After more than
90 public meetings throughout the region, the federal commission published the Shenandoah
Valley Battlefields National Historic District Management Plan in 2000, which was approved
by the U.S. Secretary of the Interior; the Commonwealth of Virginia; Clarke, Frederick,
Highland, Page, Rockingham, and Shenandoah counties; and rlunlerous municipalities.
The management plan for the District recommended the creation of the Shenandoah Valley
Battlefields Foundation, a Virginia non -stock corporation, to implement the plan and to
preserve, interpret, and promote Civil War battlefields in the Shenandoah Valley Battlefields
National Historic District.
slice indooll B;lIllefichis I oitnrl:ilion
Pont r_ ;(': c Ln., ?97 PJc�, T.1ot�-=t Vn�ir.ic 2"1F44 {�: ',4V,/.1U,4?r j i Sb8.6N9 ,I' 4
VIS. June Wilmot, Frederick County Planning COMI111SS1011
3 November 2009
Page 2
Si;llificallce Of the Shenandoah Valley's Civil War Battlefields
ill the Shenandoah Valley Battlefields National Historic District and Commission Act, Congress determined
that the Valley's Civil War battlefields and related historic sites "arc collectively Of national significance,"
and that their "preservation and interpretation ... \vill make a vital contribution to the understanding of the
heritage of the United States." Of more than 300 engagements that tool: place in the Shenandoah Valley,
the legislation authorized federal funding for the protection of ten battlefields, incluCing Second andd 'third
Winchester (also known as the Battle of Opequon).
The ten Civil War battlefields in the National Historic District —including Second and Third Winchester —
are identified and documented in the Stlicly of Civil War Sites in the Shenandoah (alley of Virginia
conductCd by the National Park Service in 1992 at the direction Of Congress.'
The 1992 study noted that, "the scope, size, and casualties of the battles of Opequon and Cedar Creek
would rank in any list of significant battlefields of the Civil War. A strong case can be made that either or
both of these battlefields can be considered nationally significant in their own right..." and that "Opequon
might qualify on its own for National Historic Landmark designation."Z
Ill addition, the federal Civil War Sites Advisory Commission, created by Congress in 1991, identified the
sites across the ilatlon of 10,500 armed conflicts that Occurred dLlrillg the CIVII War ill a Study released Ill
1993 and updated earlier this year..1
About Third Winchester (Opequon), the study said, "Because Of its Size, intensity, and result, many
historians consider this the most important collflict of the Shenandoah Valley."
The July 2009 update includes the entire Subject property within a Potential National Register BOL111dary, an
area deemed to "retain (the) integrity and cohesion" required for listing in the National Register of Historic
Places.
Genel•al COncel•Ils
In general, the Battlefields Foundation has strong concerns about this proposal. The subject property lies in
core and Study area for the Secondand Third Winchester Civil War battlefields and, as noted above, retains
the integrity and cohesion that are required for listing in the National Register of Historic Places. As part of
a nationally significant battlefield, also as noted above, the property Itself and the SUI.1.OUllChllg landscape
both have intrinsic historic value to the nation and the community. The conversion of this property from
agricultural to commercial/light industrial use would be incompatible with its historic significance.
Frederick County Planning Guidance
As noted by Frederick County planning staff in its report to the Planning Commission, the proposed
rezoning would allow for uses Of this land that are inconsistent with the couuty's own planning guidance
I Snrrly ofCivil if'ar Sites in the Sltenanrloah Valle}' of Niginiu, Pursuant To Public Law 101-628, U.S. Department of the Interior, National Park
Service (September 1992). Available online at htq?_�+��' nP Mgt'%I115tOr1'thpst_Ibpr/sjwnim(Ioahk v ti0_I Pub fill.
lbid at http //�„+w n�covihrston/has/ahn�a/shenandoat scsa-3 hunt.
1 Civil IVar Sites Advisory Conunissiar 2epa7 oar the Nation's Civil H'ar l3rrltlefields•, prepared for the United States Senate Committee on 1?nergy
and Natural Resources, the United States I louse of Representatives Conunittcc on Natural Resources, and the Secretary of the Interior by the Civil
War Sites Advisory Commission, National Park Service (1993). Available online at http //tc ��q nps.g�!'hlston/hps ahpp/c csacfct _ 0-1_hnnl.
Update to the Civil
July 2009. http \1'ar Sites Advisory Conunission's Report on the Nation's Civil War 13atticliclds, Commonwealth of Virginia, Washington, DC,
'/ �� nps �o'ihiston/hhstahpp_C'\1'S.II C\15115_tatcRcl orty '_hurl.
Ms. June Wilmot, Frederick County Planning COI11Il11SS101i
3 November 2009
Page 3
found in the Frederick County -Winchester Battlefield Network Plan and the Northeast Frederick Land Use
Plan, an element of the Frederick County Comprehensive Plan.
Battlefield Network Plan (1997): The Battlefield Network Plan's recommendations \vere crafted by a
steering committee comprised of local stakeholders and landowners. Among its recommendations were to,
"(u)se Milburn Road as a primary travel connection between Stephensons Depot and Third Winchester.
Work with land owners to preserve views along Milburn Road using buffers, vegetation, and easements."
Northeast Frederick Land Use Plan and the Comprehensive Plan: Regarding the Subject property, the
COurity'S Comprehensive plan envisions the following:
The preservation and protection of significant historic resources, environmentally -sensitive areas,
and open space areas is encouraged by this land use plan... Significant historic resources including
the core area of Stephenson's Depot (2nd Battle of Winchester)... and the Milburn Road corridor
(Route 662)...fall within the expanded SWSA and UDA boundaries. The land use plan
incorporates a Developmentally Sensitive Areas (DSA) designation to ensure that these
features... are protected from future development proposals. The DSA is a community and
historical preservation area; therefore, adjacent uses which may be incompatible should provide
adequate buffers and screening. The DSA is intended to discourage any development along the
Milburn Road corridor...
Significant portions Of the subject property are in the Developmentally Sensitive Area, targeted for
protection fi-om future development proposals.
Protecting the Preservation IIlvestment
The work that the Shenandoah Valley Battlefields Fotlnclation and Others have done to preserve this area of
the county is consistent with the county's planning guidance.
The Battlefields Foundation, the National Park Service, the Commonwealth of Virginia, private donors ill
the Winchester -Frederick area and beyond, the Civil War Preservation Trust, and Frederick County itself
have together invested more than $6 million to preserve lands in this area, in accordance with the COunty's
planning guidance.
All of these stakeholders and investors made these commitments in the hope that such guidance would also
be used in future decisions regarding surrounding land uses by others.
The subject proposal would devalue the significant investment made by these private and public entities.
Impacts to Preserved Battlefield Land
More than 570 acres of preserved land lie immediately to the south Of the Subject property. The
Shenandoah Valley Battlefields Foundation owns 345 acres, including the 209-acre Huntsberry Farm,
recently preserved using $3.35 million in federal, state, county, and private funds. MuCll Of this landscape
appears as it did to residents and soldiers at the time of the Second and 'third Battles Of Winchester —the
land retains its historic, agricultural character and there are very few modern visual intrusions. (A slap of
the preserved areas and photographs of the current viewshed front these areas are enclosed.)
Ms. June Wilmot, Frederick COUllty Planning COi11mission
3 November 2009
Page 4
The application before you proposes the construction Of 90-foot (potentially nine -story) office buildings and
70-foot (potentially seven -story) parking garages on the subject property. In its 21 October 2009 letter to
the applicant, the Frederick County I listoric Resources Advisory Board offered this comment:
The proposed intensification of the project in terms of the request to increase the (floor area
ratio) to 2.0, to increase the heiglit of Office Buildings to 90 feet, and to increase the height
of parking stl•Uctures to 70 feet is undesirable as this would increase the potential impact on
the adjacent historic resources.
The Battlefields FOunclation concurs with this comment and others contained in the i-IRA13 letter.
The visual impact on adjacent preserved historic areas and the Milburn Road corridor appears not to have
been evaluated and is likely to be significant. While the Generalized Development Plan included with the
application does not identify building locations, 70- to 90-foot stI'uctures will likely be prorllinent intrusions
into the viewshed of preserved properties — including parcels owned by the Battlefields FOUndatlon — and
Will dramatically alter the historic character of a landscape that so many have worked diligently to preserve.
Proffered Buffers for Surrounding Preserved Lands
Proffer C.8 of the application states the following:
The Applicant hereby proffers to provide for evergreen landscaping along the Redbud Road
frontage of the Shenandoah Valley Battlefields Foundation property identified as a green space
buffer area on the proffered GDP. The provision of this evergreen landscaping is to provide
viewshed mitigation for this property and is conditioned upon a landscape easement being furnished
by Shenandoah Valley Battlefields Foundation property owner.
The applicant's proposed method for buffering its development front surrounding historic resources would
likely not be allowable under federal law. The FOundation's land was protected USlllg dollars f-om the
federal Land and Water Conservation Fund (LWCF) and per the Land and Water Conservation Fund Act,
the granting of interest in LWCF-protected land to third parties Is not permitted.
The Foundation appreciates the recognition of the sensitivity of the surrounding preserved resources that
Proffer C.8 represents — this need exists not jList with regard to the Foundation's land but also to other
resources along Redbud and Milburn Roads. Should this proposal or elements Of it go forward, the
Foundation looks forward to working with the applicant, the county, and other surrounding landowners to
seek an alternative to sleet this identified with buffers along the perimeter of the applicant's property.
Conclusion
Frederick County has a unique opportunity —one that many conlnlunities do not have. in this corridor lie
nationally significant historic landscapes, Unmatched natUral resOLIMCS, and all actively engaged and
successful preservation infrastructure that has been working to nlaxinlize these resources for the community
and visitors.
Here, within biking and walking distance of dense residential areas of the county, visitors and residents will
be able to wander the county's historic and still -active farm fields and experience a quiet, contemplative
setting where they can meaningfully understand the drama that tool: place on this landscape 150 years ago.
INIs. June Wilmot, Frederick County Planning Commission
3 November 2009
Page 5
The Battlefields Foundation and many others have worked with the county to meet the community's interest
and guidance and together Nve have made significant investments to that end. The Foundation hopes that
the Planning Commission will continue to be guided by these interests. We look forward to continuing our
work with the county and the community to maintain the value of this landscape today and for future
generations.
Thank you for the opportunity to provide comments on this proposal. We are available to answer any
questions you may have and provide any fin-ther il,fol-nlatioll you might need as you consider this
application.
Sincerely,
W. Del 1 Zlrlcle
Executive Director
dzirkle@svbf.net
svbf.net
Enclosures:
• Ivlap of subject property and surrounding battlefield area with preserved areas
• Photographs looking north toward subject property from I-Iuntsberry Farm
CC: tMembers, Frederick County Planning COIIIIIIISSIOII
1%,lichael T. Ruddy, AICP, Frederick County Deputy Planning Director
Greystone Development Plan on 3rd Winchester Battlefield
JF- _ Detail, Battlefield of (Opeyt.x)n} Winchester, Va. Bvt. Lt. (A. G.L. Gillespie, 1873
1 Shenandoah Valley Battlefields Foundation
5 1.OVu 2.COO 4.000 6 X-0 8.000
Feet
View looking north from SVBF's Huntsberry Farm property toward Milburn Road corridor.
11/04/2009 12:29 5406670370
FREDERICK COUNTY GOV
PAGE 02/08
p
3 November 2009
Ms. June Wilmot, Chairman
Frederick County Planing Commission
412 Westside Station Drive
Winchester, VA 22601
R)✓: Rezoning Application #09-09 for Graystone Corporation of Virginia
Dear Ms. Wilmot:
The Shenandoah Valley .Battlefields Foundation would like to Submit comments regarding
the above .rezoning proposal to be considered at your meeting on 4 November 2009.
As a neighboring landowner, the Batileffelds Foundation received notice about this rezoning
application on Tuesday, 27 October 27 2009, five business days before the public hearing:for
this application, which is quite lengthy an.d ponders a significant changa in the use ofthe
property, one that is also dramatically different from the surrounding land uses. The
foundation respectfully urges the Frederick County Planning Commission to table this
Proposal to allow further time for review of the application by the Foundation and others in
the community.
The above notwithstanding, in our initial review of the application the Battlefields
Foundation .has identified several concerns with its overall purpose as well as witli specific
elements of the proposed development.
Shenandoah Valley Battlefield-1 National Historic District
and the Shenandoah Valley Battlefields Foundation
The Shenandoah Valley Battlefields Foundation was established in Mo, pursuant to the
Shenandoah Valley Battlefields National Historic District and Commission Act. The Act,
passed by Congress in 1996, established the eight -county Shenandoah Valley Battlefields
National Historic District in. order to preserve ten battlefields in the Shenandoah Valley,
including Second and Third Winchester,
The Act also set in motion a three-year planning process overseen by a federal commission of
Valley latidowners and local, state, and federal government representatives. After more than
90 public meetings throughout the region, the federal commission published the Shenandoah
Valley Battlefields National Historie District Management Plan in 2000, which was approved
by the U.S. Secretary of the Interior; the Commonwealth of Virginia; Clarke, Frederick,
Highland, Page, Rockingham, and Shenandoab.'counties; anal numerous municipal ltles.
The management plan for the District recommended the creation of the Slienandoalh Valley
Battlefields Foundation, a Virginia non -stock corporation, to implement the plan and to
preserve, interpret, and promote Civil War battlefields in the Shenandoah Valley Battlefields
National Historic District,
,91irti tndoah Valley Ratilcfirlds rouund,ition
POOOffite Bor. V7 New Markel, V,imin 228dd 1h; 540.70,e$a5 i OOU89,4645 'T '40.740.4509
11/04/2009 12:29 540G670370 FREDERICI< COUNTY GOV PAGE 03/08
Ms. June Wilmot, Frederick County Planning Commission
3 November 2009
Palle 2
Significance of the Shenandoah Valley's Civil, War B3ttleflelds
In the Shenandoah Valley Battlefields Nation.al Historic District and Commission Act, Congress determined
that the Valley's Civil War battlefields and related historic sites "are collectively of national significance,"
and that their "preservation and interpretation. „wi.l.l make a vital contribution, to the understanding of the
heritage of the United States," Of more than 300 engagements that took place In the Shenandoah Valley,
the legislation authorized federal funding .for the protection of ten battlefields, including Second and Third
Winchester (also known as the Battle of Opeguon),
The ten Civil War battlefields in the National Historic District —including Second and Third Winchester
are identified and documented in the Study'of Civil War Srles in the Shenandoah Valley of Virgh7ia
conducted by the National Park Service in 1992 at the direction of Congross, l
The 1992 study noted that, ",lie scope, sire, and casualtiela of the battles of Opequon acid Cedar Creek
would rank in any list of significant battlefields ofTbe Civil War. A strong case can be made that either or
both of these battlefields can be considered nationally significant in their own right..." and that "Opequon
might qualify on its own for National l:listoric Landmark designation.'2
In addition, the federal Civil War Sites Advisory Commission, created by Congress in 1991, identified the
sites across the nation of 10,500 armed conflicts that occurred during the Civil War in a study released in
1993 and updated earlier this year.'
