HomeMy WebLinkAbout08-12 Eastgate Commerical - Shawnee Proffer Revision - Backfile0.
REZONING TRACKING SHEET
Check List:
Application Form Fee & Sign Deposit _
Proffer Statement Deed _
Impact Analysis Plat/Survey _
Adjoiner List Taxes Paid Statement
File opened
Reference manual updated/number assigned
D-base updated
Copy of adjoiner list given to staff member for verification
Color location maps ordered from Mapping
Application Action Summary updated
Planning Commission Meeting ACTION: FUL�
Board of Supervisors Meeting ACTION:
Signed copy of Resolution received from County Administrator and
placed in Proffers Notebook together with proffers
% 3 Approval (or denial) letter mailed to applicant/copy to file and cc's
Reference manual updated
D-base updated
Application Action Summary updated
File given to Mapping to update zoning map
Zoning map amended
Sys ID #
COrI2�J ICI
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
January 11, 2013
Ron Mislowsky, PE
Patton Harris Rust & Associates
117 E. Piccadilly St., Ste. 200
Winchester, VA 22601
RE: REZONING -808-12, EASTGA"I r COMMERCIAL
PINS: 76-A-53J, 76-A-53K, 76-A-53L, 76-A-53M and 76-A-53N
Dear Ron:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 9, 2013. The above -referenced application was approved to revise proffers
associated «ith Rezoning #02-07. This revision relates to the "Transportation" section of the
proffers. The properties are located west of Front Royal Pike (Route 522 south) at the intersection of
Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Drive, in the Shawnee
Magisterial District.
The proffer statement, originally dated November- 13, 2006, with final revision date of November 1,
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,
/ Jolin A. Bishop, AIC}�'�
Deputy Director - Transportation
JAB/bad
Attachment
cc: Gene Fisher, Shawnee Magisterial District Supervisor
Lawrence Arnbrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Winchester South, LLC, 10055 Red Run Blvd., Ste. 130, Owings Mills, MD 21117
Rod Williams, County Attorney w/original Resolution and Proffers
107 North Kent Street, Suite 202 o Wincliester, Virginia 22601-5000
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REZONING APPLICATION #08-12
EASTGATE COMMERCIAL
Staff Report for the Board of Supervisors
Prepared: December 31, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
Reviewed
Planning Commission: 12/05/12
Board of Supervisors: 01/09/13
Action
Recommended approval
Pending
PROPOSAL: To revise proffers associated with Rezoning 1102-07. This revision relates to the
"Transportation" section of the proffers.
LOCATION: The properties are located west of Front Royal Pike (Route 522 south) at the
intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/09/13 BOARD OF
SUPERVISORS MEETING:
This is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive.
This access was previously proffered out. In addition, the prOlfCl'S C011StRICt the access point and
Clarify the limited access to the parcels on the north side of'Marant0 Manor Drive in this location.
This modification has been modeled and VDOT and Staff are Satisfied that it will function properly
as proposed, although VDOT does note continued reservations in their comment.
1'olloWlnb the public sleeting, a decision i•egan ing this F'ezoning application by the Board of
Super visors would be appropriate. The applicant should be prepared to adequately ad(h•ess all
concuss raised by the Boal•ll of Supervisors.
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Rezoning 1108-12 — Gastgate Commercial
December 31, 2012
Page 2
This report is piepai-ed by the Frederick County Planning Stiff to provide information to the
Planninb Commission and the Board of Supervisors to assist them in making a decision oil this
application. It may also be Useful to others interested in this zoning mattes-. Uni-esolved issues
concerning this application ai-e noted by staff ivhere relevant throughout this staff 1'epod.
Reviewed
Planning Commission: 12/05/12
Board of Supervisors: 01/09/13
Action
Recommended approval
Pending
PROPOSAL: To revise proffers associated with Rezoning 1/02-07. This revision relates to the
"Transportation" section of the proffers.
LOCATION: The properties are located west of' front Royal Pike (Route 522 south) at the
intersection of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY II) NUMBERS: 76-A-53.1, 76-A-53K, 76-A-53L, 76-A-53M and 76-A-53N
PROPERTY ZONING: 132 (General Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
B2
Use:
Commercial
South:
RA
Use:
Residential/Ag
Last:
RA
Use:
Residential
West:
MI
Use:
Distribution Centel -
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: VD01 staff has Completed the technical review of the revised
TIA for the Winchester South Median Crossover for Lots 3A & 3B and also the revised proffers
dated October 2, 2012. We concur with the analytical findings of the TIA and leave no additional
comments on the revised proffers. Tlierefore, VDOT would allow the installation of the crossover,
if the County approves the proffer amendment. Even though the TIA shows the crossover working
and there are no regulations that would prevent its installation, VDOT still leas concerns with the
short weave and how this crossover location will actually fUnCtron UndCr real traffic Conditions.
Please be aware, in the future, should safety issues arise and the crossover becomes problematic,
VDOT could remove the crossover.
Rezoning 1108-12 — Eastgate Commercial
December 31, 2012
Page 3
County Attorney: Please see allached lellerfi-om Rocl Williams, Cotmly, lltloi-ney, clalecl Oclober
2, 2012.
Planning & Zoning:
1) Site History
Previously RA in zoning, these properties were rezoned to B2 as a part of the Eastgate
Commercial center in 2007.
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. [Comprehensh e Policy Plan, p. 1-1]
Ti c ns7)orlalion
The transportation modifications proposed are at a level of detail not addressed by the
Comprehensive Plan. Other aspects of transportation, such as complete streets, have already
been addressed by the previously approved development proffers.
3) Proffer Statement — Originally dated February 9, 2007, with final revision date of
November 1, 2012.
