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HomeMy WebLinkAbout04-19 Perry Properties Shawnee - PIN 64-A-158 - M1 to B2 - Backfile6 0 REZONING TRACKING SHEET Check List: Application Form v' Fee & Sign Deposit Proffer Statement ,� Deed Impact Analysis ✓ Plat/Survey Adjoiner List /�_ Taxes Paid Statement .4414 r10C) a ao ao 1 /94 bo /IAbo Sys ID # 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 Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: d- 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 Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended COUNTY of FREDERICK Dcpartnicnt of Planning and Dcvclopmcnt 540/ 665-5651 Fax: 540/ 665-6395 August 6, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Perry Properties Property Identification Number (PIN): 64-A-158 Dear Evan: I have had the opportunity to review the draft rezoning application for the Perry Properties Commercial Rezoning. This application seeks to rezone 6.18 acres (of a 44.97-acre tract) from the M1 (Light Industrial) District to the B2 (Business General) with proffers. The review is generally based upon the proffer statement dated June 19, 2019 (submitted July 25, 2019). Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny/Eastern Urban Area Plan. The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. 2. Proffer 7. The extension of the 10' asphalt path should be considered along the Route 522. 3. Corridor Enhancements. A landscape buffer to provide corridor enhancements should be considered. Page 2 Mr. Evan Wyatt RE: Perry Properties August 6, 2019 4. Signage. One shared monument sign for the site should be considered. 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney and the Frederick - Winchester Service Authority. 7. Verification of Taxes Paid. Submit tax payment verification. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,618 based upon acreage of 6.81 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 1� 151 Windy I -fill Lane `•Winchester, VA 22602 FNU • 1971 i JUL 2 , 2019 GREENWAY TRANSM�ITT,,,,,-L LNGINLE:R[NG Project Nanic: Perry Properties Commercial Rezoning File No: 0297 Dale: Thu, Jul 25, 2019 TO: FC Planning Attn: Candice Perkins Copied Delivery: Fed Ex U.S. Mail Other From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier R Pick Up ❑ Urgent Q For Your Review R As You Requested 0 Please Conullent Message Hi Candice, Please find attached information specfic to the Perry Properties Conlnlercial Rezoning for your I'evlew and co111lllent. Please contact n1e if you have any questions or need any additional illforlllation i-egal'ding this inattei- of advise Ine when your- coninlent Is available and we will coordinate this with your office. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: COUNTY of FREDCRICK Department ofPlanning and Development 540/ 665-5651 Fax: 540/ 665-6395 October- 8, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Perry Properties — Second Continent Property Identification Number (PIN): 64-A-158 Dear Evan: I have had the opportunity to review the draft rezoning application for the Perry Properties Commercial Rezoning. This application seeks to rezone 6.18 acres (of a 44.97-acre tract) from the M I (Light Industrial) District to the B2 (Business General) with proffers. The review is generally based upon the proffer statement dated September 5, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing hoxv each of the agencies and their comments have been addressed should be included as part of the submission. 1. Corridor Enhancements. Proffer I I regarding landscaping Is ambiguous, a detail should be provided that depicts the buffer — this detail could be made part of the transportation exhibit. 2. Si2na2e. One shared monument sign for the site should be considered. 3. Verification of Taxes Paid. Submit tax payment verification. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,618 based upon acreage of 6.81 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd i 151 Windy I -fill Land,; �rvn r971 Winchester, VA 22602 ' i ir:�' GREENWAY LNGINEE?IZING T R AN S M I-T T A°L f Project Name: Perry Properties, LLC Rezoning Comment Response Letter File No: Date: Fri, Sep 20, 2019 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex ❑ U.S. Mail 0 Courier Pick Up Other ❑ Urgent 0 For Your Review As You Requested 0 Please Comment Message Hi Candice, Please find attached the revised Proffer Statement that has been prepared in response to comments received from VDOT, Frederick County Attorney and Frederick County Planning. Please contact me if you have any questions regarding this information. If not, please forward your comments specific to the revised Proffer Statement at your earliest possible convenience. Thank you, Evan Hand Delivery and Pick Ups Only: f - Received by: Date: `" 2 0 2019 I.J. t: I S � � 4 Please Print Name: 1 �I 151 Windy Hill Lane GREENWAY Winchester, VA 22602 1:NGINE1:RINC, September 19, 2019 Virginia Department of Transportation Attn: Matt Smith, P.E and Bobby Boyce, Land Development Engineer 14301 Old Valley Pike Edinburg, VA 22824 Frederick County Attorney's Office Attn: Rod Williams, County Attorney 107 North Kent Street Winchester, VA 22601 Frederick County Planning Department Attn: Candice Perkins, Assistant Director 107 North Kent Street Winchester, VA 22601 RE: Perry Properties Commercial Rezoning Revised Proffer Statement Comment Response Letter Dear Matt, Bobby, Rod and Candice: I received your review comments specific to the Perry Properties Commercial Rezoning Proffer Statement dated June 19, 2019. There were several comments that were similar from each agency resulting in a fairly comprehensive revision to the Proffer Statement; therefore, I thought it would be more efficient to prepare a joint review agency comment response letter for the purpose of summarizing these revisions. Please note that following information for the revised Proffer Statement dated September 5, 2019: Transportation Improvements Section 1) Proffer A.1 has been revised to provide for the additional right-of-way that will be needed for the Constitution Drive southbound lane widening and for applicable easements that are determined during the public improvement plan approval process. The improvements and easements in this section are required to be completed prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the proffered improvements and easements. Note: This revision is intended to address VDOT Connnent #1 and County Attorney Bullet Point Convnent 3 Project #0297/EAW 2) Proffer A.2 has been revised to provide for the right and left turn lane/tapers that may be determined to be required during the public improvement plan approval process. This section does not commit to specific design standards such as median extension as this will be determined during the public improvement plan approval process. The improvements in this section are required to be completed prior to the issuance Of the first certificate Of' occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the Dull access commercial entrance. Note: This revision is intended to address VDOT Connnent #2 and County Attorney Ballet Posit Connnent 3 3) Proffer A.3 has been revised to provide for the completion Of tine right-in/right-out commercial entrance prior to the issuance of' the first Certificate Of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location Of the right-in/right-Out C0111n1C1'Clal entrance. The general location of the right-in/right-out commercial entrance has been previously discussed with VDOT and will meet the current entrance spacing requirements from the Constitution Drive intersection and from the existing right-in/right-out commercial entrance that is to the west on Millwood Pike. The VDOT comment regarding the right turn lane/taper is addressed in Proffer A.4. Note: This revision is intended to adch-ess County Attorney Bullet Point Conn lent 3 4) Proffer AA has been revised to provide for the completion of the right turn lane between the Constitution Drive intersection and the right-In/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the right turn lane area. This section does not commit to specific design standards as this will be determined during the public improvement plan approval process. Note: This revision is intended to address VDOT Conunent #3 and County Attorney Bullet Point Connnent 4 5) Proffer A.5 has been revised to provide for the completion of the internal private road network between the full access commercial entrance and the right-in/right-out Commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. Note: This revision is intended to address VDOT Comment #2 and #3 specific to inter -parcel connection and County Attorney Bullet Point Comment 4 6) Proffer A.6 provides for additional right-of-way dedication for the B-2 portion of the property along the Millwood Pike frontage and the Proffered Transportation Improvements Exhibit has been revised to provide the dimensions and area for the dedication and to provide for the variable right-of-way width of Millwood Pike; as well as the distance between the right turn lane area and the B-2 portion of the property. Millwood Pike has a variable right-of-way width of 194'± to 198'± along the frontage of the B-2 portion of the property which is more than Project #0297/GAW 2 adequate to accommodate the Comprehensive Policy Plan designation of a 6-lane divided facility when this improvement project is funded in the future by VDOT and Frederick County. The revised Proffer Statement does not provide any commitment for the construction of an additional through lane on Millwood Pike and the property owner has advised that this will not be offered in conjunction with the rezoning request. Note: T his revision is intended to address VD07' Comment #4 and 115 7) Proffer A.7 has been revised to provide for the completion of the 10' asphalt trail along the Constitution Drive frontage of the B-2 portion of the property that is located outside of the public right-of-way prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: 77iis revision is intended to aciclress County Attorney Bullet Pont Comment 4 8) Proffer A.8 has been provided for the construction of a 10' asphalt trail along the Millwood Pike frontage of the B-2 portion of the property that is located within the public right-of-way. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: This new proffer is intended to aciclress VDOT Continent #5 and County Planning Comment #2 9) Proffer A.9 has been revised in its entirety to limit development within the B-2 portion of the property to 3,000 VPD based on actual traffic volumes prior to additional traffic studies being required and provides for requirements for traffic counts to be conducted by the property owner that will be provided to VDOT and Frederick County. Note: This revision is intended to address VDOT Comment #6 and County Attorney Bullet Point Comment 5 10) Proffer A. 10 has been revised to be consistent with the requirements in revised Proffer A.9 and to correct the spelling of Independence Drive. Note: This revision is intended to address VDOT Comment #6 and County Attorney Bullet Point Comment 6 11) Proffer A. I I has been provided to provide additional landscaping along the Millwood Pike frontage of the B-2 portion of the property that is located between the 10' asphalt trail and the parking lot areas to provide for corridor enhancements. The additional landscaping will be designed and installed specific to any Site Plan that has frontage along Millwood Pike. Note: This new proffer is intended to address County Planning Comment #3 Project 40297/GAW 3 Please review the information in this letter and the revised Proffer Statement and Proffered Transportation Improvements Exhibit and advise n1C if you have any questions. II 11Ot, I would al)INCCIatC yOUI- CO111111CIltS IO1' tile 1)1'01)OSCCI I'CVISIOIIS at your earliest possible convenience. Sincerely, j D U Evan Wyatt, Direc or of Land Planning Greenway Engineering Cc: Mike Perry, Perry Properties, LLC Project #0297/EAW 4 Evan Wyatt From: Arthur Boyce <bobby.boyce@vdot.virginia.gov> Sent: Wednesday, August 28, 2019 9:20 AM To: mcheran@co.frederick.va.us Cc: Funkhouser, Rhonda (VDOT); Smith, Matthew, P.E. (VDOT); Evan Wyatt Subject: Frederick County - Route SO -- Perry Properties Commercial Rezoning << ... >> DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Dear Mr. Cheran: We have reviewed the above subject Rezoning Application received July 29, 2019 for impacts to the local transportation system. This application is to rezone a 6.18 acre portion of the existing 44.97 acre parcel from B-2 to M-1. Our comments are as follows: 1. A trigger should be added for the required widening on the southbound lanes of Constitution Drive (A to B) as referenced in Proffer A.1 (for example, prior to issuance of occupancy permit). Additional road right-of-way and utility easements are needed along the frontage to accommodate this widening. The existing 80' right-of-way on Constitution Drive is insufficient for future widening of the 2 lane road to the U41D depicted in Frederick County's Transportation Plan (B to Q. Easements are also needed for construction grading, slope maintenance, drainage, utilities, etc... The inadequate space would render the future widening on Constitution Drive impossible without the voluntary dedication of additional right-of- way and easements from this 44.97 acre parcel. This rezoning provides an opportunity to ensure complete widening of the facility by a developer. Therefore, we suggest that the right-of-way and easements for the U4D (B to C) are secure with the rezoning approval and the 4 lane improvements be tied to the first site plan submission for the M-I portion of the property. 2. The proposed commercial entrance Proffer A.2 on Constitution Drive will require joint -use, interparcel connection, right turn lane & taper, left turn lane & taper, median extension, and curb & gutter. This should be reflected in the proffer statement. 3. The proposed commercial entrance Proffer A.3 on Millwood Pike will require the minimum spacing standard distance, joint -use, interparcel connection, right turn lane & taper, and curb & gutter. This should be reflected in the proffer statement. 4. The future additional through lane Proffer A.4 on Millwood Pike should be installed along the frontage of both the B-2 and M-I zoning when each develop as depicted in the Frederick County Comprehensive Plan. This should be reflected in the proffer statement. 5. For the R/W dedication in Proffer A.6, a dimension should be provided in the text and/or exhibit and should include the residual zoned M-1. We need to verify that the width of the right-of-way dedication will accommodate the County Comprehensive Plan designation of a 6-lane divided facility for US 17/50. Also, the WinFred MPO Bicycle and Pedestrian Master Plan designates a bicycle facility along this section of US 17/.50. Based on the planned typical section of the roadway, we believe a shared use path would be the most appropriate application. At a minimum, the right-of-way dedication should consider a multi-lllodal facility in addition to the planned roadway widening. 6. The Navy Federal TIA background traffic growth assumed 3,000 vehicles per day front the subject property (6,000 SF of Fast Food Restaurant with Drive Thru). The TPOF application improvements now under construction were also based specifically on that intensity of development. Six thousand square feet of a different use could double traffic generated and that could have an unknown impact on the adjacent road network. Therefore, VDOT recommends revising Proffer A.8 and A.9 to 3,000 VPD base on the current version of the ITE Trip Generation Manual, as the maximum development associated with the rezoning. Exceeding this trip threshold would require a proffer amendment with the provision for all additional TIA to determine impacts and recommended mitigation improvements to be provided by the developer. We appreciate the County's efforts to include VDOT in the early planning stages for development and the opportunity to provide comments on this Rezoning. We ask that you include a copy of this transmittal for official public record. If you have any questions or need further information, please do not hesitate to give me a call at (540) 984-5631. Sincerely, Bobby Boyce VDOT- Land Development Engineer Shenandoah, Frederick, Clarke, & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5631 Office of the County Attorney 540/722-8383 Fax 5110/667-0370 August 13, 2019 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Perry Properties Commercial Rezoning Tax Parcel Number 64-A-158 (the "Property") Proposed Proffer Statement dated June 19, 2019 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of the Property, 6.18± acres, more or less, in the Shawnee Magisterial District, from the M1 Light Industrial District to the B2 General Business District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: The correct legal name of the owner now includes "LLC" (following a comma), as State Corporation Commission records show that Perry Properties was a limited partnership (entity nuinber L003283-1) that was a converted to an LLC (entity number S700258-9) on August 17, 2017. A copy of the Certificate of Fact of the conversion was recorded in the Circuit Court partnership records on September 18, 2017, as document 17-215. • Preliminary Matters — The semicolon in the 7th line of the first paragraph should be a comma, so that language in the second half of the sentence is made contingent on the language in the first half of the sentence. Proffers Al, A2, and A3 — These proffers need to state a time for the actual completion of the proffered improvements. 107 North Kent Street o Winchester, Virginia 22601 Mr. Evan Wyatt August 13, 2019 Page 2 • Proffers A4, A5, and A7 — The proffers need to state a more definite time for the actual completion of the proffered improvements than "during the initial Site Plan" and "in conjunction with the initial Site Plan". Proffer A8 — The reference to "after the development of 6,000 gross square feet" would more correctly be phrased as "for development in excess of the first 6,000 gross square feet". • Proffer A9 — "Independent Drive" should be "Independence Drive". I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. T ly, Roderick B. Williams County Attorney cc: Candice E. Perkins, Assistant Director of Planning & Development, Frederick County (via e-mail) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 August 6, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Perry Properties Property Identification Number (PIN): 64-A-158 Dear Evan: I have had the opportunity to review the draft rezoning application for the Perry Properties Commercial Rezoning. This application seeks to rezone 6.18 acres (of a 44.97-acre tract) from the M1 (Light Industrial) District to the B2 (Business General) with proffers. The review is generally based upon the proffer statement dated June 19, 2019 (submitted July 25, 2019). Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Senseny/Eastern Urban Area Plan. The 2035 Comprehensive Plan and the Senseny/Eastern Urban Area Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. 2. Proffer 7. The extension of the 10' asphalt path should be considered along the Route-2�5�-�, 3. Corridor Enhancements. A landscape buffer to provide corridor enhancements should be considered. Page 2 Mr. Evan Wyatt RE: Perry Properties August 6, 2019 4. Signage. One shared monument sign for the site should be considered. 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney and the Frederick - Winchester Service Authority. 7. Verification of Taxes Paid. Submit tax payment verification. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,618 based upon acreage of 6.81 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director P:= t % CEP/pd�1 a, AUG 0 8 2019 Y � 1 J �i�( f• - '� r M l.. it E K' E H. H� � �Ya G 0 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 9, 2020 Mr. Evan Wyatt Greenway Engineering, LLC 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #04-19 Perry Properties, LLC. PIN: 64-A-158 (portion) Dear Mr. Wyatt: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 8, 2020. The above -referenced application was approved to rezone 6.18+/- acres from theM 1 (Light Industrial) District to the B2 (General Business) with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. The proffer statement, originally dated June 19, 2019 and revised on October 17, 2019 that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.061 , the Comity Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not liesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Gene E. Fisher, Supervisor Shawnee District I4. Paige Manuel and Lawrence R. Arnbrogi, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Perry Properties, Mike Perry, 1945 Millwood Pike, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 7o be completed by Plana otafJ' Fcc Amount Paid 14 Zoning Amciuhnent Number Anticipated PC !-tearing Date Date Received Anticipated 130S Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DLPARTNIEN'I' OF PLANNING & DEVELOPNIENT I. Property OlN,ner(s) (please attach additional page(s) if more than tNN,o owners): Name: Perry Properties Specific Contact Person if Other than Abovc: Mike Perry, President Address: 1945 Millwood Pike Winchester, VA 22602 Telephone: (540) 667-4310 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: mperry@perryeng.