About Third Winchester (Opequon), the study said, "Because of its size, intensity, and result, many
historians consider this the most important conflict of the Shenandoah Valley."
The July 2009 update includes the entire subject property within a Potential National register Boundary, an
area deemed to "retain (the) integrity and cohesion" required Tor listing in the National Register of Historic
Places.
General Concerns
In general, the Battlefields Foundation leas stroll$ concerns about this proposal. The subject property tics in
core and study area for the Second and Third Winchester Civil War battlefields and, as noted above, retains
the integrity and cohesion that are required for listing in the National Register of Historic places. As part of
a nationally significant battlefield, also as noted above, the property itself and the surrounding landscape
both have intrinsic historic value to the nation and the community. The conversion of Us property from
agricultvrat to Commereial/light industrial use would be Incompatible with its historic significance.
Frederick County P1anxling Guidance
As noted by Frederiel< Count)' planning staff. in its report to the Planning Commission, the proposed
rezoning would allow for uses of this land that are inconsistent with the county's own planning guidance
' Studl, ofCfvtl War Site? in the Shcriandoah Vallcy of 14tnitria, Pursruant To Public Low 1pt-628, U.S. Dcpartmmi tithe Interior, National Plark
Service (September 1992). Available online at htt tm4y nos aovmistay bpi/Abymilicnapj(Q&L/sys0-1,hLml.
2 Ibid at httoa/vnvw.PpjTvminrxv/has ab o/shenund b/9ve4-3,htm1.
Civil lf1or S+rar Advlsor3, C6--0slon Report on Or. NNW): Chill Mar Datrief)eidr, prepared fbr dto United Statoa Senate Committee tnt Energy
and Nalluml R=urecs, the United States Howe of Rapwoontatives ComtniltAc on Natural Rcm: urcw, and the Sccrctary ot', the Interior by the Civil
War Sites Advisory Commission, Notional Pnd( Service (1993). Available online at hip k�'+iv ps palfttpry/hoatebnn/aw,nc%we0•l.hlm),
UpduG to the Civil %t Sites Advisory Commission's Report on the Nntiun'a Civil Woe Ilatticlields. Commonwealth of Virginia, Washington, DC,
July 2009,11ttR,•lbvwvrnas gov/historvlltps/ab»nLCWStUCWSiI$tnfeRcnoriVA htffi,
11/04/2009 12:29 5406670370 FREDERICK CCUNTY GOV PAGE 04/08
Ms, ,Tune Wilmot, Frederick County Planning Commission
3 November 2009
Palle 3
found in. the Frederick County -Winchester Battlefield Network Plan and the Northeast Frederick Land Use
Plan, an element of the Frederick County Comprehensivc pJ.an,
Battlefield Network flan 1997) The Battlefield Network Plan's recommendations were crafted by a
steering committee comprised of local stakeholders and landowners, Antong its recommendations were to,
"(u)se Milburn Road as a primary travel connection between Stephensous Depot and Third Winchester.
Work with land owners to preserve views along Milburn. Road using buffers, vegetation, and easements."
Nortbie st_Frederlck );and Use Plan and the Cgoi ehqnslye flan: Regarding the subject property, the
county's comprehensive plan envisions the following;
The preservation and protection of significant historic resources, enviroiunentally-sensitive areas,
and open space areas is encouraged by this land use plan... Significant historic resources including
the core area of. Stephenson's Depot (2nd Battle of Winchester) —and the Milburn Road corridor
(Route 662)..,fall within the expanded SWSA and ODA boundaries. The land use plan
incorporates a Developmentally Sensitive Areas (DSA) designation to ensure that these
features ... are protected from future development proposals. The DSA is a community and
historical preservation area; therefore, adjacent uses which may be incompatible should provide
adequate buffers and screening. The DSA is intended to discourage any development along the
Milbum Road corridor...
Significant portions of the subject property are in the Developmcntolly Sensitive Area; targeted for
protection from future development proposals.
Protecting the Preservation. Investment
The work that the Shenatvdoah Valley Battlefields Foundation and others have done to preserve this area of
the county is consiste»t with the Bounty's planning guidance,
The Battlef olds Foundation, the National Park Service, the. Commonwealth of Virginia, private donors in
the Winchester -Frederick area and beyond; the Civil War Preservation Trust, and Frederick County itself
have together invested more than $6 million to preserve lands in this area, in accordance with the couuty's
planning guidance.
A]1 of these stakeholders and investors made these commitments in the hope that such guidance would also
be used in future decisions regarding surrounding land uses by others.
The subject proposal would devalue the signif.cant investment made by these private and public entities.
Impacts to Preserved Battlefield Land
More than 570 acres of preserved land lie immediately to the south of the subject property. The
Shenandoali Valley Battlefields Foundation owns 345 acres, including the 209-acre Iluntsberry Fann,
recently preserved using $3.35 million in federal, state, county, and private funds, Much of this landscape
appears as it did to residents and soldiers at the time of the Second and Third Battles of Winchester —the
land retains its historic, agricultural character and there are very few modern visual intrusions, (A. in.ap of
the preserved areas and photographs of the current viowshed from these areas are enclosed,)
11/04/2009 12:29 5406670370 FREDERICK COUNTY GOV PAGE 05/08
Ms. June Wilmot, Frederick County Planning Commission
3 November 2009
Page 4.
The application before you proposes the construction of90-foot (potentially nine -story) office buildings and
70-foot (potentially sevcn-story) parking garages on the subject property. In its 21 Oetobet 2009 letter to
the applicant, the Frederick County Historic Resources Advisory Board offered this comment;
The proposed intensification of the project i.n terms of the request to incteasethe (floor area
ratio) to 2.0, to increase the height of Office Buildings to 90 feet, and to increase the height
of parking structures to 70 feet is undesirable as this would increase the potential impact on
the adjacent historic resources.
The Battlefields Foundation. concurs with this comment and others contained in the RMB letter.
The visual impact on adjacent preserved historic areas and il,e Milburn .Road corridor appears not to have
been evaluated and is likely to be significant, While the Generalimd Development Plan. included with the
application does not identify building locations, 70- to 90-foot structures will likely be prominent intrusions
into flig viewshed of :preserved properties — including parcels owned by the Battlefields Foundation — and
will dramatically alter the historic character of a landscape that so many have worked diligently to preserve,
Proffered Ruf;.i'ers for Surrounding Preserved Lands
Proffer C.8 of the application states the following,
The Applicant hereby proffers to provide for evergreen landscaping along the Redbud Road
frontage of the Shenandoah 'Valley Battlefields l:oundat on property identified as a green space
buffer area on the proffered GDP. The provision of this evergreen laradscapung is to provide
vicwshed mitigation forthis property and is conditioned upon a landscape easement bebag furnished
by Shenandoah Valley BattleflOds Foundation property owner.
The applicant's proposed method for buffering its development from surrounding historic resources would
likely not be allowable under federal law. The Foundation's land was protected using dollars from, the
federal .Lajid and Water Conservation Fund (I,WCF) and per the l,an.d and Water Conservation Fund Act,
the granting of interest in LWCF-protected land to third parties is not permitted.
The Foundation appreciates the recognition of the sensitivity of the surrounding preserved resources that
Proffer C.8 represents — this need exists not just with regard to the Foundation's laud but also to other
resources along Redbud and Milburn Roads. Should this proposal or elements of it go forward, the
Foundation Iooks forward to working with the applicant, the county, and other surrounding landowners to
seek an alternative to meet this identified with buffers along the perimeter of the applicant's property.
Conclusion
Frederick County has a unique opportunity —one that many communities do not have. In this corridor lie
nationally significant lvstoric landscapes, unmatched natural resources, and an actively engaged and
successful preservation infrastructure that has been. working to maximize these resources for the community
and visitors.
Here, within biking and walking distance of dense residential areas of the county, visitors and residenLs will
be able to wander the county's historic and still -active farm fields and experience a quiet, contemplative
setting where they can meaningfully understand the drama that took place on this landscape ISO years ago.
11/04/2009 12:29 5400070370 FREDERICI< COUNTY GOV PAGE 06/08
Ms, dune Wilmot, Frederick County Planning Commission
3 November 2009
PAze5
The Battlefields Foundation and matty others have worked with the county to meet the Community's interest
and guidance and together we have made significant investments to that end, The Foundation hopes that
the Planning Commission will continue to be guided by these interests, We look forward to continuing our
work with the county and the community to maintain the value of this landscape today and for future
generations.
Thank you for the opportunity to provide comments on this proposal, We are available to answer any
questions you may have and provide auy further information you might need as you consider this
application,
Sinccerely,
VJ. De Zir{cle
Executive Director
dzirkle@svbf,not
Enclosures:
• Map of subject property and surrounding battlefield area with preserved areas
• Photographs looking north toward subjcct'property from Nuntsbetty Farm
CC' Members, Frederick County Planning Commission
Michael T. Ruddy, AICP, Frederick County Deputy Planning Director
A'Pin
154'. 1
•
M&W
11/04/2009 12:29 5406670370 FREDERICK COUNTY GOV PAGE 08/08
View looking north from SVBF's Huntsberry Farm property toward Milburn Road corridor.
NOTES Rl:GARDINC11 VISIBILITY &
POTENTIAL MITIC'FATION MEASURES
FOR 'fill: GMAYSTONE PARC;IZAL
January G, 2009
Provided to
Shenandoah Valley
Battlefields Foundation
HSPC Comm. 0957
Hill Studio
Development
Shenandoah Valley Battlefields Foundation
0 1.000 2.000 0.000 6.000 8.000
Feet
Hill Studio
GRAYSTONE
PROPERTY _
i
BATTLEFIELD
PROPERTIES
INTERSTATE 81
Hill Studio
� R
VALLIFY
PRdmI T R1115G
lei
FORE�GR®UMD
MEAD ....
oar
"oeA Valle, DRttIRIv10, F u d.twn It
t I War P—Tat Trust P•ogrMS
was
411
VALUE i' 1 v . .• ,.!,'�--. +.•
_0-25 l
500000001 .5
+ 000000001 ' 10 {
'J 00000001.:5 �• 1
v
VALLEYAN
P
•PROMlNftT
RIDGL=„�.
YME& §D
ME.&OW(
r�
Legend
Viewshed of 70 ft buildings
VALUE ' f:
t
_0 75
5 10 /��� '�1 •r/ I r
75. 101
�i ' IIIA 11IITS
With heights raised 35'
On the Graystone Property, Q
this model shows that some 35'
Fj
structures would not be visible from
most places on the Battlefield. Others, - •
particularly on the prominent ridge and
in the meadow, would be highly visible.
M-... \*:.J�ylJ'RE
(Note this sketch study was performed by
raising the point grid on the battlefield site.)
Hill Studio
DESIGN GFUIDELINES
Recommendation:
Design Guidelines be established to guide development on the Graystone:
1. Site Planning Areas (priority 1,2,3)
2. Clustering Development
3. Grading and Landform Manipulation
4. Planting to Buffer Views
5. Architectural Character
Hill Studio
GRAYSTONE
PROPERTY _
BATTLEFIELD
PROPERTIES
INTERSTATE 81
I . SITE PI.t NNING" PRIORITY AREAS
Hill Studio
This section illustrates the Graystone Property as seen from one of the ridges on the
Battlefield. The prominent ridge in the Graystone serves to hide much of the valley to the
north.
This section is vertically exaggerated for legibility
Hill studio 1. SITE PI.t NNINCO' PRIORITY AREAS
This section illustrates a 90' building on the ridge of the Graystone Property as seen from one
of the ridges on the Battlefield. Even with mature screening trees adjacent to the structure,
the building would be visible from the Battlefield.
This section is vertically exaggerated for legibility
• Hill Studio 1. SITE PIANNINC11 PRIORITY A111"AS
This alternative section illustrates a 90' building on the Graystone Property sited down in the
valley, and other smaller structures sited along the slopes. The screening buffer on the
prominent ridge hides the buildings in the valley. The ridge would be a first priority area for
preservation, and should be open space, planted as a visual buffer. The foreground
meadow would be a secondary priority. Smaller buildings could be clustered and screened
in the foreground meadow. They will be visible, so should be designed with stringent
guidelines. The valley behind the buffer can be a third priority, with less -stringent
guidelines.
This section is vertically exaggerated for legibility
Hill studio L SITE PI.t NNI\TIi PRIOI1ITV AREAS
Recommendation:
This series of guidelines should address the advantages
of clustering new construction with within the
landscape. In the northern Shenandoah, there is
precedent with the farm clusters, housing significant
development.
An emphasis should be placed on blending proposed
development in with the host landscape, by studying
historical compounds, and modeling new cluster
developments on their patterns.
Hill Studio
Recommendation:
This series of guidelines should
address buffering new construction
with landform to minimize visual
impact from the battlefield, and
other view -sensitive areas.
An emphasis should be placed on
blending proposed development in
with the host landscape, by
methods like slope rounding,
berming, road blending, and other
historically -compatible methods.
k-.� Hill Studio
Recommendation:
This series of guidelines should
address buffering new construction
with plantings to minimize visual
impact from the battlefield, and
other view -sensitive areas.
Plantings to screen buildings, utilities,
and roadways should be addressed.
An emphasis should be placed on
plants native to or part of the
cultural landscape of the
Shenandoah Valley
4. 1'I.�INTING" TO liU l� l:l1111I 1'S
Hill studio
Recommendation:
This series of guidelines should
address the appearance of
new construction to
harmonize new construction
with the historic landscape.
An emphasis should be placed on !r
Shenandoah Valley building
form, materials, signage and
even colors, to blend the new y!_
development with the -�
surroundings. 7.
Aloe:t lU3,lU+,9,
mar S�aM.- _ 104.14R71b..