A) Residential Land Use
B) Commercial Land Use
C) Master Development Plan
D) Transportation
Allow left turn access into the parcel from Maranto Manor Drive. This access was
previously proffered out. In addition the proffers Construct the access point and
clarify the limited access to the parcels on the north side of Maranto Manor Drive in
this location.
E) C0111n111nity Facilities
STAFF CONCLUSIONS FOR THE 12/05/12 PLANNING COMMISSION MEETING:
This is a minor proffer revision to allow left turn access into the parcel front Maranto Manor Drive.
This access was previously proffered out. h1 addition the proffers construct the access point and
clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location.
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Rezoning 1108-12 — Gastgate Commercial
December 31, 2012
Page 4
This modification has been modeled and VDOT and Staff are satisfied that it will function properly
as proposed.
ING COMMISSION SUMMARY & ACTION Or THE MEETING Or 12/05/12:
The applicant's representative stated that a full TIA was submitted, allowing VDOT to evaluate the
levels of service at this entrance, as well as the effects on Route 522; he said VDOT approved the
TIA, along with the revised version of the proffers.
There were no citizen comments.
Commissioners noted this was a minor revision and was good planning. I'L11-thel-11101-C, It was
recognized the revision was VDOT approved and staff had concurred with VDOT's approval. No
issues were raised and the Commission unanimously rcconunencled approval.
(Note: Commissioners Thomas and LcmieLIX were absent from the meeting.)
Following the public meeting, a decision 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
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EASTGATE _ ,)
COMMERCE CENTER
Subdivision
�,;
S Rezoning n
Parcels ,+
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Building Footprints +
B1 (Business. Neighborhood District)
B2 (Business, General Distrist) `
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District) ;
HE (Higher Education District)
M1 (Industrial. Light District)
M2 (Industrial. General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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1`111111111k, IL
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REZ # 08 - 12
Note:
Frederick County Dept of
Eastgate Commercial
Planning & Development
PINS:
107 N Kent St
76 - A - 53J. 76 - A - 53K.
Suite 202
e
76 - A - 53L, 76 - A - 53M.
Winchester, VA 22601
76 -A - 53N
540 - 665 - 5651
Map Created: November 9, 2012
Staff: afanar
0 75 150 300 Feet
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be compleled by Planning Stc?l ro
Fee Amount Paid $JAI
Zoning Amendment Nwnber Date Received /
C BOS Hearin Date {;
PC Hearing Date /.��. ,�/.".� g �
The follolving inJavnation 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: Patton Harris Rust & Associates 'Telephone: (540) 667-2139
c/o Ron Mislowsky, PE
Address: 117 E. Piccadilly Street, Suite 200
Winchester VA 22601
2. Property Owner (if different than above)
Name: Winchester South, LLC Telephone: (410) 356-5820
Address: 10055 Red Run Boulevard, Suite 130
Owincs Mills, MD 21 1 17
3. Contact person if other than above
Name:
Telephone:
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments X
Plat X Fees X
Deed to property x Impact Analysis Statement X
Ve►•ification of taxes paid X Proffer Statement X
IV)
0
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Winchester South LLC
6. A) Current Use of the Property: Vacant
B) Proposed Use of the Property: Commercial
7. Adjoining Property:
PARCEL ID NUMBER USE ZONING
76-A-53K Vacant B-2
8. Location: The property is located at (give exact location based on nearest road and distance
fi•om nearest intersection, uslllg road (lames alld I.Oute IM111bel-s):
The Property is west of Route 522 South (Front Royal Pike) at the intersection
of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto
Manor Drive.
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9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): /Z
Owner(s):
14
Date: I I • Z- t �r_..
Date:
Date: S l y i 2
Date:
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents: That I (We)
(Name) Winchester South, LLC
(Phone) (410) 356-5820
(Address) 10055 Red Run Boulevard Suite 130, Suite 130 Owings Mills, MD 21117
the owner(s) of all those tracts or parcels of land ("Property") conveyed to ►ne (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County oi'Frederick, Virginia, by
Instrument No. 17759
on Page
Tax Map 76-A-53K
do hereby make, constitute and appoint:
and is described as
(Name) Patton Harris Rust & Associates/A Pennoni Company (Phone) (540) 667-2139
(Address) 117 E. Piccadilly Street, Winchester, VA 22601
To act as my tnic and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
X Rezoning (including proffers)
Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
Variance or Appeal
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year fi•om the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, 1 (we) have hereto set my (our) hand and scat this / 5 (lay of 4- , 20
Signahire(s) -�—' -,'5- " ' C'tr7 }"
/L1AeYt A`1\
State of U-ifginia; Cit Cotul of
CA2Ro c-c__
TO -Wit:
1, he 11 y A . KA /AP D a Notary Public in and for the jurisdiction aforesaid,
certify that the person(s) who signed to the foregoing instrument personally appeared before Inc ar,d itas
acknowledged the same before me in the jurisdiction aforesaid this 15 4 day of s,-, 20 ti 2- .
My Commission Expires:
ota y Public
• 0
REZONING APPLICATION 908-12
EASTGATE COMMERCIAL
COS Staff Report for the Planning Commission
Prepared: November 13, 2012
Staff Contact: John A. Bishop, AICP, Deputy Director -Transportation
w
Reviewed Action
Planning Commission: 12/05/12 Pending
Board of Supervisors: 01/09/13 Pending
PROPOSAL: To revise proffers associated with Rezoning 902-07. This revision relates to the
"Transportation" section of the proffers.
LOCATION: The properties are located west of Front Royal Pike (Route 522 south) at the
intersection Of Front Royal Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/05/12 PLANNING
COMMISSION MEETING:
This is a minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive.