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, of other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc. Specific Contact Person at Firm: Evan Wyatt, Director of Land Planning Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, Or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power Of attorney form granting t11e firm or person such authority. Page 12 • 4. Project Name (if any): Perry Properties Commercial Rezoning 5. Property Information: a. Property Identification Number(s): 64-A-158 b. Total acreage of the parcel(s): 44.97+/- acres c. Total acreage of parcel(s) to be rezoned (if other than whole parccl(s) is being rezoned): 6.18+/- acres d. Current zoning designation(s) and acreage(s) In each deslgnatloll: M-1 District: 44.97+/- acres e. Proposed zoning dcslQnatlon(s) and acrcage(s) In each designation: B-2 District: 6.18+/- acres M-1 District: 38.78+/- acres f. ivlagisterjal District(s): Shawnee District g. Location - the property is located at (give street address(cs) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and I-olltC nuillbei-s): The portion of Tax Parcel 64-A-158 proposed for B-2 District zoning is located on the north side of Millwood Pike (Rt. 50 East) and the west side of Constitution Drive h. Adjoining Properties: Parcel ID Number Use Zonjng Refer to attached Adjoining Properties Map Exhibit Please attach additional page(s) if necessary Pi'opci-ty identification numbers, magisterial dlstl-lets, and deed book and page llumbei-s/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 Disclosure of' real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant For a zoning Illlcll(llllcllt to make complete disclosure of the cgLlitable ownci-Ship of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all Peal parties of interest. Frederick County has, by County Code § I65-101.09, adopted such an ordinance. For each bLIS1nCSS entity that is all o\\'I1Cr 01' C011tl'aCt pUrchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirenlent does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. Please check that the following items have been included with this application: Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement Proffer Statement (if any) Agency Comments Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pdfs) of all submitted items 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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. Owner: /.�= �_ 1r -\� , ( Date Owner: If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): LICL') C? Date 1 o I t I1 If signing on behalf of an entity, please state name of entity and your title: 1�1�J*I�NL'' If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: 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: Perry Properties, LLC Name of Properly Owner/Applicant Please note: If the property owner/applicant is an entity, the nano of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attomcy from each owner will be needed. 1945 Millwood Pike Winchester, VA 22602 (540) 667-4310 Mailing Address of Property Owner/Applicant 'felepltone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: Tax Parcel 64-A-158 (6.18 +/- acre portion) do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attomey-In-Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attomey-In-Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin , for the above identified property: 71 Rezoning Subdivision 8 Conditional Use Permit M Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: N/A This appointment shall expire olne-year from the day that it is signed, or at such sooner time as I otherwis rescind o modify it Signature \ _J Title (if signing on beha f of an entity) `�— State of V IV C_ � C � , �CounyJCity of i-re(-V cy '� C_ K_ , To wit: 1, �C�Y�:41 -O' a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the sam j efo'c me in the jurisdiction aforesaid this day of f C , 20 IC'l My Commission Expires�i 1Dr � \ �� , Notary Public/ Registration Numbcr:�� 30 c MARY R. HENSLEY NOTARY PUBLIC REG. #7836330 IONWEALTH OF VIRGINIA APRIL 30, 2023 CURVE TABLE CURVE I RADIUS I ARC LENGTH DELTA ANGLE CHORD B I G CORD LENC H A G NT C 1 300.00 24.31 4'38 36 S 38'00 19 E I 24.31 12.16 LINE TABLE NE RING DISTANCE L 1 S 35'41 01 E 32.36 L2 N 4955 17 W 103.08 L3 N 35'53 07 W 59.82 RESIDUE OF T. M. 64 A-156 S 40' 19'37' E 412.2_' PERRY PROPERTIES L.P. f --� --- — D.B. 670 PG. 257 ZONE' M1 36.78 ACRES BY SUBTRACTION PORTION OF T.AI 64 A-158 N TO BE REZONED TO B2 6.1885 ACRES hlW WINCHESTER t BUILDING SUPPLY v r' t L---- -: h I FUTURE ROUTE 50 RIGHT—OF—WAY DEDICATION AREA . s 0.0614 ACRES e DENOTES CENTERLINE 41 12 N 36' 11 '47' W 307.83 j I --_ __ 510.00_�_�. WEST BOUND LANE ROUTE 50 200 0 200 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PERRYPROPERIIES fTAX PARCEL 64 A-158) SHAWNEE WGISTE'RbAL DISTRICT, FREDERICK COUNTY, WRGIN/A SCALE. • 1 " = 200' 1 DATE: MAY 8, 2019 toj7%,% GREENWAY ENGINEERING, INC. 151 Windy Hill Lane \11V Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com M p,LTH 0-17 NEST S. HO TH 5 Lic. No. 1837 1 0297 SHEET 2 OF 3 1 LEGEND D.B./PG. = DEED BOOK/PAGE ESMT = EASEMENT EX. = EXIS17NG INST. No.11 = INSTRUMENT NUMBER T.M. = TAX MAP PARCEL 1) TITLE TO TAX PARCEL 64—A-158 IS VESTED IN PERRY PROPERTIES, L.P. BY DEED DATED JUNE 13, 19787 RECORDED IN DEED BOOK 670 PAGE 25Z THE LIMITS OF THE PARCEL HAVE HAVE CHANGED THROUGH BOUNDARY LINE ADJUSTMENTS RECORDED IN DEED BOOK 752 PAGE 1452 AND BY INSTRUMENT No. 020001149. 2) THE PROPERTY BOUNDARY LINE INFORMATION SHOWN HEREON IS TAKEN FROM PLATS RECORDED BY INSTRUMENT Nos, 07000850J AND 160005741. THIS INFORMATION DOES NOT REPRESENT A BOUNDARY SURVEY PERFORMED BY THIS FIRM. 3) THE REZONING PARCEL SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOOD PLAIN PER N.F.LP. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. 4) NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MIGHT EXIST. 5) THE CENTERLINE LOCA77ONS OF WEST BOUND ROUTE 50, CONSTITUTION DRIVE AND THE ENTRANCE TO WLNCHESTER BUILDING SUPPLY ARE BASED ON A FIELD RUN SURVEY. 6) THE RESIDUE AREA OF TAX PARCEL 64—A-148 CALCULATED BY SUBTRAC77ON USING THE ORIGINAL AREA (44.97 ACRES) LISTED IN THE FREDERICK COUNTY REAL ESTATE RECORDS REZONING PLAT ON THE LAND OF PERRYPROPER 77ES (TAX PARCEL 64 A-158) SHAWNEE MAGIS7ERML DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE.- N/A I DATE: MAY 8, 2019 /j7%\ GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1%v Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 F,4X.• (540) 722-9528 Founded in 1971 www.greeriwayeng.com j,LTH OF -ERNEST S. HO�ZB�ORTH• Lic. No. 1837 Y'/ 1 0297 SHEET 3 OF 3 1 E ViVi PEL, 17, 'Ac VIPI-ilkll' 2?;;:h' WELLS FARGO, N.A. 019907 "i"A., 4 10/22/19 19907 $10,618.00 ***Ten thousand six hundred eighteen and xx 1100 Dollars*** TREASURER, FREDERICK COUNTY -Va) C,160MPANY, IN­ P 0 BOX 220 WINCHESTER VA 22604.0225 V D 19 9 D 7 0 1: 0 S I L, 0 0 S L, 91: 2 0 S S 3 0 3 L C, 3 3 9 C3 11 ' ORDINANCE CD Action: PLANNING COMMISSION: December 4, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 8, 2020 Adopted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-19 PERRY PROPERTIES, LLC N\'IIEREAS, REZONING #04-19, PERRY PROPERTIES, LLC, was submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres from the M 1 (Light In(Iustrial) District to the B2 (General Business) District with proffers, with a final revision date of October 17, 2019. The subject property is located at the north side of Millwood Pike (Route 50 East) and the west side of'Constitution Drive in the Shawnee Magisterial District, and is identified by Property Identification No. 64-A-158; and WIIEREAS, the Planning Commission held a public hearing on this rezoning on December 4, 2019 and recommended approval; and NVIIEREAS, the Board of Supervisors held a public hearing on this rezoning on January 8, 2020; 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 Plan; NONV, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 6.18+/- acres from the M I (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 17, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 8'1' day of .January 2020 by the following recorded vote: Charles S. Del -liven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris . Ti Frederick County Administrator PDRes. #01-20 BOS Res. #043-20 Greenway Engineering • June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 2100000561 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) PROFFER STATEMENT REZONING: RZ# Q 4- 19 M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Commercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # O T- for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File #0297/EAW Gieenway lingincering June 19, 2019 16 -rax Parcel 64-A-158 (por(ion) Revised October 17, 2019 c� PROFFER STATEMENT U-, A) Transportation Improvements The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-Out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - File #0297/1 AW Grecnway 1?ngineering June 19, 2019 Tax Parcel 6,I-A-158 (portion) Revised Octoher 17, 2019 in/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer - Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimurn of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The improvements to the Millwood Pike/Constitution Drive intersection were based on a VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The Owner proffers to utilize current ITE Trip Generation Manual projections for the identified land use on each Site Plan within the B-2 District portion of the Property to determine when the cumulative traffic volume of development projects exceed 3,000 VPD. The Owner proffers to submit traffic studies as a component of all Site Plans within the B-2 District portion of the Property when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property. The Owner will be responsible for the construction of improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of c; C-; Pile 40297/EAW Greenway Engineering June 19, 2019 is Tax Parcel 6,1-A-158 (portion) Rcviscd October 17, 2019 the Property identified in the traffic study for each Site Plan prior to the Issuance of a certificate of occupancy permit for each Site Plan. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.011)(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE c*; c; 0 _A File #10297/EAW Greenway lingincering 0 June 19, 2019 'Fax Parcel Gd-A-ISS (portion) Revised October 17, 2019 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 1 Perry Properties, LEG Date Michael Perry, President Commonwealth of Virginia, / City �'of F'— C! -�, To Wit: The foregoing instrument was acknowledged before me this �`� day of 20/c%by otary a tic My Commission Expires 0C,-�0 A xr— =LAMBERSONBERSON4 BLIC55000MF VIRGINIAMIEXPIRES, 2021 File #0297/EAW CURVE TABLE CURVE RADIUS ARC LENGTH DELTA ANGLE1 CHORD BLARINGI CHORD LENGTH TANGENT Cl 300.00 24.31 4'38 36 S 38'00 19 E 24.31 12.16 LINE TABLE l B I DISTANCE L 1 S 35'4101 E 3236 L2 N 49'55 17 W 103, 08 L3 N 3553 07 W 59.82 i 2 I U RESIDUE OF T.M. 64—A-158 � PERRY PROPERTIES, L.P. D.B. 670 PG. 257 ZONE. Ml C 1 L 1 38.78 ACRES BY SUBTRACTION �_ _ T — 4S 0 19'37' E�2.26j 1 I I I � .I I PORTION OF T.M. 64 A-158 TO BE REZONED TO B2 N 6.1885 ACRES W �y�o h;l Ih FUTURE ROUTE 50 RIGHT—OF—WAY DEDICA77ON AREA 0,0614 ACRES 'X. WATER & SAMTARY SEWER £SMT INST. No. 020001149 100 0 100 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PEM Y PR OPER 7 7ES ffAX PARCEL 64 A-M) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MUM SCALE.• 1 ` = 100' 1 DATE. MAY 8, 2019 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 www.greenwayeng.com Gy ,b CURVE TABLE ICURVEJ RMUSIARC LENGTH DEL , FARINGI CHORD LENGTHI TANGENT C 1 J00.00 24.31 4'38 36 S 3B'00 19 E 24.31 12.16 / lNF TARI F LINE BEARNG L 1 S 35'41 01 E L2 N 4955 17 W n59.82 L3 N 3553 07 W RESIDUE OF T.M. 64A-158 PERRY PROPERTIES, LP. D.B. 670 PG. 257 ZONE.' Mi 38.78 ACRES BY SUB W71ON WINCHESTER BUILDING SUPPLY � I —1--=513_- F DENOTES CENTERLINE S 40-19'37" E 412.26' - 9-1 POR71ON OF T.M. 64 A-158 N TO BE REZONED TO B2 6. I885 ACRES l Wh • I hlro hl FUTURE ROUTE 50 2IRIGHT-OF-WAY DEDICATION AREA 0.0614 ACRES J I I �I I I II I I �I I I I I �I �I I I I , i l2 N 36' 11 '47" W 307.83 j WEST BOUND LAVE __— ROUTE 50 200 0 200 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PERRYPROPER 77E5 (TAX PARCE 64 A-15B) SHAWIVEE WGISMML DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE 1 " = 200' 1 DATE:- MAY 8, 2019 /J7,4� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 V,7 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.coni TH EMEST S. HU^ Lic. No. 1837 1 0297 SHEET 2 OF 3 1 D.B./PG. = DEED BOOK/PAGE ESMT. = EASEMENT EX. = EXISTING INST. No.11 = INSTRUMENT NUMBER F.M. = TAX MAP PARCEL TIRE TO TAX PARCEL 64—A-158 /S VESTED IN PERRY PROPERTIES, L.P. BY DEED DATED JUNE 1.3 19787 RECORDED IN DEED BOOK 670 PAGE 25Z THE LIMITS OF THE PARCEL HAVE HAVE CHANGED THROUGH BOUNDARY LINE ADJUSTMENTS RECORDED IN DEED BOOK 752 PAGE 1452 AND BY INSTRUMENT No. 020001149. THE PROPERTY BOUNDARY LINE INFORMA77ON SHOWN HEREON IS TAKEN FROM PLATS RECORDED BY INSTRUMENT Nos. 07000850J AND 160005741. THIS INFORM477ON DOES NOT REPRESENT A BOUNDARY SURVEY PERFORMED BY THIS RRM. THE REZONING PARCEL SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOOD PLAIN PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 51069CO240D, DATED SEPTEMBER 2, 2009. THE CENTERLINE LOCATIONS OF WEST BOUND ROUTE 50, CONS7TIU77ON DRIVE AND TO WINCHESTER BUILDING SUPPLY ARE EASED ON A FIELD RUN SURVEY. THE RESIDUE AREA OF TAX PARCEL 64—A-148 C4LCULA7E0 BY SUBTRACTION USING THE ORIGINAL AREA (44.97 ACRES) LISTED IN THE FREDERICK COUNTY REAL ESTATE RECORDS REZONING PLAT ON THE LAND OF PEMYPROPERIIES NX PARM 64 A—M) '7ER14L DISTRICT, FREDERICK COUNTY, WRGIN14 DATE. • MAY 8, 2019 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane neers Winchester, Virginia 22602 eyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com ASPHALT TRAIL SCHEMATIC ADJOINING CONSTITUTION DRIVE N.T.S. ASPHALT TRAIL SCHEMATIC WITHIN MILLWOOD PIKE R/W N.T.S. r-162' 2,734 SF. RIGHT-OF-WAY DEDICATION AREA DIMENSIONS t LOCATION AREAS OA LOCATION A OLOCATION B OLOCATION C I M-1 DISTRICT PROPERTY AREA 38.79 t ACRES 1 U.S. ROUTE 50/17 - MILLWOOD PIKE VARIABLE WIDTH R/W — LANDSCAPE ENHANCEMENT AREA nFTAII B-2 DISTRICT PROPERTY AREA 6.18 t ACRES - RIGHT-OF-WAY DEDICATION AREA 2,734 SF. 7' 10' ASPHALT TRAIL PARKING LOT AREA c�L,EGEND o ®�� ®®® ® PARKING LOT EVERGREEN HEDGES � * ��iV��®� VIPORNAMENTAL GRASSES e FLOWER BEDS 3 5' GRASS STRIP ORNAMENTAL TREES 1 O' ASPHALT TRAIL B i 9e��g 1 Q�. 3z �AZW. J Wz• � u o w � D. i i w > Q M �m W U) ~ O Z U Lu LLI ~N W Q> LJ. J A a Of w O G Q E2 W +I �. LLj O Z w a < w cr- CL U) DATE: OCT. 17, 2019 SCALE: 1'=100' 100 0 100 200 DESIGNED BY: EAWIJMN SCALE: 1 " = 1 o0' JOB NO. 0297 , i« , �,F 1 VIRGINIA: FREDERICK COUNTY, SCT. ph//i��s instrument of writing was produced to me on z �oZD at 0: r Y. In. id with certificate of acknowledgement thereto annexed as admitted to record. Tax imposed by Sec. 58.1-802 of t� , and 58.1-801 have been paid, if assessable PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 6.1-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 • PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 64-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greemvay Nnginecring June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Commercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance With respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File #0297/rAw 2 Glecnway 1?ngineering June 19, 2019 • fax Parccl 6.1-A-158 (porlion) Revised October 17, 2019 PROFFER STATEMENT A) Transportation Improvements The Owner proffers to improve the Constitution Drive sollthbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary casements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of' the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-In/fight-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out conunercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - Pile #0297/GA W 3 Greenway Engineering 0 June 19, 2019 isIl'ax Parcel 64-A-158 (poi(ion) Revised October 17, 2019 in/right-out C0111111C1'Clal entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate Of' occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation hnprovements Exhibit dated October 17, 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The Owner proffers to limit development within the B-2 District portion of the Property to a maximum of 3,000 VPD based on actual traffic volumes. The Owner will be responsible to conduct a traffic count at the full access commercial entrance on Constitution Drive within 90 days of the issuance of the certificate of occupancy permit for the first land use that will be provided to VDOT and Frederick County. If traffic counts exceed 3,000 VPD for the first land use, the Owner will prepare and submit a traffic study to VDOT and Frederick County and will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study prior to approval of subsequent Site Plan submittals within the B-2 District portion of the Property. The Owner will be responsible to conduct a new traffic count at the same location as File #0297/LAW 4 Grecnway lingineering 0 June 19, 2019 • 1rax I'mcd 6,1-A-158 (portion) Revised October 17, 2019 information for all subscqucnl Site Plan submittals within the B-2 District portion of the Property to allow VDOT and Frederick County to determine if a traffic study is required for each particular Site Plan. VDOT and Frederick County will determine the traffic study requirements l'or proposed development in excess of- the first 3,000 VPD during the Site Plan process if it is determined that a traffic study is necessary. The Owner will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study for the specific development which shall be completed prior to the issuance of a certificate of occupancy permit for the land use approved during the Site Plan process. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.01 D(13) of the Frederick County Zoning, Ordinance. The additional landscaping shall Include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. B) Alonetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick Count)' at the time of Issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE File #0297/LAW 5 Greenway Engineering • June 19, 2019 • Tax Parcel 64-A-158 (portion) Revised October 17, 2019 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Y I Perry Properties, LL Date Michael Perry, President Commonwealth of Virginia, Cit ounty f -Q- cV-P--r � c-I(- To Wit: The foregoing instrument was acknowledged before me thiO<----"- day ofOL�-C��eJr 20) G Notary Public My Commission Expires "\ -2,C),14 MARY R. HENSLEY NOTARY PUBLIC REG. #7838330 n COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2023 File #0297/BAW Ja U_ a J Q U)LL LL O I— So Qw c� C)U) � in ri z0 � U O ASPHALT TRAIL SCHEMATIC ADJOINING CONSTITUTION DRIVE N T S a . J d W YOf �� a U cn ❑ U)1--co U)O O Q d = Q' C� z C� J U) Q I O h O = CM ASPHALT TRAIL SCHEMATIC WITHIN MILLWOOD PIKE R/W N T S 162'+ +I N 2,734 SF. RIGHT-OF-WAY DEDICATION AREA DIMENSIONS ± I LOCATION AREAS OA LOCATION A OLOCATION B OLOCATION C M-1 DISTRICT PROPERTY AREA 38.79 ± ACRES C U.S. ROUTE 50/17 - MILLWOOD PIKE VARIABLE WIDTH R/W LANDSCAPE ENHANCEMENT AREA DETAIL I i w z J 0 Z Z O N U G` F- V) N m w O a_ O of d 77— PROPOSED B2 DISTRICT ZONING LIN B-2 DISTRICT PROPERTY AREA 6.18 ± ACRES - RIGHT-OF-WAY DEDICATION AREA 2.734 SF. 10 ASPHALT TRAIL RIGHT TURN LANE AREA \\\\\\\\\\\\\\\\\\\\\\\\\ PARKING LOT AREA LEGEND 40, ,40' �• PARKING LOT EVERGREEN HEDGES ORNAMENTAL GRASSES ®®®D®.®®®I♦n4t �Sim@ ® FLOWER BEDS 3 5' GRASS STRIP ORNAMENTAL TREES 10' ASPHALT TRAIL N T S 01 E C N v N O 2 ETO � lU 3m��m H O m 1n U p t0 $33 o Lij I >cr- ❑ W Z _ O ~ �x W �7- U) z o Z W c) Lu W o � W Q ~ z -4A I a- 0 w O a O cl- C/) Y Q U � �� z w w ❑ Lij O zw —� +I " ' it Q cy) c=n O a_ Q cr- DATE. OCT. 17.2019 SCALE 1"=100' 100 0 100 200 DESIGNED BY EAW/JMM I = JOB NO 0297 SCALE: 1 1 00' SHEET 1 OF 1 Greenway Engineering June 19, 2019 • rax Parcel 0d-A-158 (portion) Revised October 17, 2019 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Commercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17. 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File #0297/EAW 2 Greenway Engineering June 19, 2019 • Tax Parcel 64-A-158 (portion) Revised October 17. 2019 PROFFER STATEMENT A) Transportation Improvements The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to constrict a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - File 110297/EAW 3 Greenway Engineering June 19, 2019 Tnx Parcel 64-A-158 (portion) Revised October 17, 2019 In/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hikerlbiker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The Owner proffers to limit development within the B-2 District portion of the Property to a maximum of 3,000 VPD based on actual traffic volumes. The Owner will be responsible to conduct a traffic count at the full access commercial entrance on Constitution Drive within 90 days of the issuance of the certificate of occupancy permit for the first land use that will be provided to VDOT and Frederick County. If traffic counts exceed 3,000 VPD for the first land use, the Owner will prepare and submit a traffic study to VDOT and Frederick County and will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study prior to approval of subsequent Site Plan submittals within the B-2 District portion of the Property. The Owner will be responsible to conduct a new traffic count at the same location as File 110297/EAW 4 Greenway Engineering June 19, 2019 • Tax Parcel 6.1-A-158 (portion) Revised October 17. 2019 information for all subsequent Site Plan submittals within the B-2 District portion of the Property to allow VDOT and Frederick County to determine if a traffic study is required for each particular Site Plan. VDOT and Frederick County will determine the traffic study requirements for proposed development in excess of the first 3,000 VPD during the Site Plan process if it is determined that a traffic study is necessary. The Owner will be responsible to snake necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study for the specific development which shall be completed prior to the issuance of a certificate of occupancy permit for the land use approved during the Site Plan process. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.011)(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE File #0297/EAW Greenway Engineering 0 June 19, 2019 0 Tax Parcel 6.1-A-158 (portion) Revised October 17. 2019 Owner Sianatnre The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Perry Properties, LLC Michael Perry, President Commonwealth of Virginia, City/County of The foregoing instrument was acknowledged before me this 20 by My Commission Expires Date To Wit: day of Notary Public File #0297/EAW 6 N RUDY PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 64-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greemvay Engineering June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Commercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File #0297/EAW 2 Gicenway Engineering June 19, 2019 Tax I'mccl 64-A-158 (poilion) Revised oclober 17, 2019 PROFFER STATEMENT A) Transportation Improvements The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the Improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - Pile ##0297/GA W 3 Greenway Engineering June 19, 2019 Tax Parcel 6,1-A-158 (portion) Revised October 17, 2019 in/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The improvements to the Millwood Pike/Constitution Drive intersection were based on a VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The Owner proffers to utilize current ITE Trip Generation Manual projections for the identified land use on each Site Plan within the B-2 District portion of the Property to determine when the cumulative traffic volume of development projects exceed 3,000 VPD. The Owner proffers to submit traffic studies as a component of all Site Plans within the B-2 District portion of the Property when cumulative traffic volumes exceed 3,000 VPD to determine traffic impacts to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property. The Owner will be responsible for the construction of improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of File 110297/GAW 4 Grcenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17. 2019 the Property identified in the traffic study for each Site Plan prior to the issuance of a certificate of occupancy permit for each Site Plan. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified In Section 165-202.02.01 D(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted In mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. B) MOIletary Cmitributimis The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE File #i0297/EAw 5 Greenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17, 2019 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Perry Properties, `L-C_ Date Michael Perry, President Commonwealth of Virginia, City County of ��'2�� To Wit: rt- � The foregoing instrument was acknowledged before me this /'J day of zip 20/�by 11�1e_-r rA My Commission Expires OG-�D Az- BETTIE A. LAMBERSON NOTARY PUBLIC A REG. #127550 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCTOBER 31, 2021 File #0297/EAW 6 ASPHALT TRAIL SCHEMATIC ADJOINING CONSTITUTION DRIVE NTS ASPHALT TRAIL SCHEMATIC WITHIN MILLWOOD PIKE R/W NTS 2,734 SF RIGHT-OF-WAY DEDICATION AREA DIMENSIONS z LOCATION AREAS OA LOCATION A OLOCATION B OC LOCATION C M-1 DISTRICT PROPERTY AREA 38 79 3 ACRES PROPOSED B2 DISTRICT ZONING B-2 DISTRICT PROPERTY AREA 6 18 z ACRES - RIGHT-OF-WAY DEDICATION AREA 2,734 SF 0 la ASPHALT TRAIL RIGHT 7 RN LANE AREA e U.S ROUTE 50/17 MILLWOOD PIKE H :H— VARIABLE WIDTH R/W - - -� LANDSCAPE ENHANCEMENT AREA DETAIL PARKING LOT AREA LEGEND PARKING LOT EVERGREEN HEDGES ORNAMENTAL b ®® ® ! A ® t ® t ® FLOWER BEDS its ®` ��t t �� die®• t�� �®� 3 5' GRASS STRIP ORNAMENTAL TREES 10' ASPHALT TRAIL 100 0 SCALE: 1' N I J CURVE TABLE CURVEI RADIUS I ARC LENGTHI DELTA ANGLEI CHORD BEARINGI CHORD LENGTH TANGENT C 1 1300.00 24.31 4'38 36 S 38'00 19 E I 24.31 12.16 UNE TABLE LINE BEARING DISTANCE L 1 S 35'41 01 E 3236 L2 N 49 55 17 W 103 08 L3 N 35'53 07 W 59.82 RESIDUE OF T.M. 64 A-158 PERRY PROPERTIES, L.P. D.B. 670 PG. 257 ZONE. Ml 38.78 ACRES BY SU6M4C77ON _ 1 S p g'37w E 6 -412.2 W z 0 R 6 6 PORTION OF T.M. 64 A-156 TO BE REZONED TO B2 6.1885 ACRES Cl L1 EX. WATER k SANITARY FUTURE ROUTE 50 SEWER ESMT RIGHT—OF—WAY INST. No. 020001149 DEDICATION AREA 0.0614 ACRES a -- —1— N 36 11'47" W 307.83' -- l2 — — — — — — — — — — — — — — — — — — QGL f_EMMEYL- -------------------------------- WEST BOUND LANE ROUTE 50 IL-------- 100 0 100 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF 1��LTH 0 f FM Y PROPER 7 7ES r (TAX PAICL 64 A-19) SHAMEE 94GIS7ER14L DISTRICT, MEDERICK COUNTY, WRGIN14 ERNEST S. H SCALE.• 1 " = 100' 1 DATE.- 94Y 8, 2019 LIC. No. 1837 GREENWAY ENGINEERING, INC. 151 firindyHillLane SU RF \l-v Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0297 SHEET 1 OF 3 Founded in 1971 www.greetzwayeng.coni RND 19-0.5 LLI J q F- J w 0 A <l a v' O lL d 0 F- a0 Q 0 0 � o � � z 0 � U 0 ASPHALT TRAIL SCHEMATIC ADJOINING CONSTITUTION DRIVE N T S d J d W Y_ a. U) :D (n 0 U H m cl) 0 O = QIL z c� J t!) Q O f� O = CM H ASPHALT TRAIL SCHEMATIC WITHIN MILLWOOD PIKE R/W N T S 162'±� 1 41 1(1 , 2,734 SF. RIGHT-OF-WAY DEDICATION AREA DIMENSIONS ± H D B2 DISTRICT ZONING LIN LOCATION AREAS W B-2 DISTRICT z PROPERTY AREA 6.18 ± OA LOCATION A 0 ACRES z O LOCATION B O N OLOCATION C U IlY 1 �- U) FD m c W M-1 DISTRICT PROPERTY AREA 38.79 ± � ACRES a- C U.S. ROUTE 50/17 - MILLWOOD PIKE VARIABLE WIDTH R/W LANDSCAPE ENHANCEMENT AREA DETAIL d - RIGHT-OF-WAY DEDICATION AREA 2.734 SF. 10 ASPHALT TRAIL RIGHT TURN LANE AREA PARKING LOT AREA LEGEND AA 40' 40' PARKING LOT EVERGREEN HEDGES ORNAMENTAL GRASSES QQ 0 ®` � • ®®f ® FLOWER BEDS 3 5' GRASS STRIP ORNAMENTAL TREES 10' ASPHALT TRAIL N T S 01 U 3� .9 o > f -- 0 M I Z I _ 0 X x W F- (n z �- 0 Z U Lli I— G � > W o � W Q ~ o z -40 -- Q_ � w O -- Q U � Q U w � � Z wo � p Ili Lu +I It LLJ Q Q00j c=n Iry DATE OCT. 17, 2019 SCALE 1'=100' 100 0 100 200 DESIGNED BY. EAW/JMM - JOB NO 0297 SCALE: 1 1 00' SHEET 1 OF 1 PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Ott � :•',I•� ��� � •' �. l*� i l ° r. Tax Parcel 64-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-4185 w J Z rm a LL ~' rn u� O Z Qi It la Q w0 y o� ] cn z U O ASPHALT TRAIL SCHEMATIC ADJOINING CONSTITUTION DRIVE N T S ASPHALT TRAIL SCHEMATIC WITHIN MILLWOOD PIKE RAN NTS. L_1-.-� 2.734 SF RIGHT-OF-WAY DEDICATION AREA DIMENSIONS t LOCATION AREAS OLOCATION A OLOCATION B OLOCATION C M-1 DISTRICT PROPERTY AREA 38 79 t ACRES U.S. ROUTE 50117 - MILLWOOD PIKE VARIABLE WIDTH R/W I AKIMQrADC CKIWAN(`C1ACKIT ADCA MPTAII B-2 DISTRICT PROPERTY AREA 6 18 t ACRES 0 - RIGHT-OF-WAY DEDICATION AREA 2,734 SF RIGHT TURN LANE AREA? — --- —— -- — +I }I - _. -- _- - 0) PARKING LOT AREA LEGEND ® PARKING LOT EVERGREEN HEDGES GRASSES � Fp ®®�® ®®�® ® b ®®� ® A ® A FOLOWER BEDS ORNAMENTAL TREES 3 5' GRASS STRIP 10' ASPHALT TRAIL 100 0 SCALE: 1' N 1.J 001%1, 151 Windy I-Iill Lane FND%h�" 10 � Winchcstcr, VA 22602 GREENWAY TRANSMITTAL ENGINEERING Project Name: Perry Properties Commercial Rezonint; Proffer Statement File No: 0297 Date: Mon, Nov 18, 2019 To: FC Planning FI'oiw Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex U.S. Mail P/1 Courier Pick Up Other Urgent For Your Review As You Requested Please Comment Message Hi Candice, Please find attached the original Proffer Statement for the Perry Properties Commercial Rezoning that reflects the revisions to Section A9 and has been signed by the Owner. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: Candice Perkins From: Rod Williams Sent: Friday, September 20, 2019 3:43 PM To: Evan Wyatt Cc: Candice Perkins Subject: RE: Perry Properties rezoning Evan, I have reviewed the Proffer Statement dated September 5, 2019. Subject to one small comment that can be addressed without the need for further review, it is acceptable as to legal form. The comment is that the Rezoning Plat should be actually included as part of the Proffer Statement and so referenced at the end of the Preliminary Matters section as "the attached Rezoning Plat ...". I neglected to make this comment previously — my apologies. Thanks. From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, August 14, 2019 9:30 AM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us> Subject: RE: Perry Properties rezoning Hi Rod, I hope you enjoyed your time away from the office. I appreciate the quick turnaround on your review and will make the editorial revisions and discuss the timing comments with Mike Perry and will be back in touch. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, August 13, 2019 1:22 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperl<ins@fcva.us> Subject: Perry Properties rezoning Dear Evan — Please see my comment letter, attached. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia fcva.us PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 64-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 5.10-662-4185 Greenway Engineering June 19, 2019 nix Parcel 64-A-158 (portion) Revised October 17, 2019 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Coininercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17. 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File 110297BAW 2 Greenway Engineering June 19, 2019 Tax Parcel 6•1-A-158 (portion) Revised October 17. 2019 PROFFER STATEMENT A) Transportation Improvements The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - File 1/0297/EAW 3 Greenway Engineering line 19, 2019 Tax Parcel 64-A-I5S (portion) Revised Octobcr 17. 2019 in/right-out commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17. 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October- 17, 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The Owner proffers to limit development within the B-2 District portion of the Property to a maximum of 3,000 VPD based on actual traffic volumes. The Owner will be responsible to conduct a traffic count at the full access commercial entrance on Constitution Drive within 90 days of the issuance of the certificate of occupancy permit for the first land use that will be provided to VDOT and Frederick County. If traffic counts exceed 3,000 VPD for the first land use, the Owner will prepare and submit a traffic study to VDOT and Frederick County and will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study prior to approval of subsequent Site Plan submittals within the B-2 District portion of the Property. The Owner will be responsible to conduct a new traffic count at the same location as File #0297/EAw 4 Grecnway Engineering June 19, 2019 Tax Parcel 6.1-A-158 (portion) Revised October 17. 2011) information for all subsequent Site Plan submittals within the B-2 District portion of the Property to allow VDOT and Frederick County to determine if a traffic study is required for each particular Site Plan. VDOT and Frederick County will determine the traffic study requirements for proposed development in excess of the first 3,000 VPD during the Site Plan process if it is determined that a traffic study is necessary. The Owner will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study for the specific development which shall be completed prior to the issuance of a certificate of occupancy permit for the land use approved during the Site Plan process. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.011)(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. B) Monetary Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for 13-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE File #0297/EAW 5 Greenway Engineering June 19, 2019 Tax Parcel 64-A-158 (portion) Revised October 17. 2019 Owner Sif.T,nature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Perry Properties, LLC Michael Perry, President Commonwealth of Virginia, City/County of To Wit: Date The foregoing instrument was acknowledged before ine this day of 20 b}, Notary Public My Commission Expires File 110297/EAW re t PERRY PROPERTIES COMMERCIAL REZONING PROFFER STATEMENT Tax Parcel 64-A-158 (portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owners: Perry Properties, LLC Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-4185 Greenway Engineering Tax Parcel 64-A-158 (portion) June 19, 2019 Revised October 17, 2019 PERRY PROPERTIES COMMERCIAL REZONING TAX PARCEL 64-A-58 (portion) �. PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District to B-2, Business General District and M- 1, Light Industrial District PROPERTY: Tax Parcel 64-A-158 (here -in after the "Property") RECORD OWNER: Perry Properties, LLC APPLICANT: Perry Properties, LLC (here -in after "Owner") PROJECT NAME: Perry Properties Commercial Rezoning ORIGINAL DATE OF PROFFERS: June 19, 2019 REVISION DATE: October 17, 2019 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 6.18± acre portion of the 44.97± acre Property from the M-1, Light Industrial District to establish 6.18± acres of B-2, General Business District with proffers specific to the B-2, General Business District acreage, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property is identified as Tax Map Parcel 64-A-158, owned by Perry Properties, LLC recorded as Deed Book 670 Page 257 and subsequently adjusted as identified by Boundary Line Adjustment Plat prepared by Gilbert W. Clifford & Associates, Inc., recorded as Instrument No. 020001149. The 6.18± acre portion of the Property proposed to be rezoned B-2, General Business District is further identified by the attached Rezoning Plat On The Land of Perry Properties (Tax Parcel 64-A-158) prepared by Greenway Engineering, Inc., dated May 8, 2019 that is included as part of the Proffer Statement. File #0297/EAW Greenway Engineering June 19, 2019 Tax Parcel 6.1-A-158 (portion) Reviscd October 17. 2019 PROFFER STATEMENT A) Transportation Improvements The Owner proffers to improve the Constitution Drive sOUthbOUnd travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportat1011 Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of- way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance 01' the first certificate Of Occupancy perinit within the B-2 District portion Of the Property. 2. The Owner proffers t0 construct a full access commercial entrance oil Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the initial Site Plan within the B-2 District portion Of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers t0 construct a right-111/fight-Out commercial entrance oil Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location Of the right-in/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion of the Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 4. The Owner proffers to construct a right turn lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-out commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner proffers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right - File lt0297/EAW 3 Greemvay Engineering June 19, 2019 Tax Parcel 6.1-A-159 (portion) Revised October 17, 2019 ill/right-OLIt commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the inlprovenlent identified in this Prof'f-er Section prior to the issuance of' the first certificate Of occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion Of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right- of-way dedication plat will be prepared and submitted to VDOT within 90 days of final noel -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary Of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five- foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 9. The Owner proffers to limit development within the B-2 District portion of the Property to a maximum of 3,000 VPD based on actual traffic volumes. The Owner will be responsible to conduct a traffic count at the full access commercial entrance on Constitution Drive within 90 days of the issuance of the certificate of occupancy permit for the first land use that will be provided to VDOT and Frederick County. If traffic counts exceed 3,000 VPD for the first land use, the Owner will prepare and submit a traffic study to VDOT and Frederick County and will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study prior to approval of subsequent Site Plan submittals within the B-2 District portion of the Property. The Owner will be responsible to conduct a new traffic count at the same location as File #0297/LAW 4 Greenway 1?ngineering June 19, 2019 Revised October 17. 2019 Information l'or all subsequent Site Plan sUbmlttals within the B-2 District portion of the Property to allow VDOT and Frederick County to determine if a traffic study is required for each particular Site Plan. VDOT and Frederick County will determine the traffic study requirements for proposed development in excess of the first 3,000 VPD during the Site Plan process if it Is determined that a tra111c study is necessary. The Owner will be responsible to make necessary improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property to mitigate the traffic impacts identified in the traffic study for the specific development which shall be completed prior to the issuance of a certificate of occupancy permit for the land use approved during the Site Plan process. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements Specified In Section 165-202.02.01 D(13) of the Frederick County Zoning Ordinance. The additional landscaping shall include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike fi•ontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated in the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. Monetary Contributions The owner proffers to provide a monetary contrlbUtloll of $0.10 per developed building square foot for County Fire and Rescue services. The monctar'y contribution shall be Illade payable to Frederick County at the tinge of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. OWNER SIGNATURE ON FOLLOWING PAGE Greenway linginccring June 19, 2019 Revised October 17, 2019 Tax Parcel 6d-A-158 (portion) Ownel' Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors In the interest of the Owner. III the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffcred conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Y Perry Properties, LL Date Michael Perry, President Commonwealth of Virginia, Cit}�&ounty I, r,c r i C__1(_ To Wit: The foregoing instrument was acknowledged before me this�D- day of0Lya77:-,e,v— 20 ')l G b vy_kk C\- \Q, 0 1t 0/ � � & - " c, -e Notary Public My Commission Expires,, MARY R. HENSLEY NOTARY PUBLIC REG. 07836330 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30, 2023 File #0297/EAW 6 Evan Wvatt From: Arthur Boyce <bobby.boyce@vdot.virginia.gov> Sent: Thursday, October 10, 2019 5:04 PM To: rncheran@co.frederick.va.us Cc: Matthew Smith; Funkhouser, Rhonda (VDOT); Evan Wyatt Subject: Frederick County - Route 50 -- Perry Properties Commercial Rezoning and Subdivision DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Dear Mr. Cheran: We have reviewed the above SLibiect Commercial Rezoning Proffer Statement received September 5, 2019. This application is to rezone and subdivide a 6.18 acre portion of the existing 44.97 acre parent parcel from B-2 to ivI-1. Our comments appear to be addressed with the following exceptions: Proffer #1 - The proffer- indicates the necessary additional right-of-way dedication along Constitution Drive and references the September 5, 2019 IExhibit. However, the dedication is not indicated on the exhibit (notation or graphic). Relocating the curb & cutter 2' along the Constitution Drive frontage between A and B is now acknowledcred and proffered. The asphalt trail is off the proposed right-of-way if agreeable with the County. Proffer #2 (Repeat Comment) - The proposed commercial entrance on Constitution Drive will also require either a Joint -use entrance or lnterparcel connection with the Nl-1 parent traci. See Viroinla Access Manaacnient Regulation. Proffer #3 (Repeat Comment) - The proposed commercial entrance on N/Iillwood Pile will also require either Joint -Use entrance oi' lnterparcel connection with the N4-1 parent tract. This should be reflected somewhere in the proffer statement. See. Virginia Access i\4anagement Regulation. Proffer #4 - The future additional through lane on Millwood Pike should be installed along the frontage of both the. proposed (B-2) and parent tract (M-1) when each develop. This additional through lane will act as a continuous right turn lane until needed at a future date. Ail entrances installed will then need to be offset 12'additional feet ,Just as was done on Constitution Drive. The applicant is proffering to construct the right turn lane on the B-2 frontage however this should be proffered on the M- I as well. Right turn lanes could then he constructed during a public improvement project and have very little impact to the entrance, parking lots, etc... Proffer#5—Tliis internal road may provide the interparcel connections with the N4-i parent tract near Millwood Pike and Constitution Drive commercial entrances. Proffer #6 (Repeat Comment) - A clime.nsion should he provided in the text and/or exhibit and should include the residual (M-1). We need to verify that the width of the right-of-way dedication will accommodate the County Comprehensive Plan designation of a 6-1ane divided facility for US 17/50 with the MPO Bicycle and Pedestrian Master Plan facilities along this section of US 17/50. Proffer 419 - The drvclopnu nl limit ul' 3,000 V1) needs to he haled on 1,11? codes. This is the only- way to determine / verify the po(cnlial site vrhiculnr volume prior to dcvel„plrn•n( (cspccially for (he initial site iflan). SLIhsrquent site Mans on (he B-2 pm -(ion of' the dcvclOpmcnt may he supported by aIMMI (l'afflC counts. A different use could clouhlc tri fl'ic generated :Ind thrl( could have nn unkil(M n Impac•t on the adjacent road ne(works. "Therefore, VDOT recommends a 3,000 VPD cap hosed on the current version of the ITI", Trip Generation \Manual, :Is the nlaxinlunl deve.lohnlcnt associated with the rei.oni l�'. I;zceedin0 this [1'11) tllreshOld would require a proffer amendment with the provision I'm- an additional "TIA to determine impacts and rcconullcnded III] tigatioll improvements to he, provided by the developer. Proffer #10 - Given proffer 49, we do not see where Proffer It 10 is necessary. The `I'POI` / NI�C'U inlprovcnlcnls will he completed prior to the initial development on the Perry Property. Repeat Comment on Parent Parcel - The existing 80' right-of-way on Constitution Drive is insufficient for future widening of the 2 lane road to the U41) design depicted in Frederick County's Transportation Ply). Easements are also needed for construction grading, slope maintenance, drainage, utilities, etc... Tlic inadequate space would render the future widening on Constitution Drive impossihle without the voluntary dedication of additional right -of' -way and easements from this 44.97 acre parcel. This rezoning, and subdivision provides an opportunity to ensure complete widening o(' the facility by a developer or a government entity. 