S q,dnal IOf•,45,uf.
i. ABC, 1IITIA("1'I1IIAI. C'MAII.A(;'I IM
Hill Studio
REZONING TRACKING SHEET
Check List:
i
Application Form 1/ Fee &-SigwDeposit i�
Proffer Statement Deed
Impact Analysis ✓ Plat/Survey
I
Adjoiner List Taxes Paid Statement-314 ��
File opened
Reference manual updated/number assigned
3 % D-base updated
(. Copy of adjoiner list given to staff member for verification
b Color location maps ordered from Mapping
(o Application Action Summary updated
%/, Planning Commission Meeting ACTION:
Board of Supervisors Meeting ACTION:
Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
Approval (or denial) letter mailed to applicant/copy to file and cc's
Reference manual updated
D-base updated
a7 Application Action Summary updated
A) File given to Mapping to update zoning map
&, %[ Zoning map amended
Sys ID #
I
'12
RECEIVED
ESS �T No. 4520
X a-53-(j-'
vvly,-J�
DOLLARS 5
FOR RENT
LJFOR
ORDER I By
r
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
April 26, 2012
Mr. Gary McFarland
Mr. Jolul Good
Graystone Corporation of Virginia
PO Box 2530
Winchester, VA 22604
RE: REZONING 1403-12, GRAYSTONE CORPORATION
PINS: 43-A-158, 44-A-25 and 44-A-26
Dear Mr. McFarland and Mr. Good:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of April 25, 2012. The above -referenced application was approved to revise proffers
associated with Rezoning #09-09. This revision relates to the "Transportation Improvements"
section of the proffers. The properties are located on the north side of Redbud Road (Route 661), the
east side of CSX Railroad, the west side of Milburn Road (Route 662) and the south side of
McCanns Road (Route 838), in the Stonewall Magisterial District.
The proffer statement, originally dated August 24, 2009, with final revision date of February 3, 2012,
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 Clerlc 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,
r
John A. Bishop, AICP---..-_
Deputy Director - Transportation
JAB/bad
Attachment
cc: Charles S. DeHaven, Jr., Stonewall District Supervisor
Gary Oates and Stan Crockett, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Rod Williams, County Attorney, w/original Proffers and Resolution
107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000
i a
REZONING APPLICATION 803-12
GRAYSTONE CORPORATION
Staff Report for the Board of Supervisors
Prepared: April 19, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed
Planning Commission: 04/18/12
Board of Superwisors: 04/25/12
Action
Recommended Approval
Pending
PROPOSAL: To revise proffers associated with Rezoning 1/09-09. This revision relates to the
"Transportation Improvements" section of the proffers.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the cast side
of CSX Railroad, the west side of Milburn Road (ROutc 662) and the south side of McCanns Road
(Route 838).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/25/12 BOARD OF
SUPERVISORS MEETING:
The purpose of this application is to request a minor proffer revision to allow for greater flexibility
in the roadway design for Snowden Bridge Boulevard. Specifically, the language revision would
allow the option of removing the curb and gutter from the roadway design and allow greater
flexibility in the form of the median for the four lane section of the roadway. Staff would note that
VDOT is not in support of the proffer revision; however, if approved, the roadway could be
designed to meet VDOT's published standards.
It is important to note that Frederick County, on behalf of this applicant, has obtained $1.3 M in
Economic Development Enhancement grants, and has closely partnered with the applicant thus far
throughout the design process and will continue to cio so. Frederick County Staff will also be
managing the construction of the roadway clue to the State funds involved.
Following the required public hearing, a (lecisiou regarding this rezoning application by the
Board of Supervisors would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
0
Rezoning 803-12 — Graystone Corporation
April 19, 2012
Page 2
This report is pielm-ed by the Fi-edem-ick County Planning Staff to provide information to the
Planning Commission and the Boal'd of Supel'visom 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 Whel'e 1'elevant thl-ollghout this staff repol't.
Reviewed
Planning Commission: 04/18/12
Board of Supervisors: 04/25/12
Action
Recommended Approval
Pending
PROPOSAL: To revise proffers associated with Rezoning #09-09. This revision relates to the
"Transportation Improvements" section of the proffers.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side
of CSX Railroad, the west side of Milburn Road (Route 662) and the south side of McCanns Road
(Route 838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43-A-158, 44-A-25 and 44-A-26
PROPERTY ZONING: M 1 (Light Industrial) District
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use:
South: RA (Rural Areas) Use:
Red Burl Agricultural District
East: RA (Rural Areas) Use:
Red Bud Agricultm-al District
R4 (Residential Planned Community)
West: RA (Rural Areas) Use:
M 1 (Light Industrial)
Agricultural/Vacant
Agricultural/Residential/Historic
Agricultural
Vacant (Snowden Bridge)
Agricultural/Vacant
0 0
Rezoning 1103-12 — Graystone Corporation
April 19, 2012
Page 3
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: Please see allciched enwil doled Alarch 6, 2012, from Lloyd
Ingram.
Public Works: We have no comments regarding the proposed changes to the proffer statement
associated with the Graystone Corporation Office and Industrial Park.
County Attorney: You have submitted proposed amendments to paragraphs 4 and 5 of part D
(Transportation Improvements) of the Proffer Statement dated January 25, 2010, and approved by
the Board of Supervisors on January 27, 2010, for Graystone Corporation. The project
encompasses Tax Parcels 43-A-158, 44-A-25 and 44-A-26, comprised of 271.39 acres, located in
the Stonewall Magisterial District (the "Property"). The Property is zoned M I with proffers. I have
now reviewed the proposed amendments and it is my opinion that, subject to just one comment, the
proffer statement containing the proposed amendments 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. My one comment is that the proposed new/revised proffer
statement will need to reflect a current revision date and not the final revision date of January 23,
2010, from the original rezoning. I have not reviewed the substance of the Proffers as to whether
the Proffers are suitable and appropriate for this specific development, as it is my understanding
that this review will be done by staff and the Planning Commission.
Planning & Zoning:
1) Site Histoi-v
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County's agricultural "zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The
corresponding revision of the zoning map resulted in the re -mapping of the subject
properties and all other A-1 and A-2 zoned land to the RA District. The subject property
was rezoned to M 1 on 11 /9/2009.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves
as the community'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 used to plan for the future physical development of Frederick
County. [Comprehensive Policy Plan, p. 1-IJ
Transportalion
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
• 0
Rezoning 1103-12 — Graystone Corporation
April 19, 2012
Page 4
should be constructed by the developer when warranted by the scale, intensity, or impacts of
the development. Existing roads should be improved as necessary by adjacent development
to implement the intentions of the plan (Comprehensive Plan 7-200).
3) Proffer Statement — Dated August 4, 2009, revised February 3, 2012
A) Generalized Development Plan
No Change
B) Land Use
No Change
C) Site Design
No Change
D) Transportation
The applicant has made changes to sections 4 and 5 of the transportation section to
allow greater flexibility in the design of the roadway as shown below. Removed
language is stricken out and new language is shown in bold italics.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard
between the Property and Martinsburg Pike (U.S. route 11 North), including the
CSX bridge crossing, prior to the issuance of an occupancy permit for the first
office or industrial site plan approved on the Property. The Applicant shall design
and construct Snowden Bridge Boulevard as a an m-luau four -lane, divided whel-e
applicable, eelleetoi- road sect en-{-4D-) throughout the limits of the Property, and
shall develop the off -site segment of Snowden Bridge Boulevard consistent with the
approved public improvement plan. Snowden Bridge Boulevard shall be initially
constructed as a two-lane road section, and shall be constructed as the ultimate folii'-
lane divided road section prior to the issuance of the occupancy permit for the site
plan that exceeds 8,000 VPD or in the event that Snowden Bridge Boulevard is
developed to allow access for additional traffic from outside the Property, the
construction of the ultimate four -lane divided road section shall be required when
the total trip volume exceeds 8c000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in the
general location of intersections identified on the proffered GDP. An intersection
has been identified on the proffered GDP that could potentially be developed as
either a roundabout or as a signalized intersection if warranted by VDOT. All full
commercial intersections identified on the proffered GDP will be developed with
raised medians to provide for controlled left turn movement access to the Property.
E) Community Facilities
No Change
Rezoning 1103-12 — Graystone Corporation
April 19, 2012
Page 5
STAFF CONCLUSIONS FOR THE 04/25/12 BOARD OF SUPERVISORS MEETING:
The purpose of this application is to request a minor proffer revision to allow for greater flexibility
in the roadway design for Snowden Bridge Boulevard. Specifically, the language revision would
allow the option of removing the curb and gutter from the roadway design and allow greater
flexibility in the form of the median for the four lane section of the roadway. Staff would note that
VDOT is not in support of the proffer revision; however, if' approved, the roadway could be
designed to meet VDOT's published standards.
It is important to note that Frederick County on behalf of this applicant has obtained $1.3 M in
Economic Development Enhancement grants, and has closely partnered with the applicant thus far
throughout the design process and will continue to do so. Frederick County Staff will also be
managing the construction of the roadway due to the State funds involved.
PLANNING COMMISSION SUMMARY & ACTION OF T1-IE 4/18/2012 MEETING:
Some members of the Planning Commission were not supportive of modifying the transportation
proffers. A Commissioner stated it was not the County taxpayers' responsibility to subsidize a
developer's project because the applicant misestimated the original cost, when the proffers were
originally presented. He believed if a precedent is started to change developers' proffers after a
rezoning is approved to enable a contractor or developer to maximize their profit at the expense of
Frederick County's taxpayers, it would not benefit anyone. I-Ie believed VDOT's comments made
sense; particularly, that transitions are dangerous and are an impact to traffic flow. In addition, it
was believed that infrastructure needed to be initially built to last; otherwise it would present a
considerable future expense for taxpayers to maintain or rebuild.
Other members of the Planning Commission had a different perspective and were supportive of the
request under existing circumstances. A Commissioner noted that this project has been in progress
a long time and these are not the same economic times as in earlier years. It was believed the
applicant's request was reasonable; they were not in favor of unnecessary waste of resources,
regardless of who is paying for them. It was noted there is a plan in place for accommodating
future volume. Another Commissioner commented that this project will have a tremendously
positive fixture economic impact. The Chairman noted that this road is more than a road to an
industrial park; it was a connection to areas of the County that would also serve residential users.
On a majority vote, the Planning Commission recommended approval of the transportation proffer
modifications. The vote was as follows:
YES (TO APPROVE): Unger, Crosen, Ambrogi, Manuel, Crockett, Wilmot, Kenney,
Triplett
NO: Thomas, Madagan, Lemieux, Mohn
ABSTAIN: Oates
ta, Z qrA'""•"�uA7o
EL TT OV — 1 uMY2 u1A.71
2A u A•73
,raystone Corp. IIALIS 13.AIIi
43 A 177
13 A 113 43�A•�t.2.4� I7•A II3
'offer Revision 43A1774!� zs
u Ap7a '`
Js:
47AI10 13A129 IIA74
-A-158,44-A-25, 03'A130
- A - 26 u•A 137 'e'
u A �`•
13 A 174 \\
47 A •\\
IOOA 47 A 106 17 A 1� 4J A 135 I1/! .\\ \ ;
q A 105 IOI 17 A I76 � .\\
IL04J
43C .8 103 u A 17d
13C,t A 43A 1�
u A 102
47 A 100 ��
r
q1A 4'77 I7A 140
IOOF 17C 7.2 17'A 141
2\ �'7�1A/117
a uAl9 uA
13rA ISO q�/Tp 47A 145
3.3 17 A t47 q A 116
`47C 72
uA Ist
Zoo
MILBURN L'
SUBDIVISION ,
Subdivision
_n
SNOWDEN
ix_BRIDGE
Subdivision
?ter
aCJtq • r -
REZ0312
Cq C3C� I.
Of
Ilk
OeG0�0 � Z � � •
Applications
CSTA
Parcels 00
Building Footprints {
B1 (Business. Neighborhood District)
B2 (Business. General Distnst) Q E
B3 (Business. Industrial Transition District) STER t
EM (Extractive Manufacturing District) D
HE (Higher Education District) Winchost
M1 (Industrial. Light District)
M2 (Industrial. General District)
•440 MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
REZ # 03 - 12
F
Note:
Frederick County Dept of
Graystone Corp.
Planning & Development
107 N Kent S
Proffer Revision
Suite 202
e
PINS:
Winchester, VA 22oi
43 - A - 158, 44 - A - 25.
540 - 665 - 5651
44 - A - 26
Map Created: March 27. 2012
Staff: jbishop
0 150 300 600 eet
I1 i 1�
• 0
REZONING APPLICATION #03-12
GRAYSTONE CORPORATION
Staff Report for the Planning Commission
Prepared: April 3, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed Action
Planning Commission: 04/18/12 Pending
Board of Supei-visoi•s: 05/09/12 Pending
PROPOSAL: To revise proffers associated with Rezoning 909-09. This revision relates to the
"Transportation Improvements" section of the proffers.
LOCATION: The properties are located on the north side of Redbud Road (Route 661), the east side of
CSX Railroad, the west side of Milburn Road (Route 662) and the south side of McCanns Road (Route
838).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/18/12 PLANNING
COMMISSION MEETING:
The purpose of this application is to request a minor proffer revision to allow for greater flexibility in
the roadway design for Snowden Bridge Boulevard. Specifically, the language revision would allow the
option of removing the curb and gutter from the roadway design and allow greater flexibility in the form
of the median for the four lane section of the roadway. Staff would note that VDOT is not in support of
the proffer revision; however, if approved, the roadway could be designed to meet VDOT's published
standards.
It is important to note that Frederick County, on behalf of this applicant, has obtained $1.3 M in
Economic Development Enhancement grants, and has closely partnered with the applicant thus far
throughout the design process and will continue to do so. Frederick County Staff will also be managing
the construction of the roadway due to the State funds Involved.
A recommendation /'ega/'(ling this rezoning application to the Board of Supei-visom )voyl(l be
at)propfiateThe applicant should be pi-epared to adeguately a&h-ess all coucewrs raised by the
Planning Commission.
Rezoning 03-12 — Graystone Corporation
April 3, 2012
Page 2
This report is prepared by the Frederick County Planning Staff to provide infornnation to the
Planning Commission and the Board of Supervisors to assist therm in making a decision o11 this
application. It may also be useful to others interested in this zolnmg matter. Unresolved issues
concerning this application are noted by staff jvhere relevant throughout this staff report.