This access was previously proffered out. In addition, the pl•Offel•S C011StrUCt the aCCCSS point and
clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location.
This modification has been modeled and VDOT and Staff are satisfied that it will function properly
as proposed, althOUgh VDOT does note Continued reservations in their comment.
A recommen(lation regarding this rezoning application to the Board of Snpervisors would be
appropriate. The applicant should be prepared to alleguately allllress all conceives raised bh the
Planning Commission.
•
Rezoning 1108-12 — Eastgate Commercial
November 13, 2012
Page 2
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in slaking a Clecision on this
application. It may also be useful to others interested in this Zoning matte/•. Unresolved issues
collcel-tying this application are noted by Staff Whei-e relevant throughout this staff l'epol't.
Reviewed Action
Planning Commission: 12/05/12 Pending
Board of Superwisors: 01/09/13 Pending
PROPOSAL: To revise proffers associated with Rezoning 02-07. Phis revision relates to the
"Transportation" section of the proffers.
LOCATION: The properties are located west of Front Royal Pike (Route 522 south) at the
intersection of Front Royal_ Pike and Maranto Manor Drive, on the South side of Maranto Manor Drive.
MAGISTERIAL DISTRICT: Sliawnee
PROPERTY ID NUMBERS: 76-A-53J, 76-A-53K, 76-A-53L, 76-A-53M and 76-A-53N
PROPERTY ZONING: 132 (General Business) District
PRESENT USE: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
Nortli: 132 Use: Commercial
South: RA Use: Rcsidcntial/Ag
Last: RA Use: Residential
West: M1 Use: Distribution Centel -
REVIEW EVALUATIONS:
VirV,inia Dept. of Transportation: VDOT staff has completed the technical review of the revised
TIA for the Winchester South Median Crossover for Lots 3A & 3B and also the revised proffers
dated October 2, 2012. We concur with the analytical findings of the TIA and have no additional
comments on the revised proffers. Therefore, VDOT would allow the installation of the crossover,
if the County approves the proffer amendment. Even though the TIA shows the crossover working
and there are no regulations that would prevent its installation, VDOT still has concerns with the
short weave and how this crossover location will actually (Unction under real traffic conditions.
Please be aware, in the filturC, should safety 1SSLIes arise and the crossover becomes problematic,
VDOT could remove the crossover.
• 0
Rezoning 1108-12 — Eastgate Commercial
November 13, 2012
Page 3
County Attorney: Please see allached le!/er.Ji-om Rod IT'illiams, County Allorne}�, dated Oc/ober
2, 2012.
Planning & Zoning:
1) Site History
Previously RA in zoning, these properties were rezoned to B2 as a part of the > astgate
Commercial center in 2007.
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 compoIlents Of CO111111L111ity life. The primary goal Of this plan is t0
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. 1-1_/
Transporlcrlion
The traIsportation modifications proposed are at a level of' detail not addressed by the
Comprehensive Plan. Other aspects of transportation, such as complete streets, have already
been addressed by [lie previously approved development proffers.
3) Proffer Statement — Originally dated February 9, 2007, with final revision date of
November 1, 2012.
A) Residential Land Use
B) Commercial Land Use
C) Master Development Plan
D) Transportation
Allow left turn access into the parcel From Maranto Manor Drive. This access was
previously proffered out. In additi011 the proffers construct the access point and
clarify the limited access to the parcels on the north side of Maranto Manor Drive in
this location.
C) C0111111Llllity Facilities
STAFF CONCLUSIONS FOR THE 12/05/12 PLANNING COMMISSION MEETING:
This is a minor proffer revision to allow left tLll'll access into the parcel from Maranto Manor Drive.
This access was previously proffered Out. In addition the proffers construct the access point and
clarify the limited access to the parcels on the north side of Maranto Manor Drive in this location.
Rezoning 808-12 — Eastgate Commercial
November 13, 2012
Page 4
This modification has been modeled and VDOT and Staff are satisfied that it will function properly
as proposed.
A recommendation regarding- this rezoning application to the Board of Supervisors ivould be
appropriate. The applicant should be prepared to adequately address all concerns raised by the
Planning Commission.
�- ' co o
q CD
RESOLUTION
17JF
Action:
PLANNING COMMISSION: December 5, 2012 - Recommended Approval
BOARD OF SUPERVISORS: January 9, 2013 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 408-12 PROFFER REVISION OF EASTGATE COMMERCIAL
WHEREAS, Rezoning 408-12 Proffer Revision of Eastgate Cominei-clal, to revise the proffers
associated with Rezoning 1102-07 relating to the "Transportation section of the proffers, was considered.
The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a minor proffer revision
to allow left turn access into the parcel from Maranto Manor Drive. Also, the revised proffers construct the
access point and clarify the limited access to the parcels on the north side of Maranto Manor Drive in this
location. The properties are located west of Front Royal Pike (Route 522) at the intersection of Front Royal
Pike and Maranto Manor Drive, on the south side of Maranto Manor Drive, in the Shawnee Magisterial
District, and are identified by Property Identification Numbers 76-A-53J, 76-A-53K, 76-A-53L, 76-A-53M
and 76-A-53N.
WHEREAS, the Planning Commission held a public meeting on this rezoning on December 5, 2012
and forwarded a recommendation of approval; and
WHEREAS, the Board of Supervisors held a public meeting on this rezoning on January 9, 2013; 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 #02-07. The proffer, originally dated February 9, 2007, and amended November 1, 2012, is a
minor proffer revision to allow left turn access into the parcel from Maranto Manor Drive. Also, the
revised proffers construct the access point and clarify the limited access to the parcels on the north side
of Maranto Manor Drive in this location, as described by the application and attached conditions
voluntarily proffered in writing by the applicant and the property owner.