'Therefore, we suggest that the ri,oht-of-wily and easements for the U411) are secure with the rezoning approval and the 4 lane improvements be tied to [he first site plan suhn)ission for the NJ- I portion of' the property. We appreciate the County's efforts to include VDOT in the early planning stages for development and the opportunitN to provide comments. If you have any questions or need further information, please do not hesitate to give n)e a call. Sincerely. Bobby 13oyce VDOT- Land Development Engineer Shenandoah, Frederick, Clarkc. & \Varre.n Counties 14031 Old Vallev Pike Edinburg, VA 22824 (540)954-5631 From: Arthur Boyce <bobby.boyce@vdot.virginia.gov> Sent: Wednesday, August 28, 2019 9:20 AM To:'mcheran@co.frederick.va.us' <mcheran@co.frederick.va.us> Cc: Tunkhouser, Rhonda (VDOT)' <Rhonda.Funl<houser@VDOT.Virginia.gov>; 'Smith, Matthew, P.E. (VDOT)' <Matthew.Smith@vdot.virginia.gov>;'ewyatt@greenwaveng.com' <ewyatt@greenwayeng.com> Subject: Frederick County - Route 50 -- Perry Properties Commercial Rezoning << ... >> DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 0 315 Tasker Road Stephens City, Virginia 22655 August 14, 2019 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.coni RE: Rezoning Application Comment Perry Properties Tax Map Numbers: 64-A-158 6.18+- acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Perry Properties commercial rezoning application package, dated June 19, 2019, and received at Frederick Water. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA) and is served by FW. Based on the project's location both water and sanitary sewer services are available. Water service is readily available, with adequate treatment and distribution capacities. Sanitary sewer treatment capacity at the wastewater treatment plant is presently available for the anticipated 9,000 gpd 6.18-acre site, but the sewage conveyance system has areas with limited capacity. Flows from the subject rezoning site will flow to the West View Business Center sewage pumping station. The West View pump station requires upgrades to ensure adequate capacity is available to handle the projected 9,000gpd of sewage from the subject rezoning site. In recent months, the pump station has experienced overflows when the pump station facility was overwhelmed by excess flows. The pump station was designed and constructed by the developer of West View Business Center to accommodate the development's sewage flows, of which an adjacent 26-acre split zoned B2/M1 site remains undeveloped. goo a, ANNIVERSARY Water At Your Service A®-X rage L Perry Properties commercial rezoning application Evan Wyatt August 14, 2019 Flows which leave the West View pump station ultimately flow into additional downstream pump stations that also warrant consideration. The US 50 East Sewage Pumping Station is also in need of upgrades to accommodate additional flows. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal, but offers a point in time observation to assist in the decision make process associated with rezoning a property. Water and sanitary sewers are to be constructed in accordance with the FW standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincer y, a Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department To be cnnrp/cled hp P/unnln SlnfJ'• Pee Amount Paid $_!O�_i_n1R c Zoning Amendment Number _ Anticipated PC blearing Date 1 i' L1 �1 1 Date Received a, L _ Anticipated 130S blearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTNIENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Perry Properties Specific Contact Person if Other than Above: Mike Perry, President Address: 1945 Millwood Pike Winchester, VA 22602 Telephone: (540) 667-4310 Name: Specific Contact Person if Other than Above: Address: Telephone: Entail: mperry@perryeng.com Entail: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name Greenway Engineering, Inc. Specific Contact Person at Firm: Evan Wyatt, Director of Land Planning Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: ewyatt@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Perry Properties Commercial Rezoning S. Property Information: a. Property Identification Number(s): 64-A-158 b. Total acreage of the parccl(s): 44.97+/- acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 6.18+/- acres d. CUITCilt zoning dcsignation(s) and aci'Cagc(s) in each designation: M-1 District: 44.97+/- acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 District: 6.18+/- acres M-1 District: 38.78+/- acres f. Magisterial District(s): Shawnee District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The portion of Tax Parcel 64-A-158 proposed for B-2 District zoning is located on the north side of Millwood Pike (Rt. 50 East) and the west side of Constitution Drive h. Adjoining Properties: Parcel ID Number Refer to attached Adjoining Properties Map Exhibit Use Please attach additional page(s) if necessary. Zonal Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 Disclosure of real parties in interest. Virginia Code S 15.2-2289 provides that localities may by ordinance require any applicant For a "honing amendment to make complete dISCIOSUI'C of the equitable Ownership of the real estate to be affected including, in the case of corporate ownership, the name Of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code ti 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a Corporation whose stock is traded Oil a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. Please check that the following items have been included with this application: Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement Proffer Statement (if any) Agency Comments Copies of Deed(s) to Property(ies) Tax Payment Verification Digital copies (pdf's) of all submitted items 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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 �best_my (our) knowledge. Owner: Y Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): L , Date I C7 I � If signing on behalf of an entity, please state name of entity and your title: -ilA"14,1v�- If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 P e N so 17 r To - 3F'r; er� c o c t7 `z 3- 0 — ° av �o z Z t%z LU W i CCW 1 4 a 4 C7 C W_ Z U Coll9 ~ Ojr N ~ FyOOW L1 w LU /p C IL 0� Q d U d cr W Z O O 000 U O 726 Q ��17 O 7 P, O ,�O �L�' 6 U w Cs JAG aOF ¢ a. 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's . ♦ .� _ ter. ;.I• Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.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: Perry Properties. LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1945 Millwood Pike Winchester, VA 22602 (540) 667-4310 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: Tax Parcel 64-A-158 (6.18 +/- acre portion) do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attorney -In -Fact (540)662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followi, for the above identified property: QRezoning R Subdivision H Conditional Use Permit F1 Site Plan Master Development Plan (prelim. or final) RVariance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: N/A This appointment shall expireqne—y. ar from the day that it is signed, or at such sooner time as I Signature 1, , 'J D Title (if signing on behalf of an entity) \ 1 �J State of V '0Q:� , c it City of —�Y c'�,, e� �C\{ , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same of e mein the jurisdiction aforesaid this day o C- } 20-i::�y IG4 NA' My Commission Expires :`1�)pr \ ��`� 3 Notary Public Registration NumberlVPII 533o MARY R. HENSLEY NOTARY PUBLIC REG.#7838330 IONWEALTH OF VIRGINIA APRIL 30, 2023 t�(� tc:;����-� ��� s r � � f e`. .�. Vic,.. !�.� Mr��. u�x�e..:.xy.,.n....,.�, ....�. .,r.,...�w.u�a+R:,�«e...,.ezan......r,,,,,,,;,,,,; REZONING APPLICATION 804-19 �GK , co PERRY PROPERTIES, LLC. � �h Staff Report for the Planning Commission Prepared: November 21, 2019 .y Staff Contact: Candice E. Perkins, AiCP, C%A, Assistant Director John A. Bishop, AICP, Assistant Director 1'ransportatioii we Reviewed Action Planning Commission: 12/04/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18-+-/- acres from the M 1 (bight Industrial) District to the I32 (Gcneral Business) District with prof(brs. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the Nvest side of Constitution Drive. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/04/19 PLANNING COMMISSION MEETING: This is an application to rezone 6.18+/- acres from the M 1 (Light Industrial) District without proffers to the B2 (General Business) District with proffers. This site is located within the limits of the Senscny/Eastern Urban Area Plan of the 2035 Comprehensive Plan and is within the Sewer and Water Service Area. The Plan identifies this property with an industrial land Use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated October 17, 2019: A) Transportation Improvements The Owner proffers to improve the Constitution Drive southbound travel lanes to provide the same widths as the Constitution Drive northbound travel lanes between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall dedicate right-of-way and necessary easements as depicted on the approved public improvement plan sufficient for the Constitution Drive widening between Location A and Location B. The Owner shall complete the improvements and dedicate the right-of-way and necessary easements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 2. The Owner proffers to construct a full access commercial entrance on Constitution Drive that is generally located at Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of the full access commercial entrance and required right turn lane/taper and left turn lane/taper will be approved by VDOT during the Rezoning 1/04-19 PERRY PROPERTIES, LLC. November 21, 2019 Page 2 initial Site Plan within the B-2 District portion of'thc Property. The Owner shall complete the improvements identified in this Proffer Section prior to the issuance of the Ill -St certificate of occupancy permit within the B-2 District portion of the Property. 3. The Owner proffers to construct a right-in/right-out commercial entrance on Millwood Pike that is generally located at Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The final location of' the right-ill/right-out commercial entrance and the right turn lane/taper described in Proffer Section A4 will be approved by VDOT during the initial Site Plan within the B-2 District portion ofthe Property. The Owner shall Complete the improvements identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the I3-2 District portion of the Property. 4. The Owner proffers to construct a right turd lane along Millwood Pike between the Constitution Drive intersection and the right-in/right-oLit Commercial entrance on Millwood Pike that is generally located between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion of the Property. 5. The Owner profTers to construct an internal private road network to provide ingress and egress to the full access commercial entrance on Constitution Drive and the right-in/right-oLit commercial entrance on Millwood Pike Constitution Drive that is generally located between Location B and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate ol'occupancy permit within the B-2 District portion of the Property. 6. The Owner proffers to provide for right-of-way dedication along the Millwood Pike frontage of the B-2 District portion of the Property as depicted on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The right-of-way dedication plat will be prepared and submitted to VDOT within 90 days of final non -appealable rezoning approval by Frederick County. 7. The Owner proffers to construct a 10' wide asphalt hiker/biker trail along the southeastern boundary of the Property between Location A and Location B on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker trail will be located adjacent to and outside of the Constitution Drive public right-of-way and will serve as an alternative to a five-foot sidewalk. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate of occupancy permit within the B-2 District portion ol�the Property. 8. The Owner proffers to construct a 10' wide asphalt hiker/biker trail within the Millwood Pike right-of-way between Location A and Location C on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. The 10' wide asphalt hiker/biker tail will serve as an alternative to a five-foot sidewalk and will be located a minimum of three Rezoning 1104-19 PERRY PROPLR'i'll?S, LLC. November 21, 2019 Page 3 feet from the B-2 District property line between Location A and Location C to provide for an appropriate maintenance strip. The Owner shall complete the improvement identified in this Proffer Section prior to the issuance of the first certificate ofoccupancy permit within the B-2 District portion of the Property. The improvements to the Millwood Pike/Constitution Drive intersection were based on a VDOT approved traffic study that assigned 3,000 VPD background traffic for the Property. The Owner proffers to utilize current ITE trip Generation Manual prolCCtions for the Identified land use on each Site Plan within the B-2 District portion of the Property to determine when the CUIIlUIatiVC traffic VOIUIl1C Of dcvcloprncnt proJects exceed 3,000 VPD. The Owner proffers to submit traffic studies as a component of all Site Plans within the I3-2 District portion of the Property when cumulative tral7ic volumes exceed 3,000 VPD to determine traffic impacts to the Millwood Pike/Constitution Drive intersection or to the portion of'Constitution Drive serving the B-2 District portion ofthe Property. The Owner will be responsible for the construction of improvements to the Millwood Pike/Constitution Drive intersection or to the portion of Constitution Drive serving the B-2 District portion of the Property identified in the traffic study for each Site Plan prior to the issuance of a certificate of occupancy permit for each Site Plan. 10. The Owner proffers to require all Site Plans for parcels within the B-2 District portion of the property that have Millwood Pike frontage to provide landscaping that is in addition to the landscaping requirements specified in Section 165-202.02.01D(13) of the Frederick County Zoning Ordinance. The additional landscaping shall Include flowering plants and ornamental grasses planted in mulch beds along the Millwood Pike frontage of the B-2 District portion of the Property that will be located between the road right-of-way and the parking lot setback line as demonstrated In the Landscape Enhancement Area Detail provided on the attached Perry Properties Transportation Improvements Exhibit dated October 17, 2019. B) Monetaiy Contributions The owner proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the certificate of occupancy permit for development on the 6.18± acre portion of the Property proposed for B-2, District zoning. A recommendation regarding 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. Rezoning 1104-19 PERRY PROPI�Wl'IES, LLC. November 21, 2019 Page 4 This repvit is prepined by the Frederick County Planning Staff to provide information to the Planning Commission and the Boat-d of Supei•visois 10 assist theist in snaking a decision on this application. It may also be usefrtl to others interested in this Zoning matter. Uni•esolvell issues concei-ring this application are noted /ly Staff ivhere relevant thi-oughout this Staff i•epoi•t. Reviewed Action Planning Commission: 12/04/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 6.18-1-/- acres from the M 1 (Light Industrial) District to the 132 (General Business) District with proffers. LOCATION: The subject property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-158 PROPERTY ZONING: M I (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M 1 (Light Industrial) Use: Industrial/Vacant South: 132 (General Business) Use: Commercial East: M 1 (Light Industrial) B2 (General Business) Use: Commercial/Industrial West: 132 (General Business) Use: Commercial Rezoning #04-19 PERRY PROPERTIES, LLC. Novenlbcr 21, 2019 Page 5 REVIEW EVALUATIONS: Viry,inia Dept. of Transportation: Please see email front Arthur Boyce, [,'DOT -Lan(( Dei,elolmment Engineer (fated October 10, 2019. Frederick Water: Please see letter fi•oni Eric R. Lativrence, 111CP, Execuln,e Dn•ector dated August 14, 2019. Frederick County Department of Public Worlcs: We ol'l'er no comments at this time. A cornprellcnslve review of the site plats will occur when submitted in the ILlture. Frederick County Fire Marshall Plan approved. Winchester Rel4ional Airport: No comment. County of Frederick Attorney: Proffer is in acceptable legal form. PlanninI4 & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester and Stephenson Quadrangles) depicts the zoning for the parcel as M 1 (Light Industrial). 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the fuhu•e growth of Frederick County. The 2035 Comprehensive Plan is all Official public document that serves as the C0111111LInity'S guide for making decisions regarding development, preservatioIl, 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. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The Senseny/Eastern Urban Area Plan provides guidance on the future development of the property. The property is located within the SWSA. The Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by commercial zoned property to the south and east, the requested commercial may be acceptable. Rezoning 1104-19 PERRY PROPERTIES, LLC. November 21, 2019 Page 6 Transportation The Eastern Road Plan calls For a New Major Collector roadway, which has now been COI1St1'LICICd, along the eastern bOLlndal'y of this property. In addition, the Eastern Road Plan and the MPO Long Range Plan call for the widening of'Route 50 to 6 lanes along the frontage of this property. Both roadways are key in the long-range transportation vision for this area of Frederick County. The Applicant is accommodating these roadways thl'OLlgh the pl'OffCl' Of fight -Of -way to allow f01' the ROLIte 50 widening and an additional widening proffer for Constitution Drive that will allow that facility to have 1611 width lanes that were not available With the pl'CViOL1S fight-ol-way restrictions. The Applicant is also establishing an entrance along Constitution Drive that Will allow I6r inter -parcel access to property not currently proposed Im- rezoning along that roadway and a fight-ln/I'lght-out entrance along ROLIte 50 that mectS access management standards set by VDOT. The access management standards are an important goal noted in the Senseny/Eastern Frederick Urban Area Plan. A recommendation regarding this rezonina application to the Board of Snpervisors would be appropriate The Applicant should be prepared to a(leguatel), address all concerns raised by the Planning Commission. Diane Walsh From: Candice Perkins Sent: Thursday, November 21, 2019 3:46 PM To: Diane Walsh Subject: RE: Draft of Rezoning 04-19 Perry Properties Good, thanks. Candice Candice Perkins, AICP, C%A Assistant Director 1'rederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Phone (540) 665-5651 l-ax: (540) 665-6395 E-mail: cperkins@fcva.us \««v. fcva.Us "We do make a difference - one way or the other. We are responsible for the impact of our lives. \\fliatever we do with whatever we have, we leave behind us a legacy for those who follow." - Stephen Covey From: Diane Walsh <dwalsh@fcva.us> Sent: Thursday, November 21, 2019 3:41 PM To: Candice Perkins <cperkins@fcva.us> Subject: Draft of Rezoning 04-19 Perry Properties Please review the attached and let me know if any changes are required. Diane Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 dwalsh a,feva.us Diane Walsh From: Sent: To: Subject: Attachments: Tracking: Diane Walsh Thursday, November 21, 2019 3:41 PM Candice Perkins Draft of Rezoning 04-19 Perry Properties PC 12-04-19 Rez 04-19 Perry Properties, LLC..pdf Recipient Candice Perkins Please review the attached and let me know if any changes are required. Diane Walsh Frederick County Planning Department 107 North Kent Strect, Suite 202 Winchester, VA 22601 540-665-5651 dvvalsh@cva.us Delivery Delivered: 11/21/2019 3:41 PM Diane Walsh From: Microsoft Outlook To: Candice Perkins Sent: Thursday, November 21, 2019 3:41 PM Subject: Delivered: Draft of Rezoning 04-19 Perry Properties Your message has been delivered to the following recipients: Candice Perkins (cperkins(&fcva.us) Subject: Draft of Rezoning 04-19 Perry Properties Pam Deeter To: Gene Fisher; H. Paige Manuel; Lawrence Ambrogi Subject: Rez. #04-19 Perry Properties Attachments: Perry Properties, LLC #04-19 Approval.doc Good afternoon, Please find attached an approval letter from Ms. Perkins for the rezoning 404-19 Perry Properties. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us Pam Deeter From: Microsoft Outlook To: H. Paige Manuel Sent: Monday, January 13, 2020 3:20 PM Subject: Relayed: Rez. #04-19 Perry Properties Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: H. Paige Manuel (hpmanuel(cbcomcast.net) Subject: Rez. #04-19 Perry Properties Pam Deeter From: Microsoft Outlook To: Lawrence Ambrogi Sent: Monday, January 13, 2020 3:20 PM Subject: Relayed: Rez. #04-19 Perry Properties Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Lawrence Ambrogi(lawbrogi(@gmail.com) Subject: Rez. #04-19 Perry Properties Pam Deeter From: Microsoft Outlook To: Gene Fisher Sent: Monday, January 13, 2020 3:20 PM Subject: Delivered: Rez. 404-19 Perry Properties Your message has been delivered to the following recipients: Gene Fisher (gene.fisher(abfcva.us) Subject: Rez. #04-19 Perry Properties 151 Win y Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING October 17, 2019 Frederick County Planning Department Attn: Candice Perkins, Assistant Director 107 North Kent Street Winchester, VA 22601 RE: Perry Properties Commercial Rezoning Revised Proffer Statement Comment Response Letter Dear Candice: As you know, I prepared a comment response letter that was provided to VDOT, the County Attorney and the Planning Department specific to the Perry Properties Commercial Rezoning Proffer Statement dated June 19, 2019, which included a revised Proffer Statement dated September 5, 2019. Each agency reviewed the revised September 5, 2019 Proffer Statement and there were a few minor comments that have been addressed in the final Proffer Statement dated October 17, 2019. The following information is intended to provide additional comment responses specific to the final Proffer Statement dated October 17, 2019: Preliminary Matters Section ➢ The October 17, 2019 Proffer Statement references and includes the Rezoning Plat that provides the surveyed boundary between the B-2 District and M-1 District portions of the subject property as requested by the County Attorney. Transportation Improvements Section ➢ The October 17, 2019 Proffer Statement requires the submittal of a traffic study for any land use that is developed on the B-2 District portion of the property when traffic counts exceed 3,000 VPD and requires the Owner to make improvements to the Millwood Pike/Independence Drive/Constitution Drive intersection and/or Constitution Drive if warranted. The 3,000 VPD was utilized as acceptable background traffic in the VDOT approved TIA for the recently constructed improvements at the Millwood Pike/Independence Drive/Constitution Drive intersection. ➢ The proffered October 17, 2019 Transportation Improvements Exhibit provides a Landscape Enhancement Area Detail as requested by the Planning Department. Project #0297/EAW 0 General Matters ➢ The Rezoning Proffer Statement provides commitments specific to the 6.18± portion of the subject properly to mitigate transportation impacts associated with the rezoning request. VDOT has requested proffers for the M-1 District portion of the properly including construction of a third west bound through travel lane along the entire frontage of Millwood Pike, construction of a right turn lane along the M-1 District portion of the Millwood Pike frontage, right-of-way dedication along the M-1 District portion of the Millwood Pike frontage, and construction of a foul' -lane section of Constitution Drive along the M-1 District portion of the subject properly. These requests are extreme and are outside of the scope of the rezoning request. VDOT will have an opportunity to evaluate future land use applications for the M-1 District portion of the properly through future rezoning requests or through the Site Plan review process and will be able to determine warranted improvements specific to the M-1 District portion of the subject property at those points in time. y The Rezoning Proffer Statement does not provide for one shared monument business sign for the 6.18± portion of the subject property. The property owner believes that the sign requirements in Section 165-201.06 of the Zoning Ordinance provide for acceptable regulations for commercial development in the County. The property owner desires to utilize the same regulations that are available to other commercial properties in the County. Please review the information in this letter and the October 17, 2019 Proffer Statement and October 17, 2019 Proffered Transportation Improvements Exhibit and advise me if you have any questions. Sincerely, Evan Iyatt, Diiector of Land Planning Greenway Engineering Cc: Mike Perry, Perry Properties, LLC Project #0297/EAW 2 ! • 151 WiliHill Lane G R C= E N WAYWinchester, VA 22602 ENGINEERING September 19, 2019 Virginia Department of Transportation Attn: Matt Smith, P.E and Bobby Boyce, Land Development Engineer 14301 Old Valley Pike Edinburg, VA 22824 Frederick County Attorney's Office Attn: Rod Williams, County Attorney 107 North Kent Street Winchester, VA 22601 Frederick County Planning Department Attn: Candice Perkins, Assistant Director 107 North Kent Street Winchester, VA 22601 RE: Perry Properties Commercial Rezoning Revised Proffer Statement Comment Response Letter Dear Matt, Bobby, Rod and Candice: I received your review comments specific to the Perry Properties Commercial Rezoning Proffer Statement dated June 19, 2019. There were several comments that were similar from each agency resulting in a fairly comprehensive revision to the Proffer Statement; therefore, I thought it would be more efficient to prepare a joint review agency conunent response letter for the purpose of summarizing these revisions. Please note that following information for the revised Proffer Statement dated September 5, 2019: Transportation Improvements Section 1) Proffer A.I has been revised to provide for the additional right-of-way that will be needed for the Constitution Drive southbound lane widening and for applicable easements that are determined during the public improvement plan approval process. The improvements and easements in this section are required to be completed prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the proffered improvements and easements. Note: This revision is intended to address VDOT Comment #1 and County Attorney Bullet Point Comment 3 Project 40297/E-AW 2) Profl'er A.2 has been revised to provide for the right and ICR turn lane/tapers that may be determined) to be required during the public improvement plan approval process. This section does not commit to specific design standards such as median extension as this will be determined during the public improvement plan approval process. The improvements in this section are required to be completed prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the full access commercial entrance. Note: This revision is intended to address VDOT Con ntent #2 culd County Attorney Ballet Point Continent 3 3) Proffer A.3 has been revised to provide for the completion of the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the right-in/right-out commercial entrance. The general location of the right-in/right-out coI mercial entrance has been previously discussed with VDOT and will meet the current entrance spacing requirements from the Constitution Drive intersection and from the existing right-in/right-out colh mercial entrance that Is to the west oil Millwood Pike. The VDOT comment regarding the right turn lane/taper is addressed in Proffer A.4. Note: This revision is intended to address County Attorney Bullet Point Connnent 3 4) Proffer AA has been revised to provide for the completion of the right turn lane between the Constitution Drive intersection and the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the right turn lane area. This section does not commit to specific design standards as this will be determined during the public improvement plan approval process. Note: This revision is intended to address VDOT Comment #3 and County Attorney Bullet POu71 C0171ment 4 5) Proffer A.5 has been revised to provide for the completion of the internal private road network between the full access commercial entrance and the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy pern-it for the B-2 portion of the property. Note: This i-evisi.on is i7te7ided to address VDOT Comment #2 and #3 specific to in.tel--parcel connection and County Attoiwey Bullet POin.t C0777nient 4 6) Proffer A.6 provides for additional right-of-way dedication for the B-2 portion of the property along the Millwood Pike frontage and the Proffered Transportation Improvements Exhibit has been revised to provide the dimensions and area for the dedication and to provide for the variable right-of-way width of Millwood Pike; as well as the distance between the right turn lane area and the B-2 portion of the property. Millwood Pike has a variable right-of-way width of 194'± to 198'± along the frontage of the B-2 portion of the property which is more than Project #0297/EAW 2 adequate to accorni 7odatc the Comprehensive Policy Plan designation of a 6-lane divided facility when this improvement project is funded in the future by VDOT and Frederick County. The revised Proffer Statement does not provide any commitment for the Coll StructlOil Of all additional through lane on Millwood Pike and the property Owner has advised that this will not be offered in conjunction with the rezoning request. Note: This revision is intelidecl to acich-ess VDOT Continent #4 and #5 7) Proffer A.7 has been revised to provide for the completion Of the 10' asphalt trail along the Constitution Drive frontage of the B-2 portion of the property that is located outside of the public right-of-way prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: T his revision is inteiidecl to address Comity Attorne), Bullet Point Comment 4 8) Proffer A.8 has been provided for the construction Of a 10' asphalt trail along the Millwood Pike frontage of the B-2 portion of the property that is located within the public right-of-way. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: This new pro�/•er is intended to address VDOT Comment #5 and County Planning Continent #2 9) Proffer A.9 has been revised in its entirety to limit development within the B-2 portion Of the property to 3,000 VPD based on actual traffic volumes prior to additional traffic studies being required and provides for requirements for traffic counts to be conducted by the property owner that will be provided to VDOT and Frederick County. Note: This revision is intended to address VDOT Comment #6 and County Attorney Bullet Point Continent 5 10) Proffer A. 10 has been revised to be consistent with the requirements in revised Proffer A.9 and to correct the spelling of Independence Drive. Note: This revision is intended to address VDOT Comment #6 and County Attorney Bullet Point Comment 6 11) Proffer A.11 has been provided to provide additional landscaping along the Millwood Pike frontage Of the B-2 portion of the property that is located between the 10' asphalt trail and the parking lot areas to provide for corridor enhancements. The additional landscaping will be designed and installed specific to any Site Plan that has frontage along Millwood Pike. Note: This new proffer is intended to address County Planning Comment #3 Project #0297/GAW 3 9 Please review the Information In this letter and the revised Proffer Statement and Proffered Transportation huprovements Exhibit and advise me If you have any questions. If not, I would appreciate your comments for the proposed revisions at your earliest possible convenience. Sincerely, Li Evan Wyatt, Dire for of Land Planning Greenway Engineering Cc: Mike Perry, Perry Properties, LLC Project #0297/EAW 4 Evan Wvatt From: Rod Williams <rwillia@fcva.us> Sent: Friday, September 20, 2019 3:43 PM To: Evan Wyatt Cc: Candice Perkins Subject: RE: Perry Properties rezoning Evan, I have reviewed the Proffer Statement dated September 5, 2019. Subject to one small comment that can be addressed without the need for further review, it is acceptable as to legal form. The comment is that the Rezoning Plat should be actually included as part of the Proffer Statement and so referenced at the end of the Preliminary Matters section as "the attached Rezoning Plat ...". I neglected to make this comment previously — my apologies. Thanks. `•. From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, August 14, 2019 9:30 AM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us> Subject: RE: Perry Properties rezoning Hi Rod, I hope you enjoyed your time away from the office. I appreciate the quick turnaround on your review and will make the editorial revisions and discuss the timing comments with Mike Perry and will be back in touch. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, August 13, 2019 1:22 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperl<ins@fcva.us> Subject: Perry Properties rezoning Dear Evan — Please see my comment letter, attached. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia@fcva.us i COUNTY of FREDERICK Department of'Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 8, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 I2E: Proposed Rezoning for Perry Properties — Second Comment Property Identification Number (PIN): 64-A-158 Dear Evan: I have had the opportunity to review the draft rezoning application for the Perry Properties Commercial Rezoning. This application seeks to rezone 6.18 acres (of a 4497-acre tract) from the M 1 (Light Industrial) District to the B2 (Business General) with proffers. The review is generally based upon the proffer statement dated September 5, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Corridor Enhancements. Proffer 11 regarding landscaping is ambiguous, a detail should be provided that depicts the buffer — this detail could be made part of the transportation exhibit. 2. Side. One shared monument sign for the site should be considered. 3. Verification of Taxes Paid. Submit tax payment verification. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,618 based upon acreage of 6.81 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 Evan Wyatt • From: John Bishop <jbishop@fcva.us> Sent: Wednesday, October 16, 2019 1:18 PM To: Evan Wyatt Cc: Candice Perkins Subject: Perry Property Rezoning Evan; Thank you for the opportunity to comment on the proposed Perry Property rezoning at the intersection of Route 50/17 and Constitution Drive. I have reviewed your revised proffer statement along with the comments you had received from VDOT and the County attorney and have no further comment at this time. I reserve the right to comment further as the application proceeds forward should the draft change or currently unforeseen items arise. Thank you John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Monday, March 18, 2019 8:52 AM To: Evan Wyatt Subject: RE: Perry Properties TIA Waiver Request Evan, You are good to proceed without a TIA for the 6 acres owned by Perry as proposed in the waiver request you have submitted to me. Thankyou John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Tuesday, March 12, 2019 9:01 AM To: John Bishop <jbishop@fcva.us> Subject: Perry Properties TIA Waiver Request Hi John, Hope all is well your way —just a quick follow up to see where you are with the TIA waiver request that was submitted a couple of weeks ago so I can give Mike Perry an update. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com FTCA4� I[U;r REENW AY ENGINEERINNG 1 Evan Wyatt • From: Arthur Boyce <bobby.boyce@vdot.virginia.gov> Sent: Thursday, October 10, 2019 5:04 PM To: mcheran@co.frederick.va.us Cc: Matthew Smith; Funkhouser, Rhonda (VDOT); Evan Wyatt Subject: Frederick County - Route 50 -- Perry Properties Commercial Rezoning and Subdivision << ... >> DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Dear Mr. Cheraw \Ve have reviewed the above subject Commercial Rezoning Proffer Statement received September 51 2019. This application is to rezone and subdivide a 6.18 acre portion of the existing 44.97 acre parent parcel from 13-2 to \,I-1 . Our comments appear to be addressed with the following exceptions: Proffer #1 - The proffer indicates the necessary additional right-of-way dedication along Constitution Drive and references the. September 5, 2019 Exhibit. However. the dedication is not indicated on the exhihit (notation or graphic). Relocating the curb &, Outter 2' along the Constitution Drive frontage between A and B is now acknowledged and proffered. The asphalt trail is off the proposed right-of-way if agreeable with the County. Proffer #2 (Repeat Comment) - The proposed commercial entrance on Constitution Drive will also require either a Joint -use entrance or interparcel Connection will the N,I-I parent tract. See Virginia Access Mana`(lement Regulation. Proffer #3 (Repeat Comment) - The proposed commercial entrance on Millwood Pike will also require either joint -use entrance or interparcel connection with the NI -I parent tract. This should be reflected somewhere in the proffer statement. See Virginia Access IManage.nnent Regulation. Proffer #4 - The future additional through lane on 1\/Iillwood Pile should he installed along the frontage of both the proposed (B-2) and parent tract (M-1) when each develop. This additional through lane \vill act as a continuous right turn lane until needed at a future date. All entrances installed \viil then need to be offset 12'additional feet just as was done on Constitution Drive.. The applicant is proffering to construct the right turn lane oil the B-2 frontage however this should be proffered oil the N/1-1 as well. Right turn lanes could then he constructed during a public improvement project and have very little impact to the entrance, parking lots, etc... Proffer #5 —Thus internal road may provide the interparcel connections With the M-I parent tract near Millwood Pike and Constitution Drive commercial entrances. Proffer #6 (Repeat Comment) - A dimension should Ile I)I'ovICICCI In the text and/or exhibit and should ilICIUCIC the residual (M-I). We need to verify that the width of the right-of-way dedication will accommodate the County Comprehensive Plan designation of a 6-lane divided facility for US 17/50 with the N4PO Bicycle and PeClesti-I ll Master Plan facilities along this section of US 17/50. Proffer 419 - The dcvcl` l It limit ol,..000 VI'I) needs to he based codes. 'I'his is the only \\;Iv to determine / verily the pol'Iiial "ite vchicul;Ir \olunic• to dcvclopinclit I'or (I)c initiill silt IIIMI). Suhsrqucnt site plans on the 11-2 portion of (he dcvclopnu•nt nlay he salpported by ilMlill lraffiC counts. A dilTcrcn( Use Coulcl douhlc trafllC ucnerated ;Intl that Could have nn unkno\\n inlllact on the adj;ICent ro;ul networks. 'Therefore. VI)( 'I' recommends it 3,000 VPD cap hosed on (he Current version of the I'l l.'I'rip Generation \Manual, as (he nlaxintuln development associated with the re✓.oiling. I1xCCCdi11,-, this tl-ip threshold would require it prolTer anlcndnlent with the provision for in additional 'I'IA to determine impacts and rcconlnlendcd mitigation improvements to he provided by the developer. Proffer #10 - Given proffer 119, we, do not see where. Proffer 4110 is necessary. 'I'he'TI'Ol / NI ('U Improvements will he completed prior to the initial development on the Perry Property. Repeat Comment on Parent Parcel - The existing 80' 1.1ght-of-wa1' on Constitution Drive is insufficient for future widening of the 2 lane road to (he U41) design depicted in Frederick County's Transportation Plan. Easenlents are also needed for Construction grading, slope maintenance, drainage, utilities, etC... The inadequate space. would render the future widening on Constitution Drive impossible without the voluntary dedication of additional right-of-way and easements I'rom this 44.97 acre parcel. This rezoning, and subdivision provides an opporttnity to ensure Complete widening of the facility bV it developer or a LIovernnlent enti(y. 'I'hercfore. we suggest that the right-of-way and easements for the U41) are secure with the rezoning approval and the 4 lane improvements be tied to the first site plan submission for the iv1-I portion of the. property. \Ve appreciate the CountV's efforts to include VDOT in the early planning stages for development and the opportunity to provide ColllnlentS. if 1'(ltl have any questions or need I'tlrther inf'ormatlon, please do not hesitate to 01ve I11C it Call. Sincerely. fd4 Facice Bobby Boyce VDOT- Land Development Engineer Shenandoah, Frederick, Clarke, S: \Varre.n Counties 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5631 From: Arthur Boyce <bobby.boyce@vdot.virginia.gov> Sent: Wednesday, August 28, 2019 9:20 AM To: 'mcheran@co.frederick.va.us' <mcheran@co.frederick.va.us> Cc: Tunkhouser, Rhonda (VDOT)' <Rhonda.Funkhouser@VDOT.Virginia.gov>;'Smith, Matthew, P.E. (VDOT)' <Matthew.Smith@vdot.virginia.gov>; 'ewVatt@greenwaveng.com'<ewyatt@greenwaVeng.com.> Subject: Frederick County - Route 50 -- Perry Properties Commercial Rezoning << ... >> DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 �EIV Rezoning Comments Wo W��pU lic Worl's & Insi�ectioi Frederick County Department of Public rs 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 Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: B-2 & M-1 Acreage: 6.18+1- AC Department of Public Works Comments: �/e ,F�. .mod �•,_•.