Reviewed Action
Planning Commission: 04/18/12 Pending
Board of Supervisors: 05/09/12 Pending
PROPOSAL: To revise proffers associated with Rezoning #09-09. This revision relates to the
"Transportation Improvements" section of the proffers.
LOCATION: The properties are located on the north side of Rcdbud Road (Route 661), the east side of
CSX Railroad, the west side of Milburn Road (Route 662) and the south side of McCanns Road (Route
838).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 43-A-158, 44-A-25 and 44-A-26
PROPERTY ZONING: M I (Light Industrial) District
PRESENT USE: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use:
South: RA (Rural Areas) Use:
Red Burl Agricultural District
Bast: RA (Rural Areas) Use:
Red Burl Agricultural District
R4 (Residential Planned Community)
West: RA (Rural Areas) Use:
M1 (Light Industrial)
Agricultural/Vacant
Agricultural/Residential/I-Iistoric
Agricultural
Vacant (Snowden Bridge)
Agricultural/Vacant
Rezoning #03- l2 — Graystone Corporation
April 3, 2012
Page 3
REVIEW EVALUATIONS:
Vit-o,j is Dept. of Transportation: Please see allached email doled Allarch 6, 2012, fi-oni Lloyd
Ingi-ain.
Public Woi-ks: We have no comments regarding the proposed changes to the proffer statement
associated with the Graystone Corporation Office and Industrial Park.
County AttorIley: You have submitted proposed amendments to paragraphs 4 and 5 of part D
(Transportation Improvements) of the Proffer Statement dated January 25, 2010, and approved by the
Board of Supervisors on .January 27, 2010, for Graystone Corporation. The project encompasses Tax
Parcels 43-A-158, 44-A-25 and 44-A-26, comprised of 271.39 acres, located in the Stonewall
Magisterial District (the "Property"). The Property is zoned M 1 with proffers. I have now reviewed the
proposed amendments and it is my opinion that, subject to Just one comment, the proffer statement
containing the proposed amendments 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. My one comment is that the proposed new/revised proffer statement will need to reflect a
current revision date and not the final revision date of January 23, 2010, from the original rezoning. I
have not reviewed the substance of the Proffers as to whether the Proffers are suitable and appropriate
for this specific development, as it is illy understanding that this review will be done by staff and the
Planning Commission.
PlanninjZ & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the
subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning
districts were combined to form the RA (Rural Areas) District upon adoption of an amendment
to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re -mapping of the subject properties and all other A -I and A-2 zoned
land to the RA District. The subject property was rezoned to MI on 11/9/2009.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that selves as
the Co11111111i11ty'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 used to plan for the future physical development of Frederick County.
[Conilnrehensive Policy Plan, h. I-11
Ti-cinsnoi-1 al ion
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County by identifying needed
connections and locations. Plans for new development should provide for the right-of-ways
necessary to implement planned road improvements and new roads shown on the road plan
Rezoning #03-12 — Graystone Corporation
April 3, 2012
Page 4
should be constructed by the developer when warranted by the scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of the plan (Coinj)rehensive Plan 7-206).
3) Proffer Statement — Dated August 4, 2009, revised February 3, 2012
A) Generalized Development Plan
No Change
B) Land Use
No Change
C) Site Design
No Change
D) Transportation
The applicant has made changes to sections 4 and 5 of the transportation section to
allow greater flexibility in the design of the roadway as shown below. Removed
language is stricken out and new language is shown in bold italics.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between
the Property and Martinsburg Pike (U.S. route 11 North), including the CSX bridge
crossing, prior to the issuance of an occupancy permit for the first office or industrial
site plan approved on the Property. The Applicant shall design and construct Snowden
Bridge Boulevard as a an uFban four -lane, divided iMei•e trpplicahIe, colleeter road
eetion ( II D) throughout the limits of the Property, and shall develop the off -site
segment of Snowden Bridge Boulevard consistent with the approved public
improvement plan. Snowden Bridge Boulevard shall be initially constructed as a two-
lane road section, and shall be constructed as the ultimate four -lane divided road
section prior to the issuance of the occupancy permit for the site plan that exceeds
8,000 VPD or in the event that Snowden Bridge Boulevard is developed to allow
access for additional traffic from outside the Property, the construction of the ultimate
four -lane divided road section shall be required when the total trip volume exceeds
8c000 VPD on the Property, which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in the
general location of intersections identified on the proffered GDP. An intersection has
been identified on the proffered GDP that could potentially be developed as either a
roundabout or as a signalized intersection if warranted by VDOT. All full commercial
intersections identified on the proffered GDP will be developed with fa-i-sed medians to
provide for controlled left turn movement access to the Property.
E) Community Facilities
No Change
0
Rezoning 403-12 — Graystone Corporation
April 3, 2012
Page 5
STAFF CONCLUSIONS FOR THE 04/18/12 PLANNING COMMISSION MELTING:
The purpose of this application is to request a minor proffer revision to allow for greater flexibility in
the roadway design for Snowden Bridge Boulevard. Specifically, the language revision would allow the
option of removing the curb and gutter from the roadway design and allow greater flexibility in the form
of the median for the four lane section of the roadway. Staff would note that VDOT is not in support of
the proffer revision; however, if approved, the roadway could be designed to meet VDOT's published
standards.
It is important to note that Frederick County on behalf of' this applicant has obtained $1.3 M in
Economic Development Enhancement grants, and has closely partnered with the applicant thus far
throughout the design process and will continue to do so. Frederick County Staff will also be managing
the construction of the roadway due to the State funds involved.
A reconnnendation i-ehaiWing this rezoning application to the Board of Supervisors would be
appropriate The applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
REZ # 03 - 12
Graystone Corp.
Proffer Revision
PINS:
43 - A - 158, 44 - A - 25,
44 - A - 26
A
-S3 A'
43 A 156
� 4
k
44 A.ISS
Applications
Parcels 00
Building Footprints
B1 (Business. Neighborhood District)
*;
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
00
Fee Amount Paid $ 1000 "
Zoning Amendment Number Date Received 3 /
PC Hearing Date Lb �z/a BOS Hearing Date_5'
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Graystone Corporation of Virginia Telephone: (540) 665-3212
Address: P. 0. Box 2530, Winchester, VA 22604
2. Property Owner (if different than above)
Name: Same as above
Address:
3. Contact person if other than above
Name: Gray Farland, John Good
Telephone:
Telephone:(540) 667-7700
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments A
Plat X Fees X_
Deed to property _X Impact Analysis Statement X_
Verification of taxes paid X Proffer Statement -.X-
12
11
•
EA. v E
LIAR 2 3 2012
5. The Code of Vl➢'grinia allows us to request full d➢selosum of owne➢-ship ill ➢'elPaltloll to
➢•ezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
J. Donald Shockey, Jr.
John P. Good, Jr.
6. A) Cup•➢•e➢lt Use of tlae P➢-ollel-ty: Agricultural, Residential & Unimproved
B) P➢•oposed Use Of the PR-Opffty: Office & Industrial Park
7. Adjoining P➢'ope3ly:
PARCEL ID NUMBER USE ZONING
8. Locution: 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 Redbud Road (Route 661); East side of CSX Railroad;
West side of Milburn Road (Route 662); and South side of
IdcCanns Road (Route 838).
Parcel Identification/Location: Parcel Identification Number
43-((A))-158, 44-((A))-25, and 44-((A))-26
13
0 •
9. The following infoi-mation should he pY"ovided a'tccw-dinjg to Qlle type of rezoning
p2'oposed:
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant:
10. signature:
Number of Units Prol used
Townhome:
Mobile Home:
Multi -Family:
Hotel Rooms:
Square Footage of Proposed Uses
1,749,000 Service Station:
_ Manufacturing:
_ Warehouse:
Other:
570,000
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.
Appllcant(s): Qi'A15-roo,� C CL �./��;PJq C(L�� 67- k&q,1111�
Owner(s): <S7a�iG C�!ii��l dr' U�n,�-l�1ii
14
Date: -3 — 23
Date:
Date:
Date:
O IS 14'
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1 1. NO 17TLE REPORT FURNISHED. E;t.SEUENTS OTHER THAN SHOWN MAY EXIST.
1 2. THE BOUNDARY INFOR9477ON SHOWN HEREON IS BASED ON A CURRENT
�7 FIELD SURVEY BY THIS FIRM.
'6 z CURRENT OWNER OF RECORD: H.K. BENHAM. !D. TRUSTEE (OF HARRY L MCCANN LAND TRUST)
10 INSTRUMENT NO. 010015746
'0 4. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN FLOOD ZONE C: AREAS OF W05 AL
S.
�6 FLOODING, PER FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 3I006J 0103 S. DATED ✓ULY ]7, 1978.
BOUNDARY SURVEY �pr�£NITfiIOI°'��
OF THE (ND OF o z
RI(]1ARD A. EDENS >
HARRY L. MCCANN LAND TRUST No.002580
STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIAA t� suRNE�o�
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arm Legend B3 (Business, Industrial Transition District) RA (Rural Area District) Z z Q w
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INSTRUMENT NO. 010016716
ROAD
VA. ROVE EA�i
11.. NO TULE REPORT FURNISHED. EASEMEN7S 07HLR THAN SHOWN MAY EXIST.
2. THE BOUNDARY INFORU477ON SHOWN HEREON IS BASED ON A CURRENT
FIELD SURVEY BY THIS F7RM.
J. CURRENT OWNER OF RECORD. H.K. BENHAM, 111, TRUSTEE (OF WRY L MCCANN LAID TRUS7)
INSTRUMENT NO. 0100 15746
4. THE PROPERTY SHOWN HEREON LIES E7VTIRELY WITHIN FLOOD ZONE 'C , AREAS OF MINIMAL
FLOODING, PER FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 510063 0105 B, Q4TED JULY 17, 1978.
400 0 400
GRAPHIC SCALE (W FEET)
L
IRS = 1/2' IRON REBAR W/C4P SET
IRF - 1/2" IRON REW FOUND
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t�
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RADIUS
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DATE: 10/09/09 REZONING PLAT EXHIBIT DATE REVISION GREENWAY ENGINEERING
SCALE: N/A 151 wl.n J Sill I.sne
OF THE LAND OF Wincherter, V1rginia 2M2
DRAWN ICY: EAW GRAYSTONE CORPORATION OF VIRGINIA
FILE NO. 2760(;C
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA TiiiQbme UO-M-4105
SHEET 1 OF 1 TQ e/D-m-Ieie
0
CD
CD
RESOLUTION `-n
Action:
PLANNING COMMISSION: April 19, 2012 - Recommended Approval
BOARD OF SUPERVISORS: April 25, 2012 0 APPROVED U DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 403-12 PROFFER REVISION OF GRAYSTONE CORPORATION
WHEREAS, Rezoning 403-1.2 Proffer Revision of Graystone Corporation, to revise the proffers
associated with Rezoning 909-09 relating to the "Transportation Improvements" section of the proffers,
was considered. The proffer revision, originally dated August 4, 2009 and revised February 3, 2012, is
intended to allow greater flexibility in the design of the roadway. The properties are located on the north
side of Redbud Road (Route 661), the east side of CSX Railroad, the west side of Milburn Road (Route
662) and the south side of McCanns Road (Route 838), in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 43-A-158, 44-A-25 and 44-A-26.
WHEREAS, the Plaiuung Conunission held a public hearing on this rezoning on April 18, 2012 and
forwarded a reconunendation of approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2012; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning
Rezoning #09-09. The proffer revision is intended to allow greater flexibility in the design of the
roadway, as described by the application and attached conditions voluntarily proffered in writing by the
applicant and the property owner.
PDRes. rr 13-12
•CD
-P—
CD
This ordinance shall be in effect on the date of adoption.
Passed this 25th day of April, 2012 by the following recorded vote:
Richard C. Shickle, Chairman Absent Gary A. Lofton Aye
Aye - Nay
Ross P. Spicer Bill M. ENving
Gene E. Fisher Aye Charles S. DeHaven, Jr. Ave
Cluistopher E. Collins Aye
A COPY ATTEST
Joh— n.:R•`RiIcy, }Jr. !/
Frederick County Administrator
v1P.GINIIA: FREDERICK_ COUNTY.SCT.
This instrument of writing was produced to me oi
:5 Z- Z at / /" .3 p 0 / ./0
and with certificate acl;no,,vIedgemcnt therelo .,,ii, NCd
was admitted to rcc-ord. Ta,\ imposed by Sec. .5ti.1-N)2 of
1, !jj_/L, and i;S.1-801 have been paid, if assess,,able.
-.
PDRes. �!13-12
0 0
O
4 r° 5 GRAYSTONE CORPORATION OF VIRGINIA �.D
PROFFER STATEMENT 0-')
REZONING: RZ#09-09
Rural Areas District (RA) to Light Manufacturing District (M1)
PROPERTY: 271.39± acres;
Tax Parcels #43-((A))-158, 44-((A))-25, and 44-((A))-26, (here -in after
the "Property")
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant")
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: February 3, 2012
Preliminary 1\Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application #09-09 for the rezoning of 271.39±-acres
from the Rural Areas (RA) District to 271.39±-acres to the Light Industrial (M1) District,
development of the subject property shall be done in conformity with the terms and conditions
set forth herein, except to the extent that such terms and conditions may be subsequently
amended or revised by the Applicant and such be approved by the Frederick County Board of
Supervisors and their legal successors, heirs, or assigns in accordance with the said Code and
Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this
Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation of
Virginia (formerly Crider & Shockey, Inc. of West Virginia), being all of Tax Map Parcels 43-
((A))-158, 44-((A))-25, and 44-((A))-26, and further described by Instrument Number
030025588. (Please refer to Rezoning Application Deed Information).
PROFFER STATEMENTr
Revision Date: Februlp. s 3, 2012 •
C=7
W.I.
A. Generalized Development
1. The Applicant hereby proffers to submit a Generalized Development Plan (the
"GDP") for the Property. The purpose of the GDP is to identify the general location
of the M1 District office and industrial land bays, the general location of the future
Route 37 corridor study area, the general location of the Snowden Bridge Boulevard
urban four -lane divided collector road system with signalized intersection or
roundabout design and limited entrance locations, the general location of on -site and
off -site green space buffer areas, and the general location of the adjoining parcels that
are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity with
the proffered GDP, prepared by Greenway Engineering dated January 25, 2010. The
GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to
accommodate final design and engineering constraints without the need of new
conditional rezoning approval by the Frederick County Board of Supervisors,
provided that the adjustments do not eliminate or substantially relocate the areas
indicated on the proffered GDP.