PDRes. 1=37-12
T �'7
O
O
J
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of January, 2013 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Bill M. EwingAye Charles S. Del -laves, Jr. Aye
Gene C. Fisher 1
Aye Christopher L. Collins Aye
A COI'Y ATTEST
.Iohn�� -/i�le—y, Jr.
Frederic]( County Administrator
'-Cu N_l`Y.JCT.
I'l;is instrument of A-ritH)g w-is produced to me on
and with certifical� �chnc�.�! r. anent thereto annexed
was ad�;ittcd to rccorcl. "} a� ii,�;x�scd by See. 58.1-802of
$,lK._. , and 58.1-8I0I hmvc been paid, if assessable.
Clerk
PDRes. d137-12
i
11
130000723
PROFFER STATEMENT
REZONING: RZ # 08 - i 2
B2 with Proffers to B2 with Revised Proffers
PROPERTY: Tax Map Parcels 76-A-53J, 76-A-53K, 76-A-53L, 76-A-53M, 76-A-53N
RECORD OWNER: Winchester South, LLC
APPLICANT: Winchester South, LLC
PROJECT NAME: Eastgate Commercial
ORIGINAL DATE
OF PROFFERS: November 13, 2006
REVISION DATE(S): 2/9/07; 2/10/07; 2/21/07; 2/30/07; 4/17/07; 8/5/12; 9/12/12;
10/2/12; 11/1/12
The undersigned hereby proffers that the use and development of the subject property ("Property"),
as described above, shall be in strict conformance with the following conditions, which shall supersede all
other proffers that may have been made prior hereto. In the event that the above referenced I32 conditional
rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed
withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the
Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day
upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning
may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not
to submit development plans until such contest is resolved, the term rezoning shall include tine day following
entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed,
the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in these
proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development
Plan, Eastgate Cornrnercial" dated November 12, 2006 revised August 15, 2012 (the "GDP") attached as
Attachment A, and shall include the following:
1. Transportation
1.1 The Applicant shall locate entrances to access the site as may be approved by VDOT and
the Frederick County Director of Transportation in accordance with the current version of
the Access Management Guidelines (24 VAC 30-73)Said design shall be supported by
traffic studies deemed necessary by VDOT and subject to VDOT review and approval
during site plan review.
1.1a. The entrance to Lot 3A/3B shall be restricted to a right -in, right -out left -in only as
shown on the Concept Plan. See Attachment Bl.
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Proffer Statement
Winchester South, LLC
1.2 The Applicant shall bond a traffic signal, two northbound left turn lanes, and a westbound
left turn lane at the intersection of Rainville Road and 1 asker Road prior to issuance of a
land disturbance permit for the Property. The Applicant shall construct said improvements
within 180 days of receiving written notice from the County and/or VDOT. (See 2 on
GDP)
1.3 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of
the future project entrance and the existing entrance for the Home Depot Distribution
Center on Maranto Manor Drive: Southbound left turn lane, Southbound right turn lane,
Westbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound
left turn lane. The Applicant shall bond said improvements prior to issuance of a land
disturbance permit and shall construct saidunprovements within 180 days of receiving
written notice from the County and/or VDOT. (See 3 on GDP)
1.4 The Applicant shall bond an Eastbound left turn lane for Maranto Manor Drive at the
intersection of Maranto Manor and Route 522 prior to issuance of a land disturbance permit
for the Property. The Applicant shall construct said improvements within 180 days of
receiving written notice from the County and/or VDOT. (See 4 on GDP)
1.5 The Applicant shall bond an additional northbound left turn lane, an additional eastbound
left turn lane as well as any additional improvements as deemed necessary by VDOT at the
intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for
the Property. The Applicant shall construct said improvements within 180 days of receiving
written notice from the County and/or VDOT. (See 5 on GDP)
1.6 Deleted.
1.7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing
Rainville Road. Said improvement shall be constructed prior to issuance of a certificate of
occupancy for any building on the Property.
1.8 Transportation i nprovements shall be made in conformity with the GDP.
Pedestrian -Bicycle Trail
2.1 The Applicant shall construct a 10 foot public pedestrian -bicycle trail with an asphalt surface
in lieu of sidewalks along the Property frontage on Route 522.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for fire and rescue purposes. Said contribution shall be made at the time of issuance
of the first building permit for the site.
3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for Sheriff's Office purposes. Said contribution shall be made at the time of
issuance of die first building permit for the site.
4. Land Use
4.1 Development on die Property shall not exceed a Floor Area Ratio (PAR) of 25.
4.2 No loading bays shall be visible from Route 522 or Tasker Road.
Page 2 of 4
CD
CD
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C0
V
Proffer Statement Winchester %ulh, LLC
4.3 Automotive fuel sales shall not be permitted on areas identified as Lots 2 or 3B on the GDP.
4.4 Tractor trailer fuel sales shall not be permitted on the area identified as Lot 3A on the GDP.
4.5 Installation of no more than 12 vehicle fueling, stations may be permitted on Lot 3A.
4.6 Should uses proposed on the subject properties exceed trip generation volumes as allowed
by the Traffic Impact Analysis dated Februar.y 9 2012 and revised September 12, 2012,
VDOT may require this traffic study be updated to reflect the actual uses.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
•
Proffer Statement
RespectfuEy subnutted,
Winchester South, LLC
By:
Date: I IZZ4- I
STATE OF `fftG 7fA, AT LARGE
COUNTY, To -wit:
(LJLL
Winchester South, LLC
C J-}-2
The foregoing instrument was acknowledged before ine dvs day of 100'✓&JleFle ,
2012,by M1C/0<,./ C Cel,i6i51
My cominission expires ��/Z � S
Notary Public , D
Page 4 of 4
1a,0
.........