B. M1, Liglit Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office land
uses that are designed to coexist in an office park setting.
2. The Frederick Count), Board of Supervisors agrees to allow future office and
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for conditional
zoning amendments.
C. M1. Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB) to
oversee and approve all structural design exterior treatments for new construction and
structural additions to ensure high quality development throughout the project.
Additionally, the ARB will oversee and approve all monument signage and building
mounted signage, to ensure consistency in the design of signage throughout the
project. Notwithstanding what is stated herein, the ARB is intended to be in addition
to and not intended to override or conflict with any provisions of the Frederick
County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within each
of the 1\41 District land bay areas identified in the proffered GDP.
Proffer Statement
CD
is
Revision Date: FebrLoy 3, 2012 W
co
3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a minimum
of eight feet in width and will be designed to connect land uses throughout the M1
District land bay areas identified in the proffered GDP wherever possible. For each
lot or parcel associated with the construction of a building, the Applicant agrees to
identify the location on said lot or parcel for trails (if applicable, to said lot or parcel)
and to have the trail constructed (if applicable) prior to the issuance of the Certificate
of Occupancy for the structure or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100-foot green space buffer area along
the northern boundary of the Property as depicted on the proffered GDP. This green
space buffer area will be left in its natural state to provide viewshed mitigation for the
Milburn Cemetery and the Helm -McCann springhouse. Said buffer is in addition to
the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the Redbud
Road frontage of the Property identified as a green space buffer area on the proffered
GDP. The provision of this evergreen landscaping is to provide viewshed mitigation
between the Property and the Shenandoah Valley Battlefield Foundation property.
Said buffer is in addition to the requirements of the Frederick County Code.
D. Transportation Enhancements
1. The Applicant hereby proffers to provide a corridor study area within the Property as
depicted on the proffered GDP that is a minimum of 350 feet in width. The purpose
of this corridor study area is to provide Frederick County with an opportunity to
determine a final alignment for Route 37 throughout the limits of the Property
through the completion of engineering design sufficient for this purpose. The design
within the corridor study area depicted on the proffered GDP will provide access to
the Property to the proposed interchange and Snowden Bridge Boulevard. The
corridor study area shall be available to Frederick County for a period of eight years
from the date of rezoning approval to complete engineering design necessary to
determine the appropriate aligrvment and right-of-way width for Route 37 within the
Property. The Applicant agrees to cooperate with VDOT and Frederick County to
provide engineering information and reports within the Applicant's possession if
needed to assist Nvith this design effort. The Board of Supervisors may allow
encroachment into and or the definition of the corridor study area if necessary to
accommodate site development proposals through the Site Plan approval process.
2. The Applicant hereby proffers to provide for a maximum 350-foot wide right-of-way
dedication for the Route 37 mainline section within the Property. The mainline
section is intended to include through travel lanes and collector -distributor lanes if
necessary. It is agreed that any portion of the maximum 350-foot right-of-way that is
Proffer Statement
Revision Date: Februo.3, 2012 • C7
not required for the Route 37 mainline section within the Property will i1a be
requested from the Applicant. The Applicant shall provide the required right-of-way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County, which shall occur after an official decision has been made by
Frederick County and VDOT for the alignment and right-of-way width for the Route
37 mainline section within the Property. In the event the aforesaid official decision
has not been made for the Route 37 mainline section within the time period specified
in Section D(1), the Applicant may either extend the time period for this decision, or
may provide Frederick County with a 225-foot .vide right-of-way dedication for
Route 37 within the corridor study area depicted on the proffered GDP. The
Applicant shall be allowed to install utilities or other elements necessary for site
development within the dedicated right-of-way area, provided that this does not
restrict use of the right-of-way.
3. The Applicant hereby proffers to provide for right-of-way dedication sufficient for
the development of up to an 800-foot wide diamond interchange or a single point
urban interchange (SPUI) in the general location depicted on the proffered GDP. It is
agreed that any portion of the right-of-way that is not required for the new
interchange within the Property will not be requested from the Applicant. It is further
agreed that the engineering design sufficient to determine the location, type and right-
of-way needs for the new interchange will provide direct access to Snowden Bridge
Boulevard. The Applicant shall provide the required right-of-way dedication to
Frederick County within 90 days from the date of written notice by Frederick County,
which shall occur after an official decision has been made by Frederick County and
VDOT for the aligrunent and right-of-way width for the new Route 37 interchange
within the Property. In the even the aforesaid official decision has not been made for
the new Route 37 interchange within the time period specified in Section D(1), the
Applicant may either extend the time period for this decision, or may provide
Frederick County with a 225-foot wide right-of-way dedication for Route 37 within
the corridor study area depicted on the proffered GDP. The applicant shall be
allowed to install utilities or other elements necessary for site development within the
dedicated right-of-way area, provided that this does not restrict use of the right-of-
way.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between the
Property and Martinsburg Pike (U.S. Route 11 North), including the CSX bridge
crossing, prior to the issuance of an occupancy permit for the first office or industrial
site plan approved on the Property. The Applicant shall design and construct
Snowden Bridge Boulevard as a four -lane, divided where applicable, road throughout
the limits of the Property, and shall develop the off -site segment of Snowden Bridge
Boulevard consistent xvith the approved public improvement plan. Snowden Bridge
Boulevard shall be initially constructed as a two-lane road section, and shall be
constructed as the ultimate four -lane divided road section prior to the issuance of the
occupancy permit for the site plan that exceeds 8,000 VDP or in the event that
Proffer Statement
Revision Date: Februa3, 2012
d
Co
0
Snowden Bridge Boulevard is developed to allow access for additional traffic from
outside the Property, the construction of the ultimate four -lane divided road section
shall be required when the total trip volume exceeds 8,000 VPD on the Property,
which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in the
general location of intersections identified on the proffered GDP. An intersection has
been identified on the proffered GDP that could potentially be developed as either a
roundabout or as a signalized intersection if warranted by VDOT. All full
commercial intersections identified on the proffered GDP will be developed with
medians to provide for controlled left turn movement access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection located on
the east side of the Route 37 corridor Study area to be closed entirely if necessary
when Route 37 is developed by others throughout the limits of the Property. The
closure of the full commercial intersection is conditioned upon the provision of street
access to this portion of the Property that will be developed by others during the
construction of Route 37. The Applicant agrees to cooperate with Frederick County
to provide easements on the Property if necessary to facilitate new street access to this
portion of the Property if this becomes necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the Property
to existing Milburn Road (Route 662). The County may determine that emergency
access from to the Property from existing Milburn Road is acceptable provided that it
is designed to prohibit access for regular vehicular traffic.
8. The Applicant hereby proffers to prohibit direct commercial access from the Property
to existing Redbud Road (Route 661). Frederick County may determine that
emergency access from to the Property from existing Redbud Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the Property
to McCann's Road (Route 838). Emergency access to the Property from McCarni's
Road is prohibited as well to protect the integrity of the buffer identified along this
road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street; however,
the Applicant shall have the ability to develop all internal streets as private street
systems. All private streets shall be constructed to meet or exceed VDOT vertical
base section standards.
Proffer Statement
CD
Revision Date: Febr* 3, 2012 4:"
CD
11. The Applicant hereby proffers to provide for inter -parcel coiuiections where possible
to mitigate transportation impacts to the full commercial intersections identified on
the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportationdinfrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and/or any
other transportatioi-/infrastructure funding vehicles, such as CDAs. Without binding
any future legislative act, the Applicant and the Frederick County Board of
Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that both
parties should make all reasonable efforts to cooperate with one another to implement
the appropriate mechanism or combination of mechanisms to ensure rapid installation
of the aforementioned improvements,
13. The Applicant hereby proffers to provide for a maximum 60-foot right-of-way
dedication to Frederick County to provide for the development of a street connection
by others between the planned portion of Snowden Bridge Boulevard on the Property
and existing Redbud Road (Route 661) immediately south of the Property. The
general location of this 60-foot right-of-way shall be delineated on the final Master
Development Plan, which shall connect to one of the proposed new full commercial
intersections that are located to the west of the Route 37 corridor study area as
depicted on the proffered GDP. It is agreed that the 60-foot right-of-way dedication
can be located within buffer areas provided that the landscape screening and opaque
elements are located between the adjoining properties owned by Applicant and the
right-of-way dedication area. The Applicant shall provide the required right-of-way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County, which shall occur after an official decision has been made by
Frederick County and VDOT to construct this street connection. It is agreed that the
Applicant can construct street access with entrances to land bays within the delineated
60-foot right-of-way area provided that the proposed street access meets or exceeds
VDOT vertical base section standards. The Applicant shall be allowed to install
utilities or other elements necessary for site development within the dedicated right-
of-way area, provided that this does not restrict use of the right-of-way.
14. The Applicant has agreed to provide Frederick County with right-of-way dedications
within the Property for the Route 37 mainline, the new Route 37 interchange, and the
comiecting street between Redbud Road and Snowden Bridge Boulevard as described
in Sections D(2), D(3), and D(13) of the Proffer Statement. In the event that
Frederick County or VDOT decides to not construct these road systems in whole or in
part subsequent to right-of-way dedication, the recipient of the dedication agrees to
convey the right-of-way dedication to the Applicant within 90 days from the date of
this determination.
Proffer Statement
Revision Date: FebrA01 3, 2012 •
CD
.9:—
0
N
E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support fire
and rescue services through the provision of a monetary contribution in the amount
of $0.05 per square foot of structural development for all land uses within the
Property. This monetary contribution shall be provided to Frederick County for fire
and rescue purposes prior to the issuance of a certificate of occupancy permit for
each building permit issued within the Property.
F. Signatures — Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
� Cv,/.��t�i.�}�� c�� �L
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Date: --'>- f .1
Commonwealth of Virginian, /
City/Count} of To Wit:
The foregoing instrument was acknowledged before me this Z) day of
20I by
SUS'+N D. STAHL Notary Public
NOTARY PUBLIC
f Commonwealth of Virginia
My Commission Expires: Reg. 4290874
Registration No.:
Proffer Statement
►a javl<smai"
GENERALIZED DEVELOPMENT PLAN
3 3 GRAYSTONE CORPORATION OF VIRGIN
i STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
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GREENWAY ENGINEERING, w,
/31 Windy /ldl Lane
Winchester, Virginia 21602
EVnrrra..5'urwwn Telephone. (540) 662-4/85
Enwrnommm/.Srrnres F—drd m 197/ FAX- ( ) 540 722-9528
www.green wayeng. com
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GRAYSTONE OFFICE AND INSDUSTRIAL PARK GREENWAY ENGINEERING,.
sTORERAu uActsR�w. Disrxrcr
COUNTY of F'REDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 23, 2012
Mr. Gray Farland
Graystone Coif)oration
The Shockey Companies
P.O. Box 2530
Winchester, VA 22604-1730
RE: Graystone Corporation Office and Industrial Park
Property Identification Number(s) (PINs) 43-A-158, 25, & 26
Zoning District: M-1 (Industrial, Light)
Dear Mr. Farland:
This letter is in reference to your letter dated July 23, 2012, requesting a waiver of the sidewalk
requirement for a collector road (Snowden Bridge Boulevard). 'this collector road will have a ten
(10) foot asphalt pedestrian facility along the north side of the road; you are requesting a waiver of
the sidewalk on the south side of the road. The Code of Frederick County, Subdivision of Land,
Chapter 144-1 SA (2) allows the Subdivision Administrator to waive the sidewalk requirement.
Frederick County will waive the sidewalk requirement for the south side of this road. Please note
this waiver applies only to Snowden Bridge Boulevard. Frederick County will review any other
waiver(s) on the above -referenced properties upon submission and review of a Master Development
Plan (MDP) and subdivision(s).
Call me at (540) 665-5651, if you have any questions on the matter.
Sincerely,
zc; zk
Mark R. Cheran
Zoning Administrator
MRC/bad
107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000
•
•
10
GRAYSTONE CORPORATION OF VIRGINIA
PROFFER STATEMENT
REZONING: RZ#09-09
Rural Areas District (RA) to Light Manufacturing District (M1)
PROPERTY: 271.39± acres;
Tax Parcels #43-((A))-158, 44-((A))-25, and 44-((A))-26, (here -in after
the "Property")
RECORD OWNER: Graystone Corporation of Virginia
APPLICANT: Graystone Corporation of Virginia
(here -in after the "Applicant')
PROJECT NAME: Graystone Corporation Office and Industrial Park
ORIGINAL DATE
OF PROFFERS: August 24, 2009
REVISION DATE: February 3, 2012
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia, shall approve Rezoning Application #09-09 for the rezoning of 271.39±-acres
from the Rural Areas (RA) District to 271.39±-acres to the Light Industrial (MI) District,
development of the subject property shall be done in conformity with the terms and conditions
set forth herein, except to the extent that such terms and conditions may be subsequently
amended or revised by the Applicant and such be approved by the Frederick County Board of
Supervisors and their legal successors, heirs, or assigns in accordance with the said Code and
Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be
deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this
Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Graystone Corporation of
Virginia (formerly Crider & Shockey, Inc. of West Virginia), being all of Tax Map Parcels 43-
((A))-158, 44-((A))-25, and 44-((A))-26, and further described by Instrument Number
030025588. (Please refer to Rezoning Application Deed Information).
PROFFER STATEMENT
Revision Date: Februa� y 3, 2012
A. Generalized Development
1. The Applicant hereby proffers to submit a Generalized (
Development Plan the •
P
"GDP") for the Property. The purpose of the GDP is to identify the general location
of the M1 District office and industrial land bays, the general location of the future
Route 37 corridor study area, the general location of the Snowden Bridge Boulevard
urban four -lane divided collector road system with signalized intersection or
roundabout design and limited entrance locations, the general location of on -site and
off -site green space buffer areas, and the general location of the adjoining parcels that
are within permanent protective easements.
2. The Applicant hereby proffers to develop the Property in substantial conformity with
the proffered GDP, prepared by Greenway Engineering dated January 25, 2010. The
GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to
accommodate final design and engineering constraints without the need of new
conditional rezoning approval by the Frederick County Board of Supervisors,
provided that the adjustments do not eliminate or substantially relocate the areas
indicated on the proffered GDP.
B. M1, Light Industrial District Land Uses
1. The Applicant intends to develop the Property to implement industrial and office land
uses that are designed to coexist in an office park setting.