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Attachment A
Generalized Development Plan
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♦qR/es �TASKER go
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� EXISTING B2
2P EX. ZONING: B3
\ WHITE'S STORAGE
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LOT 5
EXISTING: B2
EXISTING RA — 1065 AC
_ 1
LOT I
EX. ZONING+ B2
�•
• LOT 2
�o, .� •
q EXISTING B2
LOT 4
EXISTING B3 — 8.23 AC � `•�i LOT 3B i
EXISTING: B2 LOT 3�
TOTAL — 18.88 AC 4
0
EXISTING, B2
EXISTING HOME DEPOT /
DISTRIBUTION CENTER
EXISTING, M-1
ALL ENTRANCES TO TATE ROADS SHALL BE
LOCATED IN AM) ANCE WITH VDOT ACCES`_
MANAGE MENT,-G- IDELI NES AND APPROVED BY
VDOT A -r5ART OF THE SITE PLAN
APTI- AT
PROCESS.
EASTGATE COMMERCIAL Patton, Harris, Rust &Associates, pc
N, cn y GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601
p \ a VOICE: (540) 667-2139 FAX: (540) 665-0493
N fREX-RICK COUNTY, �IRGQVIA
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Attachment B
Concept Plait
Martinto Manor Drive Access Break
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PROFFER STATEMENT
REZONING: RZ# D� /
B2 with Proffers to B2 with Revised Proffers
PROPERTY: Tax Map Parcels 76-A-53J, 76-A-53K, 76-A-531,, 76-A-53M, 76-A-53N
RECORD OWNER: Winchester South, LLC
APPLICANT: Winchester South, LLC
PROJECT NAME: Eastgate Commercial
ORIGINAL DATE
OF PROFFERS: November 13, 2006
REVISION DATE(S): 2/9/07; 2/10/07; 2/21/07; 2./30/07; 4/17/07; 8/5/12; 9/12/12;
10/2/12; 11/1/12
The undersigned hereby proffers that the use and development of the subject property ("Property"),
as described above, shall be in strict conformance with the following conditions, which shall supersede all
other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional
rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed
withdrawn and shall be null and void. Further, these proffers arc contingent upon final rezoning of the
Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day
upon which the Frederick County Board of County Supervisors (the "Board' decision granting the rezoning
may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not
to submit development plans until such contest is resolved, the term rezoning shall include the day following
entry of a final court order affu:riing the decision of the Board which has not been appealed, or, if appealed,
the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in these
proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development
Plan, Eastgate Conunercial" dated November 12, 2006 revised August 15, 2012 (the "GDP") attached as
Attachment A, and shall include the following:
1. Transportation
1.1 The Applicant shall locate entrances to access the site as may be a)roved by VDOT and
the Frederick Countv Director of Transportation in accordance with the current version of
the Access Management Guidelines (24. VAC 30-73). Said design shall be supported by
traffic Studies deemed necessary by VDO"1' and subject to VDOT review and approval
during site plan review.
1.1a. The entrance to Lot 3A/313 shall be restricted to a right -in, right -out, left -in only as
shown on the Concept Plan. (See Attachment B�
E
Proffer Statement
Winchester South, LLC
L2 The Applicant shall bond a traffic signal, two northbound left turn lanes, and a westbound
left turn lane at the intersection of Rainville 12oad and Tasker Road prior to issuance of a
land disturbance permit for the Property. The Applicant shall construct said improvements
within 180 days of receiving written notice from the County and/or VDOT. (See 2 on
GDP)
1.3 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of
the future project entrance and the existing entrance for the Home Depot Distribution
Center on Maranto Manor Drive: Southbound left turn lane, Soutlbound right turn lane,
Wcstbound right turn lane, Westbound left turn lane, Northbound left turn lane, Eastbound
left turn lane. The Applicant shall bond said improvements prior to issuance of a land
disturbance pernut and shall construct said itmprovetnents within 180 days of receiving
written notice from the County and/or VDOT. (Sec 3 on GDP)
L4 The Applicant shall bond an Eastbound left turn lane for Maranto Manor Drive at the
intersection of M;tranto Manor and Route 522 prior to issuance of a land disturbance permit
for the Property. The Applicant shall construct said improvements within 180 days of
receiving written notice from the County and/or VDOT. (See 4 on GDP)
1.5 The Applicant shall bond an additional northbound left turn lane, an additional eastbound
left turn lane as well as any additional immprovements as deemed necessary by VDOT at the
intersection of Tasker Road and Route 522 prior to issuance of a land disturbance permit for
the Property. The Applicant shall construct said improvements within 180 days of receiving
written notice from the County and/or VDOT. (See 5 on GDP)
1.6 Deleted.
1.7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing
Rwnville Road. Said improvement shall be constructed prior to issuance of a certificate of
occupancy for any building on the Property.
1.8 Transportation improvements shall be made in conformity with the GDP.
2. Pedestrian -Bicycle Trail
2.1 The Applicant shall construct a 10 foot public pedestrian -bicycle trail with an asphalt surface
in lieu of sidewalks along the Property frontage on Route 522.
3. Monetary Contribution to Offset Impact of Development
3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for fire and rescue purposes. Said contribution shall be made at the time of issuance
of the fast building permit for the site.
3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick
County for Sheriff's Office purposes. Said contribution shall be made at the time of
issuance of the first building permit for the site.