2. The Frederick County Board of Supervisors agrees to allow future office and is
industrial land uses that are included within future amendments to the M1, Light
Industrial District to be developed on the Property without the need for conditional
zoning amendments.
C. M1, Light Industrial District Design Standards
1. The Applicant hereby proffers to establish an Architectural Review Board (ARB) to
oversee and approve all structural design exterior treatments for new construction and
structural additions to ensure high quality development throughout the project.
Additionally, the ARB will oversee and approve all monument signage and building
mounted signage, to ensure consistency in the design of signage throughout the
project. Notwithstanding what is stated herein, the ARB is intended to be in addition
to and not intended to override or conflict with any provisions of the Frederick
County Code.
2. The Applicant hereby proffers to establish requirements for outdoor green areas
and/or outdoor plaza areas for the benefit of employees of the office and industrial
park. These outdoor green areas and outdoor plaza areas will be located within each
of the M1 District land bay areas identified in the proffered GDP.
Proffer Statement 0
Revision Date: Februa., 3, 2012
• 3. The Applicant hereby proffers to establish internal asphalt trails for the benefit of
employees of the office and industrial park. These asphalt trails will be a minimum
of eight feet in width and will be designed to connect land uses throughout the M1
District land bay areas identified in the proffered GDP wherever possible. For each
lot or parcel associated %with the construction of a building, the Applicant agrees to
identify the location on said lot or parcel for trails (if applicable, to said lot or parcel)
and to have the trail constructed (if applicable) prior to the issuance of the Certificate
of Occupancy for the structure or building on said lot or parcel.
4. The Applicant hereby proffers to establish a 100-foot green space buffer area along
the northern boundary of the Property as depicted on the proffered GDP. This green
space buffer area will be left in its natural state to provide viewshed mitigation for the
Milburn Cemetery and the Helm -McCann springliouse. Said buffer is in addition to
the requirements of the Frederick County Code.
5. The Applicant hereby proffers to provide for evergreen landscaping along the Redbud
Road frontage of the Property identified as a green space buffer area on the proffered
GDP. The provision of this evergreen landscaping is to provide viewshed mitigation
between the Property and the Shenandoah Valley Battlefield Foundation property.
Said buffer is in addition to the requirements of the Frederick County Code.
D. Transportation Enhancements
• 1. The Applicant hereby proffers to provide a corridor study area within the Property as
depicted on the proffered GDP that is a minimum of 350 feet in width. The purpose
of this corridor study area is to provide Frederick County with an opportunity to
determine a final alignment for Route 37 throughout the limits of the Property
through the completion of engineering design sufficient for this purpose. The design
within the corridor study area depicted on the proffered GDP will provide access to
the Property to the proposed interchange and Snowden Bridge Boulevard. The
corridor study area shall be available to Frederick County for a period of eight years
from the date of rezoning approval to complete engineering design necessary to
determine the appropriate alignment and right-of-way width for Route 37 within the
Property. The Applicant agrees to cooperate with VDOT and Frederick County to
provide engineering information and reports within the Applicant's possession if
ID
needed to assist with this design effort. The Board of Supervisors may allow
encroachment into and or the definition of the corridor study area if necessary to
accommodate site development proposals through the Site Plan approval process.
0
2. The Applicant hereby proffers to provide for a maximum 350-foot wide right-of-way
dedication for the Route 37 mainline section within the Property. The mainline
section is intended to include through travel lanes and collector -distributor lanes if
necessary. It is agreed that any portion of the maximum 350-foot right-of-way that is
Proffer Statement
Revision Date: February 3, 2012
not required for the Route 37 mainline section within the Property will not be
requested from the Applicant. The Applicant shall provide the required right-of-way •
dedication to Frederick County within 90 days from the date of written notice by
Frederick County, which shall occur after an official decision has been made by
Frederick County and VDOT for the alignment and right-of-way width for the Route
37 mainline section within the Property. In the event the aforesaid official decision
has not been made for the Route 37 mainline section within the time period specified
in Section D(1), the Applicant may either extend the time period for this decision, or
may provide Frederick County with a 225-foot wide right-of-way dedication for
Route 37 within the corridor study area depicted on the proffered GDP. The
Applicant shall be allowed to install utilities or other elements necessary for site
development within the dedicated right-of-way area, provided that this does not
restrict use of the right-of-way.
3. The Applicant hereby proffers to provide for right-of-way dedication sufficient for
the development of up to an 800-foot wide diamond interchange or a single point
urban interchange (SPUI) in the general location depicted on the proffered GDP. It is
agreed that any portion of the right-of-way that is not required for the new
interchange within the Property will not be requested from the Applicant. It is further
agreed that the engineering design sufficient to determine the location, type and right-
of-way needs for the new interchange will provide direct access to Snowden Bridge
Boulevard. The Applicant shall provide the required right-of-way dedication to
Frederick County within 90 days from the date of written notice by Frederick County,
which shall occur after an official decision has been made by Frederick County and •
VDOT for the alignment and right-of-way width for the new Route 37 interchange
within the Property. In the even the aforesaid official decision has not been made for
the new Route 37 interchange within the time period specified in Section D(1), the
Applicant may either extend the time period for this decision, or may provide
Frederick County with a 225-foot wide right-of-way dedication for Route 37 within
the corridor study area depicted on the proffered GDP. The applicant shall be
allowed to install utilities or other elements necessary for site development within the
dedicated right-of-way area, provided that this does not restrict use of the right-of-
way.
4. The Applicant hereby proffers to construct Snowden Bridge Boulevard between the
Property and Martinsburg Pike (U.S. Route 11 North), including the CSX bridge
crossing, prior to the issuance of an occupancy permit for the first office or industrial
site plan approved on the Property. The Applicant shall design and construct
Snowden Bridge Boulevard as a four -lane, divided where applicable, road throughout
the limits of the Property, and shall develop the off -site segment of Snowden Bridge
Boulevard consistent with the approved public improvement plan. Snowden Bridge
Boulevard shall be initially constructed as a two-lane road section, and shall be
constructed as the ultimate four -lane divided road section prior to the issuance of the
occupancy permit for the site plan that exceeds 8,000 VDP or in the event that
Proffer Statement 0
Revision Date: Februa,y 3, 2012
Snowden Bridge Boulevard is developed to allow access for additional traffic from
• outside the Property, the construction of the ultimate four -lane divided road section
shall be required when the total trip volume exceeds 8,000 VPD on the Property,
which ever first occurs.
5. The Applicant hereby proffers to limit full commercial intersection access on
Snowden Bridge Boulevard to establish up to three commercial intersections in the
general location of intersections identified on the proffered GDP. An intersection has
been identified on the proffered GDP that could potentially be developed as either a
roundabout or as a signalized intersection if warranted by VDOT. All full
commercial intersections identified on the proffered GDP will be developed with
medians to provide for controlled left turn movement access to the Property.
6. The Applicant hereby proffers to allow for the full commercial intersection located on
the east side of the Route 37 corridor study area to be closed entirely if necessary
when Route 37 is developed by others throughout the limits of the Property. The
closure of the full commercial intersection is conditioned upon the provision of street
access to this portion of the Property that will be developed by others during the
construction of Route 37. The Applicant agrees to cooperate with Frederick County
to provide easements on the Property if necessary to facilitate new street access to this
portion of the Property if this becomes necessary due to the construction of Route 37.
7. The Applicant hereby proffers to prohibit direct commercial access from the Property
is access
existing Milburn Road (Route 662). The County may determine that emergency
access from to the Property from existing Milburn Road is acceptable provided that it
is designed to prohibit access for regular vehicular traffic.
is
8. The Applicant hereby proffers to prohibit direct commercial access from the Property
to existing Redbud Road (Route 661). Frederick County may determine that
emergency access from to the Property from existing Redbud Road is acceptable
provided that it is designed to prohibit access for regular vehicular traffic.
9. The Applicant hereby proffers to prohibit direct commercial access from the Property
to McCann's Road (Route 838). Emergency access to the Property from McCann's
Road is prohibited as well to protect the integrity of the buffer identified along this
road.
10. The Applicant shall develop Snowden Bridge Boulevard as a public street; however,
the Applicant shall have the ability to develop all internal streets as private street
systems. All private streets shall be constructed to meet or exceed VDOT vertical
base section standards.
Proffer Statement
Revision Date: Februa,y 3, 2012
11. The Applicant hereby proffers to provide for inter -parcel connections where possible
to mitigate transportation impacts to the full commercial intersections identified on •
the proffered GDP.
12. The Applicant submits that it will apply for all such public assistance mechanisms
that are available at the time of development to facilitate the installation of the
aforementioned transportation/infrastructure improvements. Those mechanisms
include, but are not limited to, matching funds, industrial access funds and/or any
other transportation/infrastructure funding vehicles, such as CDAs. Without binding
any future legislative act, the Applicant and the Frederick County Board of
Supervisors agree that the use of said mechanisms are advantageous to the
development of the Property and the use of same should be encouraged and that both
parties should make all reasonable efforts to cooperate with one another to implement
the appropriate mechanism or combination of mechanisms to ensure rapid installation
of the aforementioned improvements.
13. The Applicant hereby proffers to provide for a maximum 60-foot right-of-way
dedication to Frederick County to provide for the development of a street connection
by others between the planned portion of Snowden Bridge Boulevard on the Property
and existing Redbud Road (Route 661) immediately south of the Property. The
general location of this 60-foot right-of-way shall be delineated on the final Master
Development Plan, which shall connect to one of the proposed new full commercial
intersections that are located to the west of the Route 37 corridor study area as
depicted on the proffered GDP. It is agreed that the 60-foot right-of-way dedication
can be located within buffer areas provided that the landscape screening and opaque
elements are located between the adjoining properties owned by Applicant and the
right-of-way dedication area. The Applicant shall provide the required right-of-way
dedication to Frederick County within 90 days from the date of written notice by
Frederick County, which shall occur after an official decision has been made by
Frederick County and VDOT to construct this street connection. It is agreed that the
Applicant can construct street access with entrances to land bays within the delineated
60-foot right-of-way area provided that the proposed street access meets or exceeds
VDOT vertical base section standards. The Applicant shall be allowed to install
utilities or other elements necessary for site development within the dedicated right-
of-way area, provided that this does not restrict use of the right-of-way.
14. The Applicant has agreed to provide Frederick County with right-of-way dedications
within the Property for the Route 37 mainline, the new Route 37 interchange, and the
connecting street between Redbud Road and Snowden Bridge Boulevard as described
in Sections 1)(2), D(3), and D(13) of the Proffer Statement. In the event that
Frederick County or VDOT decides to not construct these road systems in whole or in
part subsequent to right-of-way dedication, the recipient of the dedication agrees to
convey the right-of-way dedication to the Applicant within 90 days from the date of
this determination.
Proffer Statement 0
Revision Date: Febl-Muy 3, 2012
• E. Fire and Rescue Monetary Contribution
1. The Graystone Office and Industrial Park has been demonstrated to provide a
positive economic impact to Frederick County services by the Frederick County
Development Impact Model. However, the Applicant intends to further support fire
and rescue services through the provision of a monetary contribution in the amount
of $0.05 per square foot of structural development for all land uses within the
Property. This monetary contribution shall be provided to Frederick County for fire
and rescue purposes prior to the issuance of a certificate of occupancy permit for
each building permit issued within the Property.
F. Signatures — Graystone Corporation of Virginia
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the Frederick
County Board of Supervisors grants this rezoning and accepts the conditions, the proffered
conditions shall apply to the land rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully Submitted:
• �.�'-v�� S � J�t� Cv �'.�c l�i.�-t� ��� GC= �} l �'�G t11 V}
3. c" X �/�-�3���� Date: -
Commonwealth of Virginia, l
City/County of ���U�` < < I J To Wit:
The foregoing instrument was acknowledged before me this day of
20-0,Z by l;:lC��, , JL"
My Commission Expires
Registration No.:
� 0
SUSAN D. STAHL
NOTARY PUBLIC
Commomveatfh of Virginia
Reg. 290874 v `
�l
Notary Public
Proffer Statement
•
•
•
LEGEND
TOTAL SITE: 271.39t AC.
PROPOSED ZONE: M1 DISTRICT
OFFICE - MANUFACTURING LAND BAYS
ROUTE 37 CORRIDOR STUDY AREA
`FUTURE ROUTE 371 SNOWDEN BRIDGE BLVD. INTERCHANGE
GREEN SPACE BUFFER AREAS
O URBAN 4 - LANE DIVIDED COLLECTOR ROAD
PARCELS WITH PERMANENT EASEMENTS
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DATE 01/25/10
SCALE NTS
DESIGNED BY 1R S
JOB NO. 278000
SIECI 1 OR I
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�. #. 0voALL PROPEM Mom
' } GRAYSTONE OFFICE AND INSDUSTRIAL PARK GREENWAYENGINEERING,..
C ` MNENALL MAGISTERIAL 019T =
"EOERICE COUNTY, VA
0
C7
•
RESOLUTION
Action:
PLANNING COMMISSION: April 18, 2012 - Recommended Approval
BOARD OF SUPERVISORS: April 25, 2012 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-12 PROFFER REVISION OF GRAYSTONE CORPORATION
WHEREAS, Rezoning 803-12 Proffer Revision of Graystone Corporation, to revise the proffers
associated with Rezoning #09-09 relating to the "Transportation Improvements" section of the proffers,
was considered. The proffer revision, originally dated August 4, 2009 and revised February 3, 2012, is
intended to allow greater flexibility in the design of the roadway. The properties are located on the north
side of Redbud Road (Route 661), the east side of CSX Railroad, the west side of Milburn Road (Route
662) and the south side of McCanns Road (Route 838), in the Stonewall Magisterial District, and are
identified by Property Identification Numbers 43-A-158, 44-A-25 and 44-A-26.
WHEREAS, the Planning Commission held a public hearing on this rezoning on April 18, 2012 and
forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2012; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning
Rezoning #09-09. The proffer revision is intended to allow greater flexibility in the design of the
roadway, as described by the application and attached conditions voluntarily proffered in writing by the
applicant and the property owner.
PDRes. #13-12
This ordinance shall be in effect on the date of adoption.
Passed this 25th dayof April, 2012 b the following recorded vote: •
P � Y g
Richard C. Shickle, Chairman
Ross P. Spicer
Gene E. Fisher
Christopher E. Collins
Gary A. Lofton
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
•
•
PDRes. #13-12
l
Rezoning CO2ninelnts
Virginia Department off' ransportagion
imail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand de➢iven• to:
Virgitua Department of Transportation
Attn: Resident Lngineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department
of Transportation with their review. Attach three copies of your application fornn, location neap, proffer,
statement, impact analysis, and any other pertinent information.