4. Land Use
4.1 Development on the Property shall not exceed a Floor Area Ratio (FAR) of .25.
4.2 No loading bays shall be visible from Route 522 or Tasker Road.
Page 2 of 4
0
Prg1 er Statement Winchester South, LLC
4.3 Automotive Fuel sales shall not be permitted on areas identified as Lots 2 or 3B on the GDP.
C4 Tractor trailer fuel sales shall not be permitted on the area identified as Lot 31� on the GDP.
4.5 Installation of no more than 12 vehicle fueling stations map be permitted on Lot 3A.
4.6 Should uses proposed on the subject ptol�erue� exceed trip generation volumes as allowed
by the Traffic Impact Analysis dated February 9 2012 and revised September 12, 2012,
\'DOT may require this traffic study be updated to reflect the actual uses.
SIGNATURES APPEAR ON THE FOLLOWING PAGES
Page 3 of 4
Proffer Statement Winchester South, LLC
Respectfiilly submitted,
Winchester South, LLC
/Lc t
Date:
I
STATE OF V-IRGTl M, AT LARGF,
FR-I;DI✓RICK COUNTY, To-'%1%71t:
The foregoing instrument was acknowledged before ine this rJaay of
2012, by /" l � c li n r, % C / rl;° ,) e-� ;/
My commission expires/�Z --?, ) I S
Notary Public o
Page 4 of 4
•
0
Attachment A
Generalized Development Plan
•
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' LOT 6
EXISTINGt B2
Po,
�P EX. ZONING- B3
WHITE'S STORAGE
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OR
LOT S
EXISTING, B2
ROAD
LOT I
EX, ZONING, B2
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EXISTING II2
LOT 4 rr
XISTING, B2
EXISTING RA — 10.65 AC '•�
EXISTING B3 — 8.23 AC r.J LOT EXISTING,
B2 LOT 3A/
TOTAL — 18.88 AC
.�
EXISTING B2
EXISTING HOME DEPOT /
DISTRIBUTION CENTER
EXISTING, M-1
i
ALL ENTRANCES TO `TATE ROADS SHALL BE
LOCATED IN ACCQ ANCE WITH VDOT ACCES`_
MANAGEMENT GUIDELINES AND APPROVED BY
VDOT A, -,-FART OF THE SITE PLAN
APYL-ATION PROCESS.
EASTGATE COMMERCIAL Patton, Harris, Rust & Associates, pc
GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St. Winchester, Virginia 22601
O ti fREDERICK COUNTY I�IRC/N14 VOICE: (540) 667-2139 FAX: (540) 665-0493
Attachment B
Concept Plan
Maranto Manor Drive Access Break
- _ ASPHALT
EX. ASPHAIT-
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PROFFER STATEMENT
REZONING: IZz # G �; 'lam
B2 with Proffers to 132 with Revised Proffers
PROPFIBAY: Tax Nlap Parcels 76-t\-53J, 76-i\-53[,,, 76-;\-531., 76-z\-53N1, 76-A-53N
RECORD O\CNN] R: Winchester South, LLC
APPLIC\NT: Winchester South, I,I.0
PROJECT NAME: Fastgate Commercial
ORIGINAL DATE
OF PROFFERS: November 13, 2006
REVISION DATE(S): 2/9/07; 2/ 10/07; 2/21 /07; 2/30/07; 4/ 17/07; 8/5/ 12; 9/ 12/ 12;
10/2/12; 11/l/12
The undersigned hereby Proffers that the use and development of the subject Property ("Property"),
as described above, shall be in strict conformance with the following conditions, which shall supersede all
other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional
rezoning is not granted as applied for by the applicant ("t\pplicant"), these proffers shall be deemed
withdrawn and shall be null and void. I"urther, these proffers are contingent upon filial rezoning of the
Property with "final rezoning" defined as that rezoning which is in effect on the clay following the last clay
upon which the Frederick County Board of Count)' Supetvisors (tile "Board") decision granting the rezoning
may be contested In the appropriate court. If the Board's decision is contested, and the Applicant elects not
to submit development plans until such contest is resolved, the term rezoning shall include the clay following
entry of a final court order affirming the decision of the I3oard which has not been appealed, or, if appealed,
the day following which the decision has been affirmed on appeal. The tel•m "Applicant" as referenced
herein shall include within its meaning all future owners and successors in interest. When used in these
proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development
Plan, Eastgate Commercial" dated November 12, 2006 revised August 15, 2012 (the "GDP") attached "is
Attachment A, and shall Include the following:
1. Transportation
1.1 The Applicant shall locate entrances to access the site as may be approved by VDur and
the Frederick County Director ofTrans in accordance wail the current version of
the Access Minagenient Guidelincs (24 VAC 30-73) Said clesign shall be supported by
traffic studies clecmecl necessary by VD01 and subject to V156T review and approval
during site plan review.
l.Ia. The entrance to Lot 3M31i shall be restricted to a right -in right -out left -in only as
Shown on the Concept Plan. See Attachment B).