Applicant's Name:Graystone Corporation of Virginia Telephone: (540) 667-7700
Mailing Address: P. 0. Box 2530
Winchester, VA 22604
Location of property:
Current zoning: Ml
271.39± acres:
Tax Parcels #43_((A))-158, 44-((A))-25,
and 44-((A))-26
Zoning requested: Amendment to Acreage: 271.39±
Proffer Statement—
apartment of Transportation Comments:
attached email from Lloyd Ingram with VDOT to The Shockey Companies
�Iarch 6, 2012.-
ature & Date: ~l_ 03/06/��
��`�_� �y-�
l
Notice to 'VDOT - Please Return Fox -in to Applicant
19
Grav Farland
From: Funkhouser, Rhonda (VDOT) [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram,
Lloyd (VDOT)[Lloyd.ingram@VDOT.virginia.gov]
Sent: Tuesday, March 06, 2012 8:36 AM
To: Gray Farland
Cc: John.Bishop; Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT)
Subject: VDOT Comments to Proposed Graystone Proffer Amendment
Attachments: Scanned from EDNXerox001.pdf
VDOT has reviewed the submittal for an amendment to the existing proffers dated January 25, 2010 and
provides the following comments:
There was no accompanying documentation that supports the need for a change in the existing approved
proffers.
The question of eliminating the medians defies the research by both VDOT and AASHTO that identifies the
medians as a critical part of building a safe 4-lane high volume roadway. Urban collector streets with four or
more lanes should include width for an appropriate median treatment, where practical. In addition to
restricting left turn movements, medians provide a recovery area for out -of -control vehicles, provide a
stopping area in case,of emergencies, allow space for storage of left -turning and U-turning vehicles, diminish
headlight glare and medians provide separation from opposing traffic which increase driver comfort and
capacity. This criteria was a significant part of the proffers that convinced VDOT to support the original
rezoning. At full build -out of both Graystone and Snowden Bridge, this portion of roadway will be mixing
industrial/commercial traffic with residential traffic when Snowden Bridge Boulevard is completed in its
entirety. The need for the median will become more critical as traffic increases.
In addition to eliminating median, the proposed proffer change appears to eliminate curb and gutter as well.
How will curb & gutter/median proffered (U4D design) in other sections along Snowden Bridge Boulevard tie-
in with non -curb & gutter/median sections? Transitioning from a U4D Section to a non -curb & gutter and non -
median section is unconventional and inconsistent and could affect driver performance and safety. VDOT
advocates maintaining a consistent road section throughout the entire Snowden Bridge Boulevard, as
originally proffered.
Therefore, with the documentation provided with this request, VDOT cannot support the requested
amendment in its current form.
<<Scanned from EDNXerox001.pdf>>
Lloyd A. Ingram, Land Development Engineer
VA Department of Transportation — Land Development
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, Virginia 22824
Phone #(540) 984-5611
0
Fox # (540) 984-5607
Rezoning Commenit5
Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn. -Director of Engineering
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Atln. Director of Engineering
County ilcliminisixation Bldg., Suite 202
107'North,�Kent Street
Winchester, Virginia
Applicant: Please fill out the information is accurately as possible' in order to assist the Department. of
Public Works -with their review Attach. a, copy, of your ,application. form, location map, Proffea
.stlt6ment Iiinpact analysis;,and' ariy�.othet= pertinen't�information:
• y-y....'.71 _ •7+:�. - Lam- ,-rf: •.r. srr nr •', -. .yvY ..Nv;tt..l„/n•.V _ _ M 1" 1.^�^.. /-` �. �... 6. 3
Applicant's Name. Grayst ne Corporation. of Vir_ginialelephone: (540) 667-7700
Mailing Address: P 0 -Box 2530
Winchester, VA 22604
Location of property- 271 ,39±. acres
Tax. Parcels #.43- ((A))-158,
and 44-• (:(A)) -26
Current zoning: M1
Zoning requested. Amendment to Acreage: 271 39±
Proffer StaL-emerit
Department -of Public Work's Comments:
v o YeC,(-;I-vt vb
G VCk �� C. �. ec OY� (D 1Y7 (1 _
ca.VIA t Vtc�.l,L� TY l J Gt v
Public Works Signature & Date:
Notice to Dept. of Public Wo s -,Please Return This Form to the Applicant
►l
0
PJ
COUNTY of FREDERICK
�[1W�1 w
n i
I I., FED 1 hr 2012
HOWARD SHOCKEY & SONS, J[qG. i
February 10, 2012
VIA FACSIMILE_ — 540-_665-_3211 — AND REGULAR MAIL
Mr. Gray Farland l ��
The Shockey Companies
P.O. Box 2530
Winchester, Virginia 22604-1730
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
illia@coftederick.va.us
Re: Graystone Corp. Office and Industrial Park — Proposed Proffer Amendments
Dear Mr. Farland:
You have submitted proposed amendments to paragraphs 4 and 5 of part D
(Transportation Improvements) of the Proffer Statement, dated January 25, 2010, and approved
by the Board of Supervisors on January 27, 2010, for the above -referenced project. The project
encompasses Tax Parcels 43-A-158, 44-A-25 & 44-A-26, comprised of 271.39f acres, located in
the Stonewall Magisterial District (the "Property"). The Property is zoned M1 (Light
Manufacturing), with proffers.
I have now reviewed the proposed amendments and it is my opinion that, subject to just
one comment, the proffer statement containing the proposed amendments 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. My one comment,is that the proposed
riew/revised proffer statement will need to reflect a current revision date and not the final
revision date of January 25, 2010, from the original rezoning.
I have not reviewed the substance of the Proffers as to whether the Proffers are suitable
and appropriate for this specific development, as it is my understanding that that review will be
done by staff and the Planning Commission.
/1�0c/lcrick
yours,
. i liams
County Attorney
cc: Michael T. Ruddy, Deputy Director of Plarniing and Development
107 North Kent Street • Winchester, Virginia 22601
0 0
IMPACT ANALYSIS STATEMENT
GRAYSTONE CORPORATION
OFFICE & INDUSTRIAL PARK
REZONING
Tax Map parcels
43-((A))-158, 44-((A))-25 & 44-((A))-26
Aggregate Area of 271.39t acres
Stonewall Magisterial District
Frederick County, Virginia
October 9, 2009
Current Owners: Graystone Corporation of Virginia
There are no changes to the previously submitted Impact Analysis Statement.
G
Gray Far and
'3 12- -3Z—
Dat
0
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II RS O 15.14'
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KEY TO ADJOINING PROPERTY OWNERS
TY 43-((A))-159
® JEFFREY G. JENKINS, ET UX
OB. 832 PG. 981
TM 43-((A))-159A
® JANICE MARIE KIRBY
INSTRUMENT NO. 010016716
1 *JV n1T•
UNE
BEARING
DISTANCE
L 1
S 25'20 50 W
98.74
L2
S 21'26'13 W
26.61
L3
S 22'47 43 W
106.42
L4
S 24*60 2b W
34.32
L5
S 12741 12 W
___ 65.87
TM 43-((A))-158
1
I
NAIL FOUND IN
CENTER OF RAID
\\ IRS O 16.91' POST FOUND
27'27'37' W S 2717'4 ' W P
568.91' 480. F
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ro
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271.3968 ACRES (TOTAL)
a 1
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IRF a 1/2" IRON REBAR FOUND
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f = CENTERLINE OF ROADWAY
C21
DATA
710 21' rcn ic• 1 .cn no• o vw.
® l t JEFFREY G. JENKINXINS,� ET UX
DB. 832 PG. 981
O TM 43—((A))-159A
✓ANICE MARIE KIRBY
INSTRUMENT NO. 010015716
LW DATA
LINE
BEARING
D157ANCE
L 1
S 25'20 50 W
98.74
L2
S 21'26 13 W
26.61
L3
S 22'47 43 W
106.42
L4
S 24753 28 W
34.32
L5
S 12'41 12 W
65.67
L6
S 23'08 03 W
32.67
L7
S 22'46'05 W
405.93
L8
N 45-46 18 W
158.73
L9
N 50'23 40' W
48.37
L 10
N 3749 49 E
169.00
L l l
N 52' 10 11 W
4.00
L 12
S 52' 10 11 E
4.00
L 13
N 3749'49 E
307.70
L 14
N 44' 1 1.33A E
198.40'
L 15
N 42'3J'O1 E
297.36
L 16
N 30'29 52' W
4.00'
L 17
N 59'30 08 E
309.29
L 18
S 35*47 24 E
9.00
L 19
N 38'4724 W
7.00
L20
N 36'25 49 E
2.00
L21
N 39' 13 75' E
220.71 '
L22
N 36'2 135 E
213.71
L23
S 61'58'05 E
42.07
L24
S 62'4S28' E
171.96
L25
S 75'35 08 E
206.70
L26
S 2720 00' W
19.70
L27
S 38'02 21 W
37.36
Q
�JO
J
IRS
2
3
IRS O
19.74'\
hV a93
2
NOTFS:
1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER
.2. THE BOUNDARY INFORMATION SHOWN HEREON /S
FIELD SURVEY BY THIS FIRM.
J. CURRENT OWNER OF RECORD: H.K. BENHAM, lll, I
INSTRUMENT NO. 0.1
4. THE PROPERTY SHOWN HEREON LIES ENTIRELY Wl
FLOODING, PER FLOOD INSURANCE RATE MAP COI °
DATE: 10/09/03
BOUNDARY SURVE
SCALE: 1" = 400'
OF THE LAND OF
DRAWN BY: S" HARRY L. MCCANN LAN[
FTLE N0. 2780SV
STONEWALL MAGISTERIAL DISTRICT, FREDERI
SB= 1 OF 1
. TM 44-((A))-260 I v
271.3968 ACRES (TOTAL) I
1
o
� I
w
CD
I
es �
7
93-C
WLIWAN ROAD
VA. ROUTE �BENIaY
'0, PRE8CR1Pn
)THER THAN SHOWN MAY EXIST.
N IS BASED ON A CURRENT
lll, TRUSTEE (OF HARRY L. MCCANN LAND TRUST)
10. 010015746
-LY WITHIN FLOOD ZONE "C , AREAS OF MINIMAL
p COMMUNITY PANEL NUMBER 510063 0105 B, DATED JULY 17, 1978.
VEY
,.41 LTH OFof
A. EDENSAND
TRUST
(ORICHARD
o.002550
COUNTY, VIRGINIAd
04OERICK
svR�ti�
400 0 400
GRAPHIC SCALE (IN FEET)
DATE I REvisic
rm.
1O.UU • aci
C1IRS
7 15.70' to
�^-- IRS L27 IRS 4
IRS
L?O M <
A C7
I�, TM 44-((A))-25 `OI Z CA
m m
�O
N
O
400
I FEET)
C?1
CURVE DATA
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
C1
719.34
169.35
159.02
S 31'4135 W
1?'4131
C2
1611.28
709.96,
109.94
S 2.3'2332' W
03'5436
C3
632 5 114
149.99
749.99
S 22'06 58 W
O1'21 29
C4
4100.23
149.98
149.97
S 23'50 35 W
02'05 45
C5
561.23
1 19.55
119.32'
S 18'47 20' W
12' 12 16'
C6
765.59
139.61
139.42
S 1 T54 39 W
10'26 54
C7
54691.24
350.00
350.00
S 22'57'06 W
00'2200"
CB
679.66
202.20
201.46
S 31'11 13 W
17-0244
C9
224.54
125.54
123.92
S 23'41 32 W
32'02 07
CIO
162.83
141.12
137.64
N 67'53 O 1 W
44' 13 27
C11
6304.85
508.70
506.56
N 48'04 58 W
04'3722
C12
1932.08'
327.58
327.19
N 42-41'15' E
09'4252
C13
2642.93
30.67
30.07
N 38'08'06 E
00'3621
C74
2544.93'
S49.1
5546.29
N 53'58'02' E
11'03'34"
C 15
5745.65'
531.78
531.59
N 56'51 42 £
05' 18'11 "
C16
5754.65
301.31
301.27
N 52'42 36 E
03'00 00
C17
5747.65
74,52.64
1476.54
N 43'49'13' E
14'4647'
C 18
1557.35
45.15
45,15
S 61 '09 11 E
013748
C19
20064.30
299.99'
299.99'
S 62'2346 E
00*51'24"
C20
6O4.83
179.2
1178.89
S 69'12 78 E
12'45 40
C21
2913.16
39.94
39.94
S 26'66 27 W
00'4 708
C22
10071.34
150.00
150.00'
S 26'54 75' W
00.51 12
C23
592.80
1 19.59
1 19.39
S 32' 15 35 W
1 1.33 32
REVISION
Founded in 1971
Lnaiw�n
GRUTtMAY ENGINEERING
161 Windy Hill Lane
Winchester, Virginia 22602
Telephone 640-662-4166
FAX 640-722-M
CD
W
N
VIR(31N1A: FREDERICK COUNTY, SCT.
This instrument of writing was produced to me on
at 0, 56 AyY1
:.nd wi u nifi tc of acJmowlcdgcmcnt thereto annexes
,as
a mfited to record. T imposed by Sec. 58.1-802 of
.o
'a'� 58.1-801 have been paid, if assessable
l�L , Cicrk
� 6i
IN
KkRRISON A JOHNSTON
ATTORNEYS AT LAW
µiNCHCSTEP, MAGMA
0
00025588
0
r�
THIS
DEED, made
this day of
2003,
between H.
K. Benham
III Trustee (of Harry
L. McCann Land
TrustL, a
Memorandum
of which is recorded in
the Clerk's Office
of the Circuit Court of Frederick County, Virginia in LR
fiO10015745, of the one part, hereinafter called the Grantor; and
Crider & Shockey, Inc of West Virginia, a West Virginia
corporation authorized to do business in the Commonwealth of
Virginia, of the other part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00), cash in hand paid and other valuable
consideration, receipt whereof is hereby acknowledged, the
Grantor does grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantee, in fee simple,
together with all rights, rights of way, privileges and
appurtenances thereto belonging, all of those three (3) certain
tracts of land, collectively containing 271.3969 Acres, more or
less, lying on the West side of Milburn Lane and on the East
side of the CSX Railroad in Stonewall Magisterial District of
Frederick County, Virginia (TAX MAP NOS. 43-A-158, 44-A-25 and
44-A-26) and being more particularly described by plat dated
October 9, 2003 and entitled "Boundary Survey of the Land of
Harry L. McCann Land Trust" and recorded in the Clerk's Office
of the Circuit Court of Frederick County, Virginia i:i�
and being the same property conveyed to
the Grantor herein by H. K. Benham, III and Judith McCann
Slaughter, Executors of the Estate of Harry L. McCann by deed
dated October 26, 20o0 and recorded in the aforesaid Clerk's
Office in LR V010015746.
GKTLCI "01C)Y P.o.i�ox as3o
A, ucri���,�A zz( w
0
HARRISON A JOHNSTON
ATTo"EY6 AT LAW
YANCHEMP, MON A
a
N
CJl
This conveyance is made subject to all legally enforceable
restrictive covenants and easements of record affecting the
aforesaid realty.
WITNESS the following signature and seal:
(SEAL)
H. K. Benham, III, Trustee
(of Harry L. McCann Land
Trust), a Memorandum of which
is recorded in the Clerk's
Office of the Circuit Court
of Frederick County, Virginia
in LR 9010015745
STATE OF VIRGINIA, AT LARGE,
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this
3 ' day of � Y.G�� , 2000, by H. K. Benham, III,
Trustee (of Harry L. McCann Land Trust), a Memorandum of which
is recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in LR 90100157745).
My commission expires ✓/ ��S
(SEAL)a Notary Public
.m
- 2 -
Frederick County
Page 1 of 1
Frederick County, Virginia
C. William Orndoff, Jr., Treasurer
e-mail "Bill" Orndoff r F
e-Treasurer
Payment Options
Payment Help
Inquiry Options
Inquiry Help
--`Inquiry Options
Real Estate Tax
Personal Property
Real Estate Paid
Pers. Prop. Paid
Return
e-Treasurer Home
e-Commissioner Home
Frederick County Home
Real Estate Public Inquiry Ticket Detail
2011 REAL ESTATE TAXES
Department# : RE2011 Ticket #: 84580002 FRQ: 2 Sup#: 0
Name: CRIDER & SHOCKEY INC OF WV Account#: 8680
Name 2: Map#: 43 A 158
Address: PO BOX 2530 Description: 50.33 ACRES
WINCHESTER VA
22604
Bill Date: 04/18/2011 Due Date: 12/05/2011
Land: $1,819,700 Improve: Use: Minerals:
Original Bill: $4,958.68 Pavments: $4,958.68- Acres: 50.33
Penalty Paid: Int Paid:
Amount Owed: Other: Last Date: 12/07/2011
Total Owed: Penaltv: Interest:
Note that if payment has been received xvithin the last 10 business days, any returned items may not be posted at this
time. Please check the website again.
11
Bate
Type
Transaction =
:amount
Balance
4/18/2011
Charge
0
S4.958.68
S4.958.68
12/7/2011
Payment
37115
(S4.958.68)
S0.00
1
n
U
0
https://taxes. co. frederick.va.us/Applications/TRApps/REIindex.htm
3/23/2012
Frederick County
Page 1 of 1
Frederick County, Virginia'',
C. William Orndoff, Jr., Treasurer
e-mail "Bill" Orndoff r ;
e-Treasurer
Payment Options
Payment Help
Inquiry Options
Inquiry Help
--•Inquiry Options
Real Estate Tax
Personal Property
Real Estate Paid
Pers. Prop. Paid
Return
e-Treasurer Home
e-Commissioner Home
Frederick County Home
Real Estate Public Inquiry Ticket Detail
2011 REAL ESTATE TAXES
Department# : RE2011 Ticket #: 84590002 FRQ: 2 Sup#: 0
Name: CRIDER & SHOCKEY INC OF WV Account#: 8880
Name 2: Map#: 44 A 25
Address: PO BOX 2530 Description: 51.68 ACRES
WINCHESTER VA
22604
Bill Date: 0411812011 Due Date: 12/05/2011
Land: S1,846,000 Improve: Use: Minerals:
Original Bill: $5,030.35 Payments: $5,030.35- Acres: 51.68
Penalty Paid: Int Paid:
Amount Owed: Other: Last Date: 12/07/2011
Total Owed: Penalty: Interest:
Note that if payment has been received within the last 10 business days. any retumed items may not be posted at this
time. Please check the website again.
11
Date
Type
Transaction »
:amount
Balance
4/18/2011
Charge
0
S5.030.35
S5.030.35
12/7/2011
Payment
37115
(S5.030.35)
S0.00
1
h
https://taxes. co. frederick.va.us/Applications/TRApps/REIindex.htm
3/23/2012
Frederick County
Frederick County, Virginia
C. William Orndoff, Jr., Treasurer
e-mail "Bill" Orndoff
e-Treasurer Real Estate Public Inquiry Ticket Detail
Payment Options 2011 REAL ESTATE TAXES
Payment Help Department# : RE2011 Ticket #: 84600002 FRQ: 2 Sup#: 0
Inquiry Options
Inquiry Help CRIDER & SHOCKEY INC OF WV 8881
Name: Account#:
—"Inquiry Options Name 2: Map#: 44 A 26
Real Estate Tax Address: PO BOX 2530 Description: 170.00 ACRES
Personal Property WINCHESTER VA
Real Estate Paid
22604
Pers. Prop. Paid
Rm nnta• 0411812011 n„P nata• 12/05/2011
Return
e-Treasurer Home Land: $1,866,100 Improve: $1,200 Use: Minerals:
e-Commissioner Home
Frederick County Home Original Bill: $5,088.39 Pavments: $5,088.39- Acres: 170.00
Penalty Paid: Int Paid:
Amount Owed: Other: Last Date: 12/07/2011
Total Owed: Penalty: Interest:
Note that if payment has been received within the last 10 business days. anv returned items may not be posted at this
time. Please check the website a,ain.
Date
Type
Transaction #
Amount
Balance
4/18/2011
Charcye
0
S5.088.39
S5.088.39
12/7/2011
Payment
37115
(S5.088.39)
S0.00
1
https://taxes.co.frederick.va.us/Applications/TRApps/R-lindex.htm
0
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PLANNING COMMISSION MELTING
April 11, 2012
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RC: REZONING APPLICATION 403-12 FOR GRAYSTONE CORPORATION
The Frederick County Board of Supervisors will be meeting on Wednesday, April 25, at 7:15 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 903-12 of Graystone Corporation, to revise proffers associated with Rezoning #09-09,
approved by the Board of Supervisors on January 27, 2010. This revision relates to the "Transportation
Improvements" section of the proffers. The properties are located on the north side of Redbud Road
(Route 661), the east side of CSX Railroad, the west side of Milburn Road (Route 662) and the south
side of McCanns Road (Route 838), in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 43-A-158, 44-A-25 and 44-A-26.
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. us.
Sincerely,
John A. Bishop, AICP
Deputy Director of Transportation
JAB/bad
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
0
This is to ert'fy that the attached correspondence was mailed to the following on
J from the Department of Planning and Development, Frederick
County. Virginia : 43 A 157
43 -A- • 158- ZINN PATRICIA A
CRIDER & SHOCKEY INC OF WV RATCLIFF DOROTHY C
PO BOX 2530 506 REDBUD RD
WINCHESTER VA 22604.1729 WINCHESTER VA 22603.4736
43 - A- - 140-
WEBER MICHAEL S
1912 MARTINSBURG PIKE
WINCHESTER VA 22603.4708
43 • A• • 146-
K & J INVESTMENTS LC
1800 MARTINSBURG PIKE
WINCHESTER VA 22603.4707
43 - A- - 154-
SHENANDOAH VALLEY BATTLEFIELDS
FOUNDATION
PO BOX 897
NEW MARKET VA 22844.0897
43 - A- - 155-
BRAGG DAVID
PO BOX 174
43 - A- - 159-
R & J LAND DEVELOPMENT LLC
1631 REDBUD RD
WINCHESTER VA 22603.4763
43 _ A• • 159-A
KIRBY JANICE MARIE
541 REDBUD RD
WINCHESTER VA 22603.4752
44 - A- - 25•B
SLAUGHTER JUDITH MCCANN
& MARSHALL ELLEN L TRUSTEES
562 MILBURN RD
WINCHESTER VA 22603.4724
CLEAR BROOK VA 22624.0174
43 - A- - 156-
J J J A ASSOCIATES
CIO DRIGGS ASSOC
8700 ASHWOOD DR
CAPITOL HEIGHTS MD 20743.3727
�Jo1in - Bishop, T• ry )ortat' n Planner
Frederick C L1nty Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaic, do 1 nvz, certify that John' Bishop, Transportation Planner For the Department of
Planning c ld Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State a id ounty aforesaid. �9
Given under my hand this �1/l� clay of 'o �s�•
Iv1y commission expires on
BE�..E•B-'Ly H. DELLINGEi%
NOTARY pUHLIC
REGISTRATION
COMMpN'EALT1-1 Of
MY COMMISSION
JULY 31..,2O ..� ._ ..
NOTARY U1 LLIC
44 - A- - 27- •
MBC LC
333 WOOD AVE
WINCHESTER VA 22601-3052
44 - A- - 28-B
UNGER KENNETH R
288 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-C
BODEN ROBERT R JR
BODEN MARSHA
210 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-G
JOBE ALLEN B
JOBE VELDA D
230 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-H
HOLLIDAY MARTHA OMPS
130 MARQUIS CT
WINCHESTER VA 22603.4723
44 -A- - 31-A
STEPHENSON ASSOCIATES LC
PO BOX 2530
WINCHESTER VA 22604.1729
44D - 3- - 8-
BIG 0 PARTNERSHIP
1800 MARTINSBURG PIKE
WINCHESTER VA 22603.4707
54 - A- - 88-
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES
1156 15TH ST NW STE 900
WASHINGTON DC 20005.1717
55 - A- - 3-
SHENANDOAH VALLEY BATTLEFIELDS
FOUNDATION
PO BOX 897
NEW MARKET VA 22844-0897
0
COUNTY of I+REDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PLANNING COMMISSION MEETING
April 6, 2012
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RC: REZONING APPLICATION #03-12 FOR GRAYSTONE CORPORATION
The Frederick County Planning Commission will be meeting on Wednesday, April 18, 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 #03-12 of Graystone Corporation, to revise proffers associated with Rezoning #09-09,
approved by the Board of Supervisors on January 27, 2010. This revision relates to the "Transportation
Improvements" section of the proffers. The properties are located on the north side of Redbud Road
(Route 661), the east side of CSX Railroad, the west side of Milburn Road (Route 662) and the south
side of McCanns Road (Route 838), in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 43-A-158, 44-A-25 and 44-A-26.
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. fi•ecieriek.va.us.
Sincerely,
Li
John A. Bishop, AICP
Deputy Director of Transportation
JAB/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to cer if), that the attached correspondence was nlalled to the following on
{� from the Department of Planning and Development, Frederick
County, Virginia:
43 • A• • 157•
43 • A- • 158• ZINN PATRICIA A
CRIDER & SHOCKEY INC OF WV RATCLIFF DOROTHY C
PO BOX 2530 506 REDBUD RD
WINCHESTER VA 22604.1729 WINCHESTER VA 22603.4736
43 - A• - 140• 43 • A- - 159-
WEBER MICHAEL S R & J LAND DEVELOPMENT LLC
1912 MARTINSBURG PIKE 1631 REDBUD RD
WINCHESTER VA 22603.4708 WINCHESTER VA 22603.4763
43 . A- . 146- 43 - A• • 159-A
K & J INVESTMENTS LC KIRBY JANICE MARIE
1800 MARTINSBURG PIKE 541 REDBUD RD
WINCHESTER VA 22603.4707
43 . A- . 154- WINCHESTER VA 22603-4752
SHENANDOAH VALLEY BATTLEFIELDS 44 . A• . 25•B
FOUNDATION SLAUGHTER JUDITH MCCANN
PO BOX 897 & MARSHALL ELLEN L TRUSTEES
NEW MARKET VA 22844.0897 562 MILBURN RD
43 • A• • 155• WINCHESTER VA 22603.4724
BRAGG DAVID
PO BOX 174
CLEAR BROOK VA 22624-0174
43 . A• • 156-
J J J A ASSOCIATES
CIO DRIGGS ASSOC
8700 ASHWOOD DR
CAPITOL HEIGHTS MD 20743.3727 /. c! ihn A. lshop, "fransp -t ion P ant r-
-/ I'l-cdcl-ick County hlannii g ept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, �lC�g�l�
, a Notary Public in and for the State and County
aforesaid, do ercby certify that .Iohishop, Transportation Planner for the Department of
Planlllllg ail Dcvc1opmcnt, whose name is slgl7Cd to the foregoing, dated
has personally appeared before me and acknowledged the same ill my
State anc C unty aforesaid.
Given under illy hand this —��� clay of
NI}' Commission eSpll'CS Oil _ '3—
gEVERL-Y H. D_ ELLINGER
NOTARY PUBLIC
REGISTRATION N 331878
COMMONWEALTHLA
MY COMMISSION EXPIRES
1ULY 31,2015
% L!L
NOT, IM P LIC
44 • A- • 27-
MBC LC
333 WOOD AVE
WINCHESTER VA 22601.3052
44 - A- - 28-B
UNGER KENNETH R
288 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-C
BODEN ROBERT R JR
BODEN MARSHA
210 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-G
JOBE ALLEN B
JOBE VELDA D
230 MILBURN RD
WINCHESTER VA 22603.4721
44 - A- - 28-H
HOLLIDAY MARTHA OMPS
130 MARQUIS CT
WINCHESTER VA 22603-4723
44 -A- - 31-A
STEPHENSON ASSOCIATES LC
PO BOX 2530
WINCHESTER VA 22604.1729
44D - 3- - 8-
BIG 0 PARTNERSHIP
1800 MARTINSBURG PIKE
WINCHESTER VA 22603.4707
54 - A- - 88-
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES
1156 15TH ST NW STE 900
WASHINGTON DC 20005.1717
55 - A- - 3-
SHENANDOAH VALLEY BATTLEFIELDS
FOUNDATION
PO BOX 897
NEW MARKET VA 22844-0897
�Ys-?V AJ
Graystone Corporation PrOWY
V
TO: BARBARA-DATA PROCESSING
FROM:BEV - Pi Wing Dept.
Please print sets of labels by
' l? H NKS!
Ad
Source: Fredenck County GIS. May 2009