Proffer• Slulemenl Mncheaver Sonlh, LLC
1.2 The Applicant sliall bond a traffic signal, two northbound left turn lades, and a westbound
left turn lane at the intersection of Rainville Road and Tasker Road prior to issuance Of a
land disturbance permit for the Property. The Applicant shall construct said improvements
within 180 days of receiving written notice from the County and/or VDOT. (See 2 on
GDP)
1.3 The Applicant shall bond a traffic signal and the following turn lanes at the intersection of
the future project entrance and the existing entrance for the Home Depot Distribution
Center on iMaranto Manor Drive: SOLlthbound left tUrn IsnlC, S011tllbollllCl right turn lane,
Westbound right turn lane, \Vestbound left turn lane, Northbound left turn lane, IS1StbOL111CI
left turn lane. The Applicant shall bond said improvements prior to issuance of a land
disturbance permit and shall construct said improvements within 180 days of receiving
written notice from the County and/or VDOT. (See 3 on GDP)
1.4 The Applicant shall bond an Elastbound left turn lane for Maranto [Manor Drive at the
intersection of Maranto \Manor and Route 522 prior to issuance of a land disturbance permit
for the Property. 'I'lle !\ppllCatlt shall Construct said iniprovcnlcnts within 180 Clays of
receiving written notice from the County and/or \/DOT- (Sec It on GDP)
1.5 The Applicant shall bond an additional northbound left turn lane, an additional eastbound
left turn lane as well as any additional improvements as deemed necessary by VDOT at the
intersection of Tasker Road and ROL1tc 522 prior to issuance of a land disturbance permit for
the Property. The Applicant shall CollstrLICt Said improvements within 180 days of receiving
written notice from the County and/or VDOT. (See 5 On GDP)
L.G Deletcd.
1.7 The Applicant shall construct the extension of Maranto Manor Drive to connect to existing
Rainville Road. Said improvement shall be constructed prior to issuance of a Certificate of
occupancy for any building on the Property.
1.8 Transportation improvements shall be made to Conformity with the GDP.
2. Pedestrian -Bicycle Trail
2.1 The Applicant shall construct a 10 foot public pedestrian -bicycle trail with an asphalt surface
III lieu of sidewalks along the Property frontage on Route 522.
3. Monetary Contribution to Offset Impact of Development
3.1 'HIC Applicant shall Contribute the amount Of two thousand dollars (S2,000.00) to Frederick
County' for fire and rescue purposes. Said contribution shall be made at the time of issuance
of the first building permit for the site.
3.2 The Applicant shall contribute the amount Of two thousand dollars (S2,000.00) to Prederick
County for Sheriff's Office purposes. Said contribution shall be made at the time of
issuance of the first building permit for the site.
4. Land Use
=4.1 Development on the Property shall not exceed a floor Area Ratio (1'AR) of 25.
4.2 No loading bays shall be visible from Route 522 or Tasker Road.
Page 2 of 4
Proffer Slnlemenl Winchester South, LLC
41.3 Automotive fuel sales shall not be Permitted oil areas identified as hots 2 or 3I1 on the GDP.
4.4 Tractor trailer fuel sales shall not be permitted on the area identiftted as Lot 3A on the GDP.
4.5 Installation of no more than 12 vehicle fueling stations may be Permittecl on Lot 3A.
4.6 Should uses Proposed on the subject Properties exceed trip generation volumes as allowed
b' the Traffic Impact Analysis elated l"ebruary� 9 2012 and revised September 12, 2012,
VDOT may require this tnAttc Study be undated to reflect the actual uses.
SIGNATURL;S APPL?AR ON 'I'LIL. FOLLOWING PAGES
Page 3 of 4
Proffer Slatel) eni
•
Winchester South, LLC
Respectfully submitted,
wincllcster South, LLC
By:
Datc:
STATE OF VIRGINIA, AT LARGF,
FREDERICK COUNTY, To -wit:
"The foregoing instrument was acknowledged before me this day of
2012, by
My commission expires
Notary Public
Pagc 4 of 4
10/02/2012 11:12 54060370 FREDERICK COLT GOV PAGE n2/04
COUNTY of FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@coftederick.va.us
October 2, 2012
VIA FA.CSIMII,)E; S4Q 665-0493 — AND REGULAR 11')(.AIL
Ron Mislowski, P.E,
Patton Harris Rust & Associates
117 East Piccadilly Street
Winchester, Virginia 22601
Re: Rezoning Application — Eastgate Com nercial.
Proposed Revised Proffer Statement dated September 12, 2012
Dear Ron:
You have submitted to
proposed revised proffer stater
Proffer Statement and it is my
meet the requirements of the F
Virginia, and would be legally
comments:
In the header information
the current zoning, owner
proposed action no longer
concerns a zoning from B
the existing parcel numbe
would apply, are 76-A-53
respectively. Toward thic,
five lots, Wal Mart would
(Lot 1) that was subject tc
to discourage the use of tl
What happens is that the
its presence then can Brea
actual proffer statement.
owner from a proffer stag
rezorung.
crick County for review the above -referenced
(the "Proffer Statement"). I have now reviewed the
ion that the Proffer Statement would be in a form to
-ick County Zoning Ordinance and the Code of
�cicnt as a proffer statement, subject to the following
.or the Proffer Statement, the references should be to
hip, acreage, and parcel status of the Property. The
concerns a zoning from RA/B3 to B2, but instead
! with proffers to B2 with revised proffers. Likewise,
s for Lots 2 through 6, to which the proposed action
76-A-53K, 76-A-53L, 76-A-53M, and 76-A-53N,
end, absent use of the current parcel numbers for the
need to join in the proffer revision, as the owner of a lot
the original 2007 rezoning. Also, Z am now attempting
e word "Proposed" in the titles of'proffer statements.
rord tends to remain after approval of the rezoning and
c confusion as to whether a proffer statement is the
Fhe language in the introductory paragraph protects the
meat having any effect in the event of denial of the
107 North
Street - Winchester, Virginia 2-2601
10/02/2012 11:14AM (GMT-04:00)
10/02/2012 11:12 54060370 FREDERICK COL GOV PAGE 03/04
Ron Mislowski, P.E.
October 2, 2012
Page 2
+ The Proffer Statement references the GDP, but might better state that it is attached
as Attachment A. The materials I received include a slip sheet indicating that the
GDP is Attachment A.
• Along similar lines, Proffer 1.1 a. refers to "the concept plan" and as Attachment
A, but it appears that "the concept plan" should be Attachment B. As well, the
document that is "the concept plan" should be identified as such on its face. Right
now, it is labeled "Maranto Manor Drive Access Break".
Proffers Section 1 — The proffers in this section, generally, refer to a number of
improvements that may or may not have already taken place as a result of the
development of the Wal Mart site. Staff should review these proffers carefully to
ensure that the provisions of the proffers are consistent with the current status of
the transportation facilities. This is particularly true of, but not necessarily limited
to, Proffer 1.3. Also, for clarity in Proffer 1.3, "for the Property" should be added
following "land disturbance permit".
• proffer 1.4 -- The TIA appeared to refer to an additional eastbound right turn lane
on Maranto Manor Drive, from the Lot 3A/3B access to Route 522, yet the
Proffer Statement does not necessarily make clear the Applicant's commitments
with respect to such lane construction on Maranto Manor Drive, from the Lot
3A/3B access to Route 522.
• Proffer 2.1 -- The proffer should commit to a specific time for compliance.
+ Proffer 4.1 — Staff will want to consider how this PAR commitment will interplay
with the existing Wal Mart development that is part of the existing proffer.
arrangements.
• Proffer 4.4 — The proffer excludes gasoline sales to tractor trailers. Most tractor
trailers use diesel. Staff will want to consider that the proffer does not exclude
diesel sales to tractor trailers.
• Proffer 4.5 — The language of this proffer is awkward. Counsel respectfully
submits that language such as "Installation of no more than 12 vehicle fueling
stations for gasoline sales may be permitted on Lot 3A" would meet the same
intent as the current language.
• Proffer 4.6 — The proffer does not identify the "other lots" to which it refers.
10/02/2012 11:14AM (GMT-04:00)
10/02/2012 11:12 54060370 FREDERICK GO* GOV PAGE 04/04
Ron MisloNvAi, P.E.
October 21 2012
Page 3
I have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for taus specific development, as my understanding is that that
review will be done by staff and the Planning Commission,
Sincere ,
Roderick B. Williams
County Attorney
cc: John Bishop, Deputy Director of Planning & Development - Transportation,
Frederick County (via e-mail)
10/02/2012 11:14AM (GMT-04:00)
Mislowsky, Ronald
From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of
Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov>
Sent: Friday, November 02, 2012 8:30 AM
To: Mislowsky, Ronald
Cc: Bishop, John. (VDOT); Short, Terry (VDOT); Ingram, Lloyd (VDOT); Smith, Matthew, P.E.
(VDOT)
Subject: Winch. South Median Crossover-TIA & Proffer Review - Revised VDOT Comments
11/2/12
VDOT staff has completed the technical review of the revised TIA for the Winchester South Median Crossover
for Lots 3A &3B and also the revised proffers dated October 2, 2012. We concur with the analytical findings of
the TIA and have no additional comments on the revised proffers. Therefore, VDOT would allow the
installation of the crossover, if the County approves the proffer amendment.
Even though the TIA shows the crossover working and there are no regulations that would prevent its
installation, VDOT still has concerns with the short weave and how this crossover location will actually
function under real traffic conditions. Please be aware, in the future, should safety issues arise and the
crossover becomes problematic, VDOT could remove the crossover.
Please let me know if you have any questions.
Matthew I3. Smith, P.E'.
.-I reu Land Use P ngincc r
VDOT - Land Development
Clarke. Frederick. Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA 22824
Phone # (540) 984-5615
Fax # (540) 984-5607
0 •
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
1 17 East Piccadilly Street
PH+ Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
To: John Bishop
Organ izationlCompany: Frederick County Planning
Address: 107 N. Kent Street
Winchester VA 22601
Telephone Number:
Date: November 15, 2012
From: Ron Mislowsky, PE
Project Name/Subject: Winchester South Proffer Modification
Via: Internal Project File #:
Quantity File # Date
Notes:
Received by:
Transmittal
Description
Transmitted
Proffer Statement (Revised 11 / 1 / 12)
❑
Herewith
Signed By Winchester South
❑
Under separate cover
Material
❑
Originals
❑
Photocopies
❑
Diskette
- -
❑
Shop Drawings
❑
Mylar
❑
Ozalid Prints
❑
Invoice
❑
Sepia
Purpose
®
Your Use
❑
Your Files
-
❑
Approval
❑
Please Return:
❑
Please Submit:
kevisetl Prints
P� ]!1� gar,
Mr. John Bishop
Frederick County Planning
107 N. Kent Street
Winchester, Virginia 22601
5 Associates—
NOV 2
November 2, 2012 r T
RE: Winchester South Proffer Modification
Dear John,
Please find enclosed materials related to our request for Proffer Modification pertaining to the
Eastgate Commercial Rezoning. In addition to the revised proffer statement dated November 1,
2012, we have attached the Power of Attorney, application fee and comment letters from the
County Attorney and VDOT. As you know the associated revised TIA is quite voluminous. If
you need copies of that document please let me know. The copy provided to you previously has
been approved by VDOT and is unchanged.
The proffer modification would provide that
1. Commercial entrances as allowed by the VDOT Access Management Guidelines may be
installed. This includes a left in to Lot 3A/3B on the south side of Maranto Manor Drive.
2. Uses on the Eastgate lots would be restricted as required by the revised Traffic Impact
Study.
The current proffer addresses comments received from VDOT and the County Attorney. We
hope we can proceed to Planning commission consideration.
Please let me know if you have any questions or comments.
Sincerely,
PATTON HARRIS RUST & ASSOCIATES
A Pennoni Company
Ronald A. Mislowsky, P>
Associate Vice President
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