� .H �s „�" �1's � ,►--r . _ Public Works Signature & Date: �— g - 7- Notice to Dept, of Public Works - Please Return This Form to the Applicant 22 0 Rezoning Comments Frederick County Fire Marshal I* Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Fire Marshal's Comments: Fire Marshal's Signature & Zoning requested: BB=2 & M_1 _ Acreage: 6.18+1- AC Notice to Fire Marshal - Please Return This Form to the Applicant 23 C� Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fitto@fcva. us Plan Review & Comments Date Received 7/26/2019 Plan/Permit Type Name Perry Properties Address Millwood PIKE Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Rezoning Application 07-26-19 Winchester Commercial Rezoning Greenway Engineering 540-662-4185 Adequate Inadequate NIA Adequate Inadequate NIA Adequate Inadequate /A Yes No /A Approve Signature: Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 8/2/2019 VA 22602 9 U 315 Tasker Road Stephens City, Virginia 22655 August 14, 2019 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.com RE: Rezoning Application Comment Perry Properties Tax Map Numbers: 64-A-158 6.18+- acres Dear Mr. Wyatt: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Perry Properties commercial rezoning application package, dated June 19, 2019, and received at Frederick Water. Frederick Water (FW) offers comments limited to the anticipated impact/effect upon FW's public water and sanitary sewer system and the demands thereon. The project parcel is in the sewer and water service area (SWSA) and is served by FW. Based on the project's location both water and sanitary sewer services are available. Water service is readily available, with adequate treatment and distribution capacities. Sanitary sewer treatment capacity at the wastewater treatment plant is presently available for the anticipated 9,000 gpd 6.18-acre site, but the sewage conveyance system has areas with limited capacity. Flows from the subject rezoning site will flow to the West View Business Center sewage pumping station. The West View pump station requires upgrades to ensure adequate capacity is available to handle the projected 9,000gpd of sewage from the subject rezoning site. In recent months, the pump station has experienced overflows when the pump station facility was overwhelmed by excess flows. The pump station was designed and constructed by the developer of West View Business Center to accommodate the development's sewage flows, of which an adjacent 26-acre split zoned B2/M1 site remains undeveloped. ❑� 50 ANNIVERSARY Water At Your Service WO -� rage z Perry Properties comm l rezoning application • Evan Wyatt August 14, 2019 Flows which leave the West View pump station ultimately flow into additional downstream pump stations that also warrant consideration. The US 50 East Sewage Pumping Station is also in need of upgrades to accommodate additional flows. Please keep in mind that sewer conveyance capacities and water supplies change daily, and with new customer connections bring additional flows. This letter does not guarantee system capacities to accommodate your development proposal, but offers a point in time observation to assist in the decision make process associated with rezoning a property. Water and sanitary sewers are to be constructed in accordance with the FW standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Thank you for the opportunity to offer review comments. Sincer y, a Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 I] Hand deliver to: Fred-Winc Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 6624185 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: B-2 & M-1 Acreage: 6.18+I- AC Fred-Winc Service Authority's Comments: s Acators .� � � )1)A Fred-Winc Service Authority' Signature & Date: , n—. 't / c Notice to Fred -Wine Service Authority - Please Return Form to Applicant 34 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 0 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact Analysis, and�any other'pertinent information, Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: e-2 & M-1 Acreage: 6.18+/- Ac Winchester Regional Airport's Comments: Winchester Regional Airpo Signature & Date: '¢ Notice to Winchester Regi al Airport - Please Return Form to Applicant 31 PERRY PROPERTIES COMMERCIAL REZONING IMPACT ANALYSIS STATEMENT Tax Parcel 64-A-158 (Portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owner: Perry Properties Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Gamma), Engincering • June 19, 2019 Perry Propeilies Rezoning Revised Oeloher 17, 2019 PERRY PROPERTIES COMMERCIAL DEVELOPMENT INTRODUCTION This report has been prepared for the purpose of assessing the Impact on Fredrick County by the proffered rezoning of a 6.18±-acre portion of a 44.97± acre subject property owned by Perry Properties, and identified as Tax Map Parcel 64-A-158. The subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. The 44.97± acre subject property is currently zoned M-1, Light Industrial District and the Owner proposes to rezone the 6.18±-acre portion of the subject property to B-2 Business General District with proffers to allow for the property to be marketed for commercial development at this intersection along the Millwood Pike corridor. Basic information Location: Fronting on the north side of Millwood Pike (U.S. Route 50 East) and the west side of Constitution Drive. Magisterial District: Shawnee District Property ID Numbers: 64-A-158 Current Zoning: M-1, Light Industrial District Current Use: Office and Heavy Construction Equipment/Concrete Yard Proposed Zoning: B-2, Business General District (6.18±-acre portion of subject property) Proposed Use: Commercial Development Total Rezoning Area: 6.18±-acre with proffers for portion of the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. File #0297 Impact Analysis Statemenl/GAW 2 Greenway lingineeing June 19, 2019 Perry Properties Rezoning Rcvised October 17, 2019 The 44.97± acre subject property is Currently located outside of the UDA; however, expansion of the UDA boundary to accommodate the proposed development of commercial land use on the 6.18±-acre portion of subject property is not required for this rC7.011i11g application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 44.97± acre subject properly is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed developnIClll Of Co111111C1'Clal land use on the 6.1 8±-acre portion Of subject property is not required for this rezoning application. Comprehensive Plan Conformity The Perry Properties 44.97± acre subject property is a component of the Senseny/Eastern Frederick Land Use Plan (SEFLUP) which is a large area plan within the County's Comprehensive Policy Plan. The subject property is located within the central area of the laIld use plan and Is identified as industrial land Use based on Its Current zoI incr and ID developIllent Condition. AdjoiIling properties to the north, south, east and west Of the subject property are identified for future commercial land use and for park land. The SEFLUP Transportation Map identifies the location of a new major Collector road (Constitution Drive) Lit the intersection of Millwood Pike (U.S. Route 50 East) and Independence Drive (Route 1092) which proceeds north along the eastern boundary of the subject property. The new ni lJor collector Toad has been constructed along the eastern boundary of the subject property to serve the FBI Records Center Facility. The 6.18±-acre portion of the subject property is consistent with adjoining property land use designations and would be accessible from Millwood Pike and Constitution Drive; therefore, the proposed commercial rezoning of this portion of the subject property would be in conformity with the Comprehensive Policy Plan. SUITABILITY OF THE SITE A rr-Pcc The 6.18±-acre portion of the subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. Millwood Pike is a four -lane divided major arterial roadway and Constitution Drive is a four -lane divided major collector road that transitions to an undivided roadway approximately 600 feet to the north of the intersection with Millwood Pike. Access to 6.18±-acre portion of the subject property is planned to be provided with a shared right-in/right-out commercial entrance on Millwood Pike and a full commercial entrance located on Constitution Drive to the north of the divided section of the major collector road. The Owner's Proffer Statement provides for the construction of the File 110297 Impact Analysis Statement/FAW 3 Greenway Nnginccring 0 Junc 19, 2019 • Perry hopeilies Rezoning Revised October 17, 2019 shared right-in/right-out commercial entrance on Millwood Pike, the full commercial entrance located on Constitution Drive and the private internal road network to provide ingress and egress to the 6.18±-acre portion of the subject property in Conjunction With the initial Site Plan within the B-2 District. Flood Plains The 6.18±-acre portion of the subject property does not contain areas of iloodplain as demonstrated on FEMA NFIP Map #51069CO219D and #51069CO240D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 6.18±-acre portion 01' the subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map and information from the Frederick County GIS Database. Soil Types The 6.18±-acre portion of the subject property contains three soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 1 B Berks Channery Silt Loams 2-7% slope 3B Blalrton Silt Loanis 2-7% slope 9C Clearbrook Channery Silt Loams 2-15% slope The Blaitron Silt Loam soil type is identified as a prime agricultural soil. The three soil types range from moderate to severe for the construction of small commercial buildings based on slope and wetness properties. The 44.97± acre subject property has been developed in areas with the same soil types; as well as commercial, office and industrial land uses within proximity of the subject property. The soil type is conducive for commercial development within the 6.18±-acre portion of the subject property. Other Environmental Features The 6.18±-acre portion of the subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the proposed commercial development project. File #0297 Impact Analysis Statemenl/EAW 4 Greenway lingmeering 0 June 19. 2019 • ferry Properties Rezoning Reviscd October 17. 2019 SURROUNDING PROPERTIES Adiolning property zoning and present use: North: M-1, Light Industrial District South: B-2, Business General District East: B-2, Business General District West: M-1, Light Industrial District TRANSPORTATION Use: Undeveloped (Perry Engineering) Use: Commercial/Retail (Harley Davidson) Use: Office (FBI Records Facility) Use: Office and Heavy Construction Equipment/COnCrCtC Yard (Perry Engineering) The 6.18±-acre portion of the subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. Access to 6.18±-acre portion of the subject property is planned to be provided with a shared right-in/right-out commercial entrance on Millwood Pike and a full commercial entrance located on Constitution Drive to the north of the divided section of the major collector road. The Owner's Proffer Statement provides for the Construction of the shared right-In/right-out commercial entrance on Millwood Pike, the full commercial entrance located on Constitution Drive and the private internal road network to provide ingress and egress to the 6.18±-acre portion of the subject property in conjunction with the initial Site Plan within the B-2 District. VDOT working in partnership with Navy Federal Credit Union (NFCU) has obtained funding and recently completed the construction of additional improvements to the Millwood Pike intersection with Constitution Drive and Independence Drive. NFCU commissioned a Traffic Impact Analysis and Signal Justification Analysis for this intersection to determine the improvements that would be necessary to improve the level of service and enhance safety for the traveling public. The final Traffic Impact Analysis and Signal Justification Report dated November 27, 2017 was approved by VDOT and provided the basis for funding and design of improvements at this intersection. The Report identifies the recommended improvements on Page 60 (attached) that includes new traffic signalization and widening of the existing median crossing, dual left turn lanes on Independence Drive to accommodate westbound turning movements onto Millwood Pike, the extension of the right turn lane on Millwood Pike to accommodate northbound turning movements onto Constitution Drive, and the extension of the left turn lane on Millwood Pike to accommodate sorthbound turning movements onto Independence Drive. File #0297 Impact Analysis Statement/EAW 5 Greemway Engineering June 19, 2019 Perry Propeitics Rezoning Revised October 17, 2019 Greenway Engineering met with the Frederick County Transportation Planning Director to discuss the proposed COIIIIIICI-CIal rezoning at the Millwood Pike/Constitution Drive intersection and was advised that VDOT and the County agreed to use a background aSSLllllpt1011 of 6,000 GSF 01 fast-food With driVC-thrOLlgh Service as by -right development in this location Of Tax Parcel 64-A-158 which is identified on Page 14 of the Report (attached). Greenway Engineering submitted a TIA Waiver request to the Frederick County Transportation Plalllllllg Director that was approved With the understanding that commercial development within the 6.18±-acre portion Of the subject property Would be limited to 6,000 GSF and additional Commercial development would be restricted until the completion of the recommended intersection improvements that have been funded. Additionally, the TIA Waiver request was approved with the understanding that additional TIAs Would be required in Conjunction With Site Plans for Commercial projects that exceeded 6,000 GSF within the 6.18±-acre portion Of the subject property if deemed necessary by VDOT and Frederick Count),. The Owner's Pro11er Statement provides 101. these commitments within the Transportation Section. The Owner has provided a Proffer Statement to mitigate transportation impacts associated with the rezoning of the 6.18±-acre portion of the subject property from the M-1 District to the B-2 District. The proffered transportation improvements include the following: Widening of the Constitution Drive southbound travel lanes to match the northbound travel lanes. Shared right-In/right-out commercial entrance access on Millwood Pike. y Full commercial entrance access on Constitution Drive to facilitate protected left turn movements onto Millwood Pike at the signalized intersection. y Construction of a continuous right turn lane on Millwood Pike between the Constitution Drive intersection and the shared right-in/right-out commercial entrance. ➢ Millwood Pike right-of-way dedication. y Construction of an off right-of-way 10' asphalt hiker/biker trail paralleling Constitution Drive along the 6.18±-acre portion of the subject property. ➢ Construction of all On right-of-way 10' asphalt hiker/biker trail along the Millwood Pike property frontage of the 6.18±-acre portion of the subject property. Y Additional TIA Reports during Site Plan process if deemed necessary by VDOT and Frederick County and improvements to the Millwood Pike/Constitution Drive intersection and Constitution Drive if warranted. The Owner's Proffer Statement provides for transportation enhancements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal and throughout the commercial build -out of the 6.18±-acre portion of the subject property. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick File #0297 Impact Analysis Statement/EAW 6 oieenway Filginecring 0 June 19, 2019 • ferry Properties Rezoning Revised October 17, 2019 Water Is the prOVldCr of public sewer service and owns and maintains tile public sewer Infrastructure Within this area Of the County. The subject property currently operates a small private sewer grinder pump station for the existing Perry Engineering Office and Winchester Building Supply Which pLllllpS into a public 6-inch force main installed under Millwood Pike (U.S. Route 50 East). The 6-inch force main extends into the Westview Business Centre -Navy Federal Credit Union Pump Station which then directs effluent into the larger Frederick Water sewer collection system in their Eastern Service Region. This collection system directs effluent to the Opequon Wastewater Treatment Facility. The 6-inch force main will be utilized by the FBI Records Facility that is currently under construction. It is anticipated that the buildOLIt ol' the subject property will yield 15,000 square feet of commercial land use. Bascd on comparable discharge patterns and typical flows front the 6.18±-acre portion of the subject property, a 60 gallons/day per 100 square feet calculation for commercial development with food preparation is appropriate for the sewer demand projections specific to this rezoning application. Q = 60 gallons/day per 100 square feet commercial Q = 60 GPD x 150 (15,000 sq.ft./100 sq.ft.) Q = 9,000 GPD TOTAL: Q = 9,000 GPD projected sever demand The Westview Business Centre -Navy Federal Credit Union Pump Station has a design capacity of 54,150 GPD. Flow data for this pump station averages 20,395 GPD; therefore, the pump station has a remaining capacity of 33,755 GPD. There are two projects currently Linder Construction that will add flows to this pump station. The FBI Records Facility is projected to require 16,100 GPD, and the Navy Federal Credit Union Office Building 3 is projected to require 7,180 GPD. This pump station will have a remaining capacity of 10,475 GPD after the completion of these office projects; therefore, the projected 9,000 GPD service demand for the 6.18±-acre commercial rezoning can be accommodated Without improvements to this facility. Evaluation of the Frederick Water 2017 Sanitary Sewer Master Plan dated August 17, 2017 identifies the subject property discharge into the Eastern Service Region. Review of the Eastern Service Region's Existing Conditions Section and Table 2.3 "Pump Station Summary" demonstrates that the major downstream pump stations identified as the U.S. 50 East Pump Station and the Senseny Road Regional Pump Station have capacity sufficient to accommodate the projected 9,000 GPD service demand for the 6.18±-acre commercial rezoning. The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. Frederick Water currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 9,000 GPD for the 6.18±-acre commercial rezoning represents 0.31 % of available treatment capacity; File #0297 Impact Analysis statement/GAW 7 Grccmvay 1?ngmeering • June 19, 2019 • Perry Properties Rezoning Revised October 17. 2019 therefore, the proposed rezoning can be sufficiently accommodated by public Sewer Service through a system with adegUatC conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service and owns and maintains the public water infrastructure within this area of the County. Frederick Water has an existing 12-Inch water transmission main located along Independence Drive that extends across Millwood Pike (U.S. Route 50 East). The Subject property has an 8-inch water line along the frontage of the property that serves the existing land uses and will serve the proposed commercial land uses. It is anticipated that the bUildOUt of the subject property will yield 15,000 square feet of commercial land use. Based on comparable demands, a 60 gallons/day per 100 square feet calculation for commercial development with food preparation is appropriate for the water demand projections specific to this rezoning application. Q = 60 gallons/day per 100 square feet commercial Q = 60 GPD x 150 (15,000 sq.ft./100 sq.ft.) Q = 9,000 GPD TOTAL: Q = 9,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water capacity to serve the subject property based on current and future demands. Additionally, Frederick Water has existing infrastructure that provides adequate transmission of potable water with adequate water pressure for land use and fire demands. Therefore, the proposed commercial rezoning can be sufficiently accommodated by public water service with adequate conveyance and pressure. SITE DRAINAGE The topographic relief on the 6.18±-acre subject property generally follows an east -to - southeast pattern which directs drainage towards the front of the property. Greenway Engineering has evaluated storm flows that would occur with the development of the 6.18±- acre commercial subject property which will be designed to drain toward the Millwood Pike (U.S. Route 50 East) roadside drainage swale and through piping and culverts located within the public right-of-way before reaching Opequon Creek. Commercial development specific to the 6.18±-acre subject property is expected to exceed the thresholds for stormwater management waivers; therefore, stormwater quality and quantity will be evaluated, and appropriate measures will be implemented on -site to mitigate File #0297 Impact Analysis Statement/F.AW Oreenway Engineering June 19, 2019 • Pciry Properties Rezoning Revised October 17, 2019 storinWater impacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify stOrnlWatCr VOIL1111CS front the proposed development of the subject property to ensure that there are n0 detrimental impacts to the regional storinwater management facility and to adjoining properties. All slormwater mana(yeincllt plaits and erosion and sedimentation Control plans associated with the development Of the Subject property will be required to be designed in conformance With all applicable state and local regulations; therefore, site drainage and storinwaler management Impacts to adjoining properties and the Co1n111Llllily will be mitigated. SOLID WASTE DISPOSAL The impact oil solid waste disposal lacllltles associated with the development of the proposed commercial land use Oil the 6. 18±-acre portion Of the Subject properly proposed for rezoning can be projected from all average annual coI mercial consumption 01 5.4 cubic yards per 1,000 square feet Of structural area (Civil Engineering Reference Manual, 4`I' edition). It is anticipated that the buildout of the subject property will yield 15,000 square feet of commercial land use. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based oil commercial development on the 6.18±-acre portion of the subject property proposed for rezoning: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 15 (15,000 sq. ft./1,000 sq. ft.) AAV = 81 cu. yd. at build -out, or 56.7 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13, 100,000 cubic yards Of air space. The projected commercial development Will generate approximately 56.7 tons of solid waste annually on average. This represents a 0.028% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a connnercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Carper -Wynn House (#34- 1 129) and the Wilt -Dunn -Arnold House (#34-1 131) within proximity of the 6.18±-acre portion of the subject property proposed for rezoning. The Frederick County Rural Landmarks Survey identifies both structures as potentially significant properties. The Wilt - Dunn -Arnold House is located approximately '/2-mile from the subject property and the Carper -Wynn House is located approximately 2/3-mile from the subject property. Neither property is visible from the 6.18±-acre portion of the subject property proposed for rezoning due to distance, topography and ►nature vegetation. File #0297 Impact Analysis Stalement/EAW 9 Gicenway I?ngmeering June 19, 2019 Perry Properties Remning Revisal October 17, 2019 The National Park Service Study of Civil War Sites Ill the Shenandoah Valley identifies the 6.18±-acre portion of the subject property proposed for rezoning as being located Outside of defined Civil War Battlefields within the County. Additionally, the subject property is not located within potential historic districts that are identified by the Comprehensive Policy Plan. The development of commercial land use on the 6.18±-acre portion of the subject property proposed for rezoning is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Land Use Plan (SEFLUP) does not identify the subject property Lis historic or as developmentally sensitive area. The proposed rezoning Of the property will not create negative impacts associated with historic properties and historic i'es011l'CCS. OTHER POTENTIAL IMPACTS Tile commercial development of the 6.18±-acre portion of the subject property proposed for rezoning will provide new economic development Opportunities for Frederick County. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to SUI"1'01-iIIdiIlg properties Or to the COLIIlty fl'OIll tile reZ011ing and development of the 6.18±-acre portion of the subject property. 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U h,_ CD u w Ste— Depot aph �. >- IX _U Q i Y o Op ( K W w K LLj _U � - Third Winchester $ a i 0 �O w N z o O U = 3 w 1 4 $ 5 = Feet 600 0 600 \ o I YEo D+su.o F� Cann. w Drs D.n.rwwK mill 0.0 COUNTY of.'FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 20, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 04-19 FOR PERRY PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 8, 2020, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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: ww\v.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Strcct, Suite 202 . Winchester, Virginia 22601-5000 COUNTY Of IXEDERICY Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 A014n 20 Hasler 12/20/2019 ..., , Z20 - 2-- -1 G L 65 - A- - 95- FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA i01.5039 FIRST-CLASS MAIL ZIP 22601 011D11646815 •—;_::^::�:,lflli,l,lll�"i!!'Tillll�![(,i,l+"�ili't,111,iIil�illli,il 10/21/2019 Frederick Homc Dept/Ticket# RE2019 / 309210001 Name PERRY PROPERTIES Name 2 Address 1945 MILLWOOD PIKE WINCHESTER VA Zip 22602 4561 Penalty Paid $846.83 Untitled Page Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 64 A 158 Bill Date 04/18/2019 Due Date 06/05/2019 Desc 44.97 ACRES Interest Paid $77.62 Current Payment Status Original Bill Payments Principal Balance Due Penalty $8,468.33 ($8,468.33) $0.00 Transaction History Date Type Transaction# 6/6/2019 Charge 0 6/7/2019 Principal Paid 15954 6/7/2019 Interest Paid 15954 6/7/2019 Penalty Paid 15954 6/7/2019 Principal Paid 15957 6/7/2019 Interest Paid 15957 https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetai l.aspx $0.00 Supplement# 0 Account# 8020787 Acreage 44.970 Improvements $935,100.00 Land Value $1,841,400.00 Land Use $0.00 Minerals $0.00 Last Transaction Date 06/10/2019 Interest Balance Due $0.00 $0.00 Amount $8,468.33 ($7,634.87) $69.98 $763.48 ($833.46) $7.64 Balance $8,468.33 $833.46 $833.46 $833.46 $0.00 $0.00 1/2 151 Windy Hill Lane GREENWAY Winchester, va 22602 ENGINEERING October 17, 2019 Frederick County Planning Department Attn: Candice Perkins, Assistant Director 107 North Kent Street Winchester, VA 22601 RE: Perry Properties Commercial Rezoning Revised Proffer Statement Comment Response Letter Dear Candice: As you know, I prepared a comment response letter that was provided to VDOT, the County Attorney and the Planning Department specific to the Perry Properties Commercial Rezoning Proffer Statement dated June 19, 2019, which included a revised Proffer Statement dated September 5, 2019. Each agency reviewed the revised September 5, 2019 Proffer Statement and there were a few minor comments that have been addressed in the final Proffer Statement dated October 17, 2019. The following information is intended to provide additional comment responses specific to the final Proffer Statement dated October 17, 2019: Preliminary Matters Section The October 17, 2019 Proffer Statement references and includes the Rezoning Plat that provides the surveyed boundary between the B-2 District and M-1 District portions of the subject property as requested by the County Attorney. Transportation Improvements Section The October 17, 2019 Proffer Statement requires the submittal of a traffic study for any land use that is developed on the B-2 District portion of the property when traffic counts exceed 3,000 VPD and requires the Owner to make improvements to the Millwood Pike/Independence Drive/Constitution Drive intersection and/or Constitution Drive if warranted. The 3,000 VPD was utilized as acceptable background traffic in the VDOT approved TIA for the recently constructed improvements at the Millwood Pike/Independence Drive/Constitution Drive intersection. ➢ The proffered October 17, 2019 Transportation Improvements Exhibit provides a Landscape Enhancement Area Detail as requested by the Planning Department. Pro.iccl #0297/GAw General Matters i The Rezoning Proffer Statement provides commitments specific to the 6.18± portion of the subject property to mitigate transportation impacts associated with the rezoning request. VDOT has requested proffers for the M-1 District portion Of the property including construction of a third west bound through travel lane along the entire frontage Of Millwood Pike, construction of a right turn lane along the M-1 District portion of the Millwood Pike frontage, right-of-way dedication along the M-1 District portion of the Millwood Pike frontage, and construction of a four -lane section Of Constitution Drive along the M-1 District portion of the subject property. These requests are extreme and are outside Of the scope of the rezoning request. VDOT will have an opportunity to evaluate future land use applications for the M-1 District portion of the property through future rezoning requests or through the Site Plan review process and will be able to determine warranted improvements specific to the M-1 District portion Of the subject property at those points 111 time. i The Rezoning Proffer Statement does not provide fOr 011C Shared 11101111ment business sign for the 6.18± portion of the subject property. The property owner believes that the sign requirements in Section 165-201.06 of the Zoning Ordinance provide for acceptable regulations for commercial development in the County. The property owner desires to utilize the same regulations that are available to other commercial properties in the County. Please review the information in this letter and the October 17, 2019 Proffer Statement and October 17, 2019 Proffered Transportation Improvements Exhibit and advise me if you have any questions. Sincerely, &6u (2 . �0, Evan Iyatt, Dli ector of Land Planning Greenway Engineering Cc: Mike Perry, Perry Properties, LLC Project 40297/EAW 2 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, VA 22602 September 19, 2019 Virginia Department of Transportation Attn: Matt Smith, P.E and Bobby Boyce, Land Development Engineer 14301 Old Valley Pike Edinburg, VA 22824 Frederick County Attorney's Office Attn: Rod Williams, County Attorney 107 North Kent Street Winchester, VA 22601 Frederick County Planning Department Attn: Candice Perkins, Assistant Director 107 North Kent Street Winchester, VA 22601 RE: Perry Properties Commercial Rezoning Revised Proffer Statement Comment Response Letter Dear Matt, Bobby, Rod and Candice: I received your review comrnents specific to the Perry Properties Commercial Rezoning Proffer Statement dated June 19, 2019. There were several conurients that were similar from each agency resulting in a fairly comprehensive revision to the Proffer Statement; therefore, I thought it would be more efficient to prepare a joint review agency comment response letter for the purpose of summarizing these revisions. Please note that following information for the revised Proffer Statement dated September 5, 2019: Transportation Improvements Section 1) Proffer- A.1 has been revised to provide for the additional right-of-way that will be needed for the Constitution Drive southbound lane widening and for applicable easements that are determined during the public improvement plan approval process. The improvements and easements in this section are required to be completed prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the proffered improvements and easements. Note: This revision is intended to address VDOT Comment #1 and County Attorney Bullet Point Comment 3 Project #0297/EAW 2) Proffer A.2 has been revised to provide for the right and left turn lane/tapers that may be determined to be required during the public improvement plan approval process. This section does not commit to specific design standards such as median extension as this will be determined during the public improvement plan approval process. The improvements in this section are required to be completed prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the full access commercial entrance. Note: This revision is intended to address VDOT Continent #2 and County Attorney Bullet Point Continent 3 3) Proffer A.3 has been revised to provide for the completion of the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of' the riglit-in/right-out commercial entrance. The general location of the right-in/right-out commercial entrance has been previously discussed with VDOT and will sleet the current entrance spacing requirements from the Constitution Drive intersection and from the existing right-In/right-out commercial entrance that is to the. Nvest on Millwood Pilce. The VDOT comment regarding the right turn lane/taper is addressed in Proffer AA Note: This revision is intended to address County Attorney Ballet Point Continent 3 4) Proffer AA has been revised to provide for the completion of the right turn lane between the Constitution Drive intersection and the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the right turn lane area. This section does not commit to specific design standards as this will be determined during the public improvement plan approval process. Note: This revision is intended to address VDOT Comment #3 and County Attorney Ballet Point Continent 4 5) Proffer A.5 has been revised to provide for the completion of the internal private road network between the full access commercial entrance and the right-in/right-out commercial entrance prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. Note: This revision is intended to address VDOT Continent #2 and #3 specific to inter -parcel connection and County Attorney Bullet Point Continent 4 6) Proffer A.6 provides for additional right-of-way dedication for the B-2 portion of the property along the Millwood Pike frontage and the Proffered Transportation Improvements Exhibit has been revised to provide the dimensions and area for the dedication and to provide for the variable right-of-way width of Millwood Pike; as well as the distance between the right turn lane area and the B-2 portion of the property. Millwood Pike has a variable right-of-way width of 194'± to 198'± along the frontage of the B-2 portion of the property which is more than Project #0297/1 AW 2 adequate to accommodate the Comprehensive Policy Plan designation of a 6-lane divided Facility when this improvement project is funded in the future by VDOT and Frederick County. The revised Proffer Statement does not provide any commitment for the construction of an additional through lane on Millwood Pike and the property owner has advised that this will not be offered in conjunction with the rezoning request. Note: This revision is intended to address VDOT Connnent #4 and #5 7) Proffer A.7 has been revised to provide for the completion of the 10' asphalt trail along the Constitution Drive frontage of the B-2 portion of the property that is located outside of the public right-of-way prior to the issuance of the first certificate of occupancy permit for the B-2 portion of the property. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: This revision is intenclect to address Coma), Attorney Ballet Point Connnent 4 8) Proffer A.8 has been provided for the construction of a 10' asphalt trail along the Millwood Pike frontage of the B-2 portion of the property that is located within the public right-of-way. The Proffered Transportation Improvements Exhibit has been revised to identify the general location of the 10' asphalt trail as well as a schematic that provides dimensions for the asphalt trail and associated grass strip. Note: This new proffer is intended to address VDOT Cominew #5 and County Planning Comment #2 9) Proffer A.9 has been revised in its entirety to lim-it development within the B-2 portion of the property to 3,000 VPD based on actual traffic volumes prior to additional traffic studies being required and provides for requirements for traffic counts to be conducted by the property owner that will be provided to VDOT and Frederick County. Note: This revision is intended 10 address VDOT Comment #6 and County Attorney Bullet Point Comment 5 10) Proffer A. 10 has been revised to be consistent with the requirements in revised Proffer A.9 and to correct the spelling of Independence Drive. Note: This revision is intended to address VDOT Connn.ent #6 and County Attorney Bullet Point Comment 6 11) Proffer A.11 has been provided to provide additional landscaping along the Millwood Pike frontage of the B-2 portion of the property that is located between the 10' asphalt trail and the parking lot areas to provide for corridor enhancements. The additional landscaping will be designed and installed specific to any Site Plan that has frontage along Millwood Pike. Note: This new proffer is intended to address County Planning Comment #3 Project #0297/GAW 3 Please review the Information in this letter and the revised Proffer Statement and Proffered Transportation Improvements Exhibit and advise me if you have any questions. If not, I would appreciate your comments for the proposed revisions at your earliest possible convenience. Sincerely, C� -- Evan Wyatt, Direltor of Land Planning Y � b Greenway Engineering Cc: Mike Perry, Perry Properties, LLC Project #0297/EAW Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Executive Director 9 W. Piccadilly Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred -Wine Service Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662A185 Location of property: North side of Millwood Pike (Route 50 East) and west side o(Constitution Drive Current zoning: M-1 Zoning requested: 13-2 & M-1 Acreage: 6.18+/- AC Fred -Wine Service Authority's Comments: s tfs 4, 14)A Fred-Winc Service Authority' Signature & Date: 1 't I c Notice to Fred -Wine Service Authority - Please Return Form to Applicant 34 E� V E Rezoning Comments lie Works & Inspedlo Frederick County Department of Public Worus 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 Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: B-2 & M-1 Acreage: 6.18+1- AC Department of Public Works Comments: IV Public Works Signature & Date: (/ g 7- Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: B_2 & M_1 _ Acreage: 6_18+1- Ac Fire Marshal's Comments: jp 0�-p 0 C Fire Marshal's Signature & Date• 7 Notice to Fire Marshal - Please Return This Form to the Applicant 23 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive TVinchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email. fitio t�i jcva.us Plan Review & Comments Date Received 7/26/2019 Plan/Permit Type Name Perry Properties Address Millwood PIKE Project Name Applicant Name & Number RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Rezoning Application 07-26-19 Winchester Commercial Rezoning Greenway Engineering 540-662-4185 Adequate Inadequate NIA Adequate Inadequate N/A Adequate Inadequate /A Yes No /A Approve Signature: Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 8/212019 VA 22602 Rezoning Comments Winchester Regional Airport Mail to;. Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hancl deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Location of property: North side of Millwood Pike (Route 50 East) and west side of Constitution Drive Current zoning: M-1 Zoning requested: s-2 & M-1 Acreage: 6.18+1- Ac Winchester Regional Airport's Comments: Winchester Regional Airpo Signature & Date: 1—�{ Notice to Winchester Regi al Airport - Please Return Form to Applicant 31 Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Friday, September 20, 2019 3:43 PM To: Evan Wyatt Cc: Candice Perkins Subject: RE: Perry Properties rezoning Evan, I have reviewed the Proffer Statement dated September 5, 2019. Subject to one small comment that can be addressed without the need for further review, it is acceptable as to legal form. The comment is that the Rezoning Plat should be actually included as part of the Proffer Statement and so referenced at the end of the Preliminary Matters section as "the attached Rezoning Plat ...". I neglected to make this comment previously — my apologies. Thanks. From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Wednesday, August 14, 2019 9:30 AM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us> Subject: RE: Perry Properties rezoning Hi Rod, I hope you enjoyed your time away from the office. I appreciate the quick turnaround on your review and will make the editorial revisions and discuss the timing comments with Mike Perry and will be back in touch. Thanks again, Evan From: Rod Williams <rwillia@fcva.us> Sent: Tuesday, August 13, 2019 1:22 PM To: Evan Wyatt <ewyatt@greenwayeng.com> Cc: Candice Perkins <cperkins@fcva.us> Subject: Perry Properties rezoning Dear Evan — Please see my comment letter, attached. Best, Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia@fcva.us COUNTY or FREDERICI< Department of'Planning and Development 540/ 665-5651 Fax: 540/665-6395 October 8, 2019 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Perry Properties — Second Comment Property Identification Number (PIN): 64-A-158 Dear Evan: I have had the opportunity to review the draft rezoning application for the Perry Properties Commercial Rezoning. This application seeks to rezone 6.18 acres (of a 44.97-acre tract) from the M 1 (Light hidustrial) District to the B2 (Business General) with proffers. The review is generally based upon the proffer statement dated September 5, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency continents are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Corridor Enhancements. Proffer I I regarding landscaping is ambiguous, a detail should be provided that depicts the buffer — this detail could be made part of the transportation exhibit. 2. Sit!iial4e. One shared monument sign for the site should be considered. 3. Verification of Taxes Paid. Submit tax payment verification. 4. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,618 based upon acreage of 6.81 acres. All of the above comments and reviewing agency comments should be appropriately addressed before Staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Wednesday, October 16, 2019 1:18 PM To: Evan Wyatt Cc: Candice Perkins Subject: Perry Property Rezoning Evan; Thank you for the opportunity to comment on the proposed Perry Property rezoning at the intersection of Route 50/17 and Constitution Drive. I have reviewed your revised proffer statement along with the comments you had received from VDOT and the County attorney and have no further comment at this time. I reserve the right to comment further as the application proceeds forward should the draft change or currently unforeseen items arise. Thank you John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Monday, March 18, 2019 8:52 AM To: Evan Wyatt Subject: RE: Perry Properties TIA Waiver Request Evan, You are good to proceed without a TIA for the 6 acres owned by Perry as proposed in the waiver request you have submitted to me. Thank you John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Evan Wyatt <ewyatt@greenwayeng.com> Sent: Tuesday, March 12, 2019 9:01 AM To: John Bishop <jbishop@fcva.us> Subject: Perry Properties TIA Waiver Request Hi John, Hope all is well your way —just a quick follow up to see where you are with the TIA waiver request that was submitted a couple of weeks ago so I can give Mike Perry an update. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone. 540.662.4185 Phone. 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com FP�D`f97� GREENWAY ENGINEERING 1 020001/49 THIS DEED (BOUNDARY LINE ADJUSTMENT), made this 27th day of December, 2001, between Perry Properties, L.P., a Virginia limited partnership, of the one part, hereinafter called the Grantor; and Kathryn M. Werner (formerly Kathryn M. P"erry), 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 that certain strip of land, containing 1.1882 Acres, more or less, lying in Shawnee Magisterial District of Frederick County, Virginia, more particularly described by plat prepared by H. Bruce Edens, Land Surveyor, dated December 20, 2001, attached hereto and by this reference made a part hereof; and being a portion of the property conveyed to the Grantor herein by deed dated December 30, 1976 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 468, at Page 201. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The property conveyed hereby shall merge with and become a part of the adjacent property of the Grantee (which contains 57.8740 Acres), all as more particularly described by the attached plat, which will result in a new tract of land containing 59.0622 Acres. The adjacent property was originally acquired by Ferman W. Perry and the Grantor herein as joint HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRG NIA 0 rn tiY' I CJ tenants with the right of survivorship by deed dated 7anuary 8,.J 1986 and recorded in the aforesaid Clerk's office in Deed Book 609, at Page 164. Upon the death of Ferman W. Perry, the Grantor herein, as the sole surviving tenant, became the sole owner of said adjacent property. WITNESS the following signatures and seals: PERRY PROPERTIES, L.P. a Virginia limited partnership B - 1 (SEAL) William Michael erry e eral Partner By: THE FERMAN W. PERRY RESIDUAL TRUST - General Partner Kathryn M. Werner, Trustee X3q ' (_t�1�t,4a�u► i (SEAL) Kathryn M. Werner STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF 44totgAl Le4_ , To -wit: The foregoing instrument was acknowledged before me this 27th day of December, 2001, by William Michael Perry as General Partner of Perry Properties, L.P., a Virginia limited partnership, on behalf of said partnership. My commission expires C 2 cam✓ (SEAL) Notary Public b'rGI-A •r r STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF haQi1 , To -wit: The foregoing instrument was acknowledged before me this HARRISON b JOHNSTON ATTORNEYS AT LAW WINCHFSTER, VIRGINIA 2 - 27th day of December, 2001, by Kathryn M. Werner (formerly Kathryn M. Perry), individually and as Trustee of The Ferman W. Perry Residual Trust as General Partner of Perry Properties, L.P., a Virginia limited partnership, on behalf of said partnership. }� My commission expires ibdo u/-L 4UJ4."' �"(SEAL) tary Public r,: HARRISON A JOHNSTON ATTORNEYS AT LAW WINCHESTER VIRGIWA - 3 - ��LLwo� PIKE U.S. RYE_ 50 JIC VICINI _ INDUSTRIAL WERE` "=2000' PARK 5 BUSINESS 1 CENTER APPROVED BY: SUBDIVISION ADIMIN15TRATD DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LAND OF FERMAN W. & KATHRYN M. PERRY AND PERRY PROPERTIES AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. PERRY PROPERTIES �, //►► /f")-J�cA•+�1� L[laar+�ai BY: KATHRYN M. PERRY WERNER fIU1THRYN f . PERRY ERN s Trustee o Ferman� Perry esi.Trust; /. STATE OF STATE OF (J� r,IW/COUNTY OF CfW/COUNTY of THE FOREGOING INSTRUMENT WAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS o2I5-� DAY ACKNOWLEDGED BEFORE ME THIS DAY OFr��?f��-- , 2001 BY KATHRYN M. OF 2W",6jA 2001 BY KATHRYN M. ��'l+RI1`L;,WERNER. tee of Ferman �ERF WEI N.14 B?HALF OF PERRY rust �,°."''�F�; ;;.•• MY,COWSSION EXPIRES erry eai ual PROPERTIES. MY COMMISSION. EXPIRES 10-? NOTARY PUMIP I11 V, a NOTARY PU9UC "''SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO FERMAN W. PERRY do KATHRYN M. PERRY DATED JANUARY 8, 1986, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 609 AT PAGE 164 AND A PORTION OF THE LAND CONVEYED TO PERRY PROPERTIES DATED DECEMBER 30, 1976, OF RECORD IN THE SAID CLERKS OFFICE IN DEED BOOK 468 AT PAGE 201. BWNDARY LINE ADJUSTMEW BETWEEN THE LANDS OFx FERMAN W. & KATHRYN M. PERRY'� AND PERRY PROPERTIES URUCE Ea SHAWNEE MAGISTERIAL DISTRICT No. 000182—B FREDERICK COUNTY, VIRGINIA DATE: 12/20/01 COVER SHEEP SHEET 1 OF 3 MARSH & LEGGE LAND SURVEYORS, P.L.C. 1 DRAWN gtf: JGB 560 NORTH LOUDOUN STREET N WINCH£51ER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 Q EMAIL officemmarshondlegge.com I DWG NAME: 1d3615 \ PIN 65—A-103A DAVID C. ROBINSON& / \ CAROL Akk R0BINIkSON \ DB. 434 PG. 824 PIN 55—A-102 i DONALD W. MOULDEN & MELVINA M. MOULDEN IRF OB. 531 PG. 45 Np 83 F I 1.1882 ACRES ADJUSTED IRF I FROM PIN 64-A-158 PERRY PROPERTIES 6 II i I I I PIN 65--A-116 ° o FERMIW W. PERRY do W KKITIRYN M. PERRY ih DB. 609 PG. 164 ay. d coa�j 57.8740 AC (ORIGINAL) a_ a I 59.062-2 AC (ADJUSTED) I 1 I� I i ry I FOR EASEMENT DETAIL _ I SEE SHEET 3 OF 3 U� 4 { CMF i2 EX. BUILDING C�MFCMF _ BMILLWOOD�PIKE O 71IRF (VAR. WIDTH R/W) CMF — NOTES: 1. NO TITLE REPORT FURNISHED. 2. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE "C", AN AREA OF MINIMAL FLOODING PER F.I.R.M. COMMUNITY PANEL NO. 510063 0120 8, DATED, JULY 16. 1978. 3. SEE SHEET 3 OF 3 FOR LINE TABLE. BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF i zo'o OF Ali W. & KATHRYN M. PERRY "7 AND PERRY PROPERTIES A. BRUCE EDENS SHAWNEE W►GISTERUAL DISTRICT No. 000162-B FREDERICK COUNTY, VIRGINIA ",/"'/d DATE: 112/20/01 1 SCALE: 1'-300' SHEET 2 OF 3 -ten suRVLj_ MARSH & IEGGE LAND SURVEYORS, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 1 DRAWN BY: JGB PHONE (540) 667-0468 - FAX (540) 667-0469 FiMl- offica0morshondlegge.com DWG NAME: W3615 C7 CJ7 0 Cr1 �I �I PIN 64-A-158 PERRY PROPERTIES ?4 I)B. 468 PG. 201 11N54'22'32'E PIN 65—A-116 ��� FERMAN W. PERRY tk gI KATHR` N M. PERRY I OB. 609 PG. 164 t SW07'37'E I 2�' I 3+y„Z S53'52'23'V 334T' E ;;-1 31.46' I �:': :' . g4.31' -x�:::.,::.. �c�-�_ = _ ��:�i:��;i:�:�:�'•:�:•t;;±:;;•:;;:;:;•;:;fig t�' — - N35.371281V IRS L4 U.S. ROUTE 60 MILLWOOD PIKE (VAR. WIDTH R/W) IRS L3 SWARY $EWER AND WATER E/1SEWENT HEREBY GRANTED EASEMENT DETAIL 1 "=50' UNE TABLE LINE BEARING DISTANCE Ll N28.13'0l'Y 26A5' L2 W-MOT91W 223.86' L3 N36.0717'V 459r12' L4 N35'372frW 70.00' AREA TABULATION (PIN 66—A-116) ORIGINAL = 57.8740 ACRES FROM PIN 64—A-158 - 1.1882 ACRE5 REMAINING AREA = 59.0522 ACRES AREA. TAD Ji LATiM (PIN ORIGINAL - 44.16 ACRES TO PIN 65—A--1 i =—1.1882 ACRES TOTAL AREA - 44.9718 ACRES ° BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF CRU FERMAN W. & KATHRYN M. PERRY AND PERRY PROPERTIES SWUYtiEE AIAGISTERIAI 1)ISTRrr;.FREDERICK COLINTY, VIRD W+t•',DATE12/20/01 SCALE; 1"-50' SHEET 3 of 3 (i MARSH & LAND SURY�, P.�..C. 560 NORTH LOIJDOU VIROINIA:1 FDEWMC0VWry.SCT. 'a DRAWN gY' JGB PHONE (540) Ttuinsttumenu tofwritingwproduoed/tomean EMAIL Iat I:3 kNAME: 10615 and with certificate of acknowkdgement thereto annexed was admitted to record. Tar imposed by Sco. 58.1.802 bf $ 0.00 and 58.1-%01 have heen paid, if assessable 4"e, �b'7r''v . Clerk fib\ slt752rc1452 I, Douglas C. Legge, on this 1st day of November 1990, do hereby certify that the plat and description attached hereto is a true copy of a survey made by me on the 16th day of October 1990, of a portion of the land conveyed to Perry Properties and Ferman W. Perry & Kathryn M. Perry by Deeds dated 30 December 1976 and 8 January 1986 and recorded in Deed Book 468 at Page 201 and Deed Book 609 at Page 164. The said land lies in Shawnee District, d ,Oz C Certified Land Surveyor STATE OF VIRGINIA COUNTY OF ER EA E k i Gk . To-VtiSt: I, Mi el%Ap 1 A • H gvAm R ANotaryPublicin and for the State of Virginia do hereby certify that this day personally appeared before me L"gg iT whose name is signed to the foregoing instrument dated 1 sfi day of A)&jm6t 19gQand acknowledged the same before me in my State and aforesaid. Given under my hand this 1 day of AInuerAge t 1990 . .. _ . . . _.-- w-._l.. Rl Inal A .\\s u � r CViI� a. 670 � '.V I.'•' ? '\ wincnester Mun,uosl . ' I _ — �` f '-7y: -{•tr DH �VIClNIT'Y MAP APPROVED BY FRED. CO. HEALTH DEPARTMENTT SUBDIVISION ADMINtSTRATOR " DATE OWNER'S CERTIFICATE The above and foregoing Boundary Line Adjustment between the land of Perry Properties and Ferman W. & Kathryn M. Perry, as appears in the accompanying plat, is with the consent and In accordance with the )desires. of the nderslgned owners, rietors, and trustees, if any SURVEYOR'S CERTIFICATE I hereby certify that the land contained In this Boundary Lin© Adjustment Is a portion of the land conveyed to Perry Properties by deed dated 30 December 1976 and a portion of the land conveyed to Ferman W. & Kathryn M. Perry by deed dated 8 Jarivary 1986, said deeds recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Book 468 at page 201 and Deed Book 609 at page 164, respectivoly. Douglas C. Legge, C.L.S. q DOUGM G, LEGGe 1 s MMFICATE tior ; 119 BOUNDARY LINE ADJUSTMENT LAND OF 4 ��Ea IERkEEN THE PERRY PROPERTIES 1AtiC BUP,��J% AND KATHRYN M. PERRY SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA OCTO.B�.EER16, 11990 gilbert W. clittord "R1_ , assoelates, inc. Qn(1nMf1 -Land Plann.ra Ssvr/7a.a ISK olU b,au,A ttiN 1001MU ry.atpwWyYYpu.11�l f10111NJ,1) NIe1MNf. Yu{u 11101 C�M� hMt (1011 N1-011/ SHEET 1 I 6 BK752PIG 1454 0 5 h� Cj h 0c� GP�u4'�� �y� ti �p'� •9 ryO�P P e, �! lkA60p�'p i `f/ - , �y 6{ h P � � 1 NO TITLE REPORT FURNISHED GRAPHIC SgA4E IN FEET 2 PROPERTY IS SUBJECT TO EASEMENTS 1 pp OF RECORIOL 3. THIS PLAT WAS MADE FROM INFORMATION SHO%Ml ON E)OST1NG PUBt.JC RECORDS AND NOT FIELD VERIFIED. BOUNDARY LINE ADJUSTMENTC BETWEEN THE LAND OF VIRGINIA:F DEP,ICKCOUNTY,SCT. PERRY PROPERTIES This instrum to me on the t of w�,r�iting was produced AND day of—— KATFiRYN M. PERRY 19� a arnd with certificate. SHAWNEE MAGISTERIAL DISTRICTof acknowl ment thereto annexed was FREDERICK COUNTY, VIRGINIA admitted to r OCTOBER 16, 1990 JN 111 �o Silbert w. cllffor aeaociatea, Inc. CLERK. �u ..r�.��-L.�na��^wwn" .n Surv.ya. ,o. 401 001i16T M .W,.,�..�..,,,.�,,.,�..,,,,. SHEET 2 �l 1 i J \ M4 #430 KATHRYN M. PERRY, EXECUTOR, ET ALS TO: DEED OF ASSUMPTION PERRY PROPERTIES, L. P. BK67DFc257 THIS Dr.YD or ASSUMPTION dated June 13, 1967 by and between lathryn N. frMyj2xfg %or of Sstaat2 of rem= W. Perry._ Deceased, Jeffrey Allen ftrry and ZW=, hereinafter referred to as Grantors, and plrxy j�rooertiu. L. P., a Virginia Limited Partnership, hereinafter referred to as Grantee, and Dominion Bankl MIT;;ES;Si'1'Hs In consideration of all of the interests in and to the profits, surplus and capital of the Grantee, and for other good and valuable consideration, receipt of which is hereby acknowledged, and in further consideration of the assumption by the Grantee of a certain lien indebtedness as will be hereinafter more fully sat forth, the Grantors do hereby grant and convey, with general warranty and snglish covenants of title, to the Grantee, in foe simple and as specific partnership property, all of the following two tracts or parcels of real estate, together with the improvements thereon and all rights, rights of way and appurtenances theraunto belonging, lying and being situate on the test side of U. a. Highway Ko. 150, about three miles southeast of the City of Uinchester, in Shawnee MaSistarial District, Frederick County, Virginia, more particularly described as follows$ pN=& QNx$ All of that certain tract or parcel of land originally containing 39.65 Acres, sore or leas, being more particularly described by *etas and bounds in a plat and survey prepared by Richard V. Goods, Certified Land Surveyor, dated July 3, 1964, as follows$ BWX*1IXG at (1) an iron pag at the Southeast corner of the land of Clarks thence with Clark R 32 deg. 43 min. M 291.1 feet to (2) a White Oak tree in saileyls line; thence with Sailey N 36 deegb. So min. Y 536.7 feet to (3) a Red Oak Tree in lailay's line and corner to the land of Frederick 4 Px6 70t9258 county, Virginial tbenoe with said land for the following 9 ooursaa 6 56 deg. 38 min. X 125.0 feet to (4) a ttick,ory treat thatwa 6 26 deg. 50 min. N 294.9 feat to (5) an iron peg by a fence post, thence 6 26 deg. 11 min. X 146.7 toot to (9) a nail in a lance point thence 6 53 dog. 21 min. X 205.4 foot to (7) a blazed locust treos thence 6 76 . 19 min. X st.2 foot to (t) an iron pt thrnas ti 61 dog. 59 win. 2 27.6 foot eatO (9) an i(( on) p"Ian thawsiNtof 4 . y9 d n. s 73.3 test to 3.1 #set to (11) ron angiron peal therem N 63 dog. 543min. E 99.1 fast to (12) a ppeoat a corner to the land of Froderiok county, Virginia, in the west line of the land of Rowlosl thence with Rowles for the following 2 courogn 6 10 deg. 42 min. K 420.0 feet to (13) a blazed treat thence 6 52 dog. 17 min. s 1097.4 feet to (14) an iron peg by a post in a lance corner, • corner to Carper in the south line a! the land of ItowlssI thencr with Carper for the following two courses 9 43 deg. 16 min. w 947.7 feet to (15) a posts thence 41 doi. 10 min. H 531.1 feet to (16) an iron peg in the center of an old apandonsd roodl thence X 30 deq. 09 min. N 404.9 feet to (17) an iron peg in the Last line of U. 6. Highway No. Got thence with U. a. Highway No. 50, with a curve to the left the chord bearing and distance being N 28 dog. 08 min. N 127.1 last to (lt) a concrete highway markers thence with the East line of V. 4. Highway Xc. 30 N 29 deg. 33 min. X 474.0 feat to (19) an iron peg a corner to Ferman W. Fqrry's 8.t6 Acre Tracts thence with said tract for the following 2 courses N 6o dog. 27 min. E 500.0.f"t to (20) thenop N 29 dog. 33 min. M sf4.0 foat to (21) the point of intersection of 'the least line of the 8.t6 ]tore Tract extended with the Routh line of the land of Clark) thence with Clark X 49 dog. 10 min. X 264.2 loot to the point of beginning, coritaining•39.65 Acres, mora• or losa, • , LXaS and EXCEPTINq From tho'above do"ribed p 9.65 Acres, more or less, are, two conveyancom,•o $ by daod dated Octpbor 28, 196s, to ths'County pf rCeder*ck, a conveyance of 5.432 Acres, of recorq in 4s Clerk's otfioe Of the circuit Court of Trederick Gobfty, Virginia,, in !Dead Wok 349, Page 16, and a oonviyonpo to the co"O."wealth of Virginia by deed dated Ocher 14, 1270, of 0.304 Aare, of record in the aforesaid Glork's,office in taood book 370, Page 954, apd boll;V a paftion � the property conveyed to Forman M. perry, at ux, by aiood:'pf Collie Clark Grim, Widow, 1 8 at als, dated March 25,.19E1, of reoord in the aforesaid -2r- BK67OFG259 ' Clerk's Office in Dead Book 293, page 170, to which dead zateranoe is here made for a *^ore particular description. ' ZAMCL Xg0f All of that certain tract or parcel of land containing 8.e6 Acres, more or less, and being wore particularly described by wets■ and bounds in a plat and survey prepared by Richard U. ' Goods, Certified Land surveyor, dated April 22, 1964 as followst BEGINNING at (1) the point of intersaction of the East line of U. d. Highway No. S0 with the South line of a 60 ft. right of way between this tract and a 4.1 acre tract recently conveyed by i Perry to Clarks thence with the South line of the 60 ft. right of way N 49 deg. 10 win. E 504.2 feet to (2) thence with two new division lines through the land of perry 8 29 deq. 33 win. 3 •22.$ feet to (3) thence S 60 dog. 27 win. N 500.0 feet to (4) an iron peg in the East line of U. S. Highway No. 501 thence with the East line of U. S. Highway No. 50 to H 29 deg. 33 min. W 549.3 feet to (S) an iron pogi thence with a curve to the right, the chard bearing and distance being W 27 dog. 46 min. N 174.f feet to the point of beginning, containing $.IS Acres, more or less, and being the property conveyed to the Grantors by dead of assumption of &van date herewith of record in the Clark's Office of the Circuit Court of rrederick County, Virginia, i immediately preceding this dead. The Grantee joins in the execution of this deod for the purpose of assuming the balance due on a Three Hundrod Thousand ($300,000.00) Dollar indebtedness to the commercial and Savings sank, of Winchester, Virginia, on that certain dead of trust dated December 27, 1976, and correction dead of trust dated December 30, 1979, both of which are from rerman N. perry and )Cathryn M. perry, his wife, to rlournoy L. Largant, Jr., at al, Trustees, of record in the Clark' •a Office of the Circuit Court of rrederiok county, Virginia, in Dead book 465, Page 54 and Dead 448, Page 279, respectively, and the Grantee does hereby agree to &soma and pay said indebtedness in . -3- I� IX67OFG260 aoocrdanar vi,th the terns and oc"itiew of the bead evidencing said debt and tha dead of troat secarin4 ssme. Dominion Tank, imooessor to tha Coswarvial and lavings bank, joists in the execution of this dead for the sole and express purpose of oonsentinq to the conveyance and assumption heroin described. MIMex the following signatures and waist Xstats f Formsn M. Perry syt v��QiML) wAthryn K. , scu or x er (S UAL) William K Perr PwY morm=rd, L. P. , a Virginia Limited partnership Ystate of rerman N. Perry, General DO!{SHIOIt iS�HX 3HE%AMDOAN VALLEY, 31ATIOItA 0 400c,AT7 - lICIAL AND EAVIlIOf 1 sT T2 OF VI>wOMA-AT.-L71M City of wimbeeter, to -wits a Rotary Public in and for the Mate at Large, do certify that Xathryn X.Perry, as sxeoutor of the Istate of Peraan V. perry, -4- • , h 1 • W7OPczs 1 • Jef fray Alien Parry, Individually and as General Partner of Parry Properties, L. P., and Michael William Barry, Individually and as General Partner of Parry Properties, L. P., whose names are signed to the foregoing writing, bearing date the 13th day of June 1987, have personally appeared before se and aoMowledged the same. Given under my hand this cat & day of Ztsjrniihow , 1947. Ky commission expires ,n, - kj&o i + ! -qR h 'RgIrn-�i Nota-rnirl Yn' sTAT* or vIRaINIA-AT-Lmwz City of Nincbeater, to -wits I, JLy Y. barthold , a Notary Public in and for the state at Large, do certify that stoven A. savaurur and , who** names are signed as Commercial banking officer and of Dominion Bank, respectively, to the foregoing writing bearing the date 13tb day of June, 1987, have personally appeared before me and acknowledged the same. �, • Given Under By hand this eth day of 'c; �• sv • Danaabar , 1907. y C� �. ca�aissien ires xt I e� -}fgl •fh 41, .1•1• Notary Public I4 a,�,111•::rit,,. t ,UfiL'iVl' of n:�vc•,+! ttl++,:,H tUs�ctuarn►exts! was 1314 a:'.Idttu,l tar�kYt1 , R -a- CURVE TABLE CURVE1 RADIUS I ARC LENGTHI DELTA ANGLEI CHORD BEARING1 CHORD LENGTH I TANGENT C 1 1 300.00 24.31 4'38 36 S 38'00 19 E I 24.31 12.16 LINE TABLE LINE BEARING DISTANCE L 1 S 35'41 01 E 32.36 L2 N 49'55 17 W 103.08 L3 N 35'53 07 W 59.82 � -5� 3 i RESIDUE OF T.M. 64—A-158 PERRY PROPERTIES, L.P. D. B. 670 PG. 257 ZONE. MI C 1 Li 38.78 ACRES BY SUBTRACTION _ jg'37" EE 412.26 1 .I I I PORTION OF T.M. 64 A-158 TO BE REZONED TO B2 N IN 6.1885 ACRES Lai h L9 Cpp O jpti`�'p/O N h I^ � � to p Z O 2 Z a O > z z x2 3 � � z EX. WATER &SANITARY 3 FUTURE ROUTE 50 SEWER ESMT. o RIGHT—OF—WAY INST. No. 020001149 DEDICATION AREA �S I 0.0614 ACRES N 36' 11 '47' W 307.83' L3 L2 -----------------EG9f�AY£dfELIL—_---�� WEST BOUND LANE ROUTE 50 100 0 100 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PERRYPROPERMS ALTH 01y,L j ('TAX PARM 64 A-18) SHAWNEE WGISTERGIL DISTRICT, FREDERICK COUNTY, WRGIN14 v ERNEST S. H Lic. No. 1837 1, �°�2- SURN�' SCALE. 1 " = 100' 1 DATE' MAY 8, 2019 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 1 0297 SHEET 1 OF 3 FAX.• (540) 722-9528 Founded in 1971 www.greetzwayeng.com I RNA 19—n.5 CURVE TABLE CUR RADIUS ARC LENGTHI DELTA ANGLEI CHORD BEARINGBEARINGI CHORD ENG H TANGLENT1 C 1 I 300, 00 24.31 4'38 36 S 38'00 19 E I 24.31 12.16 I INF TARI F N RING DISTANCE L 1 S 35'41 O1 E 3236 L2 N 4955 17 W 103.08 L3 N 3553 07 W 59.82 RESIDUE OF TM. 64A-158 S 40' 19'37' E 412.2_' PERRY PROPERIIES; L.P.D.B. 670 PG. 257 ZONE: All 36.78 ACRES SY SUBTR40TION PORTION OF T.M. 64 A-158 N TO BE REZONED TO B2 6.1885 ACRES hl W WINCHESTER BUILDING SUPPLY ro r L hi FUTURE ROUTE 50 -- (RIGHT—OF—WAY DEDICATION AREA 0.0614 ACRES F DENOTES CENTERLINE 307. 111 ►t�.11 �I 200 0 200 GRAPHIC SCALE (IN FEET) REZONING PLAT ON THE LAND OF PFAR YPROPER 77ES (rAX PARCa 64 A-158) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, V/RGIN14 SCALE. 1 " = 200' 1 DATE. MAY 8, 2019 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Yrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 4p,LT cH 0- VESTp S. HO TH Lic. No. 1837 s/�en 'Y 11 suavZ_JIV NJ t END D.B./PG. = DEED BOOK/PAGE ESMT = EASEMENT EX. = EXIS77NG INST. No.11 = INSTRUMENT NUMBER T.M. = TAX MAP PARCEL 1) TITLE TO TAX PARCEL 64—A-158 IS VESTED IN PERRY PROPERTIES, L.P. BY DEED DATED DUNE 13, 19787 RECORDED IN DEED BOOK 670 PAGE 25Z THE LIMITS OF THE PARCEL HAVE HAVE CHANGED THROUGH BOUNDARY LINE ADJUSTMENTS RECORDED IN DEED BOOK 752 PAGE 1452 AND BY INSTRUMENT No. 020001149. 2) THE PROPERTY BOUNDARY LINE INFORMA77ON SHOWN HEREON IS TAKEN FROM PLATS RECORDED BY INSTRUMENT Nos. 07000850J AND 160005741. THIS INFORMA77ON DOES NOT REPRESENT A BOUNDARY SURVEY PERFORMED BY THIS FIRM. 3) THE REZONING PARCEL SHOWN HEREON LIES ENTIRELY WITHIN ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 0.2X ANNUAL CHANCE FLOOD PLAIN PER N.F.LP. FLOOD INSURANCE RA7E MAP No. 51069CO2400, DATED SEPTEMBER 2, 2009. 4) NO 17TLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MIGHT EXIST. 5) THE CENTERLINE LOCA77ONS OF WEST BOUND ROUTE 50, CONS77TURON DRIVE AND THE EN7RANCE TO WINCHESTER BUILDING SUPPLY ARE BASED ON A FIELD RUN SURVEY. 6) THE RESIDUE AREA OF TAX PARCEL 64—A-148 CALCULATED BY SUBTRACTION USING THE ORIGINAL AREA (44.97 ACRES) LISTED IN THE FREDERICK COUNTY REAL ESTATE RECORDS REZONING PLAT ON THE LAND OF PERRYPROP ER77ES (W PARQEL 64 A- 58) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE. 1 DATE: MAY 8, 2019 /tN GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1147 Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.gree►iwayeng.coni TH ERNEST S. HOYERTH- Lic. No. 1837 1 0297 SHEET 3 OF 3 1 FROM: PAM-PLANNING DEPT. Please Print k I sets of labels by N o �� , 7 � � 1 (� Thank You! Name and Properh Identification Number -- ..... `dame klzV V f (} V4 , 1 C �� S�e� VA Property # (C� l+ Name "&v V/ A I ( ) , /� `y , 11 � LkSi � i V /A Property # (A -A - 1 �� � 1 Name r (Z�Q-c i I l+ i �1 rrr'_j ��i L n 4. �i �ZC. 1 `QSl'� / 1 �,� �A t�) ( Property # � Cj - A - "(j Name -Per Propem r f Al (r; 'game 1 /� V A Property # Name PV r� n . �` l Q �� `(D� 1 (t Property # 1 ( -� y v s Name �O b l.U,\�i��` Ci Property # Name Z—L G 1/I i1 S M 1 i y U a,( }1 • �(`\c SA-C V , A j 6 Propem # L{ - A 1 �� , , , l Name C+ - � l �tl�L`�.r l(�� LT� ► ` i t �+ �i Property# Name Property # Name Property # Name Property # Name Property # Name Property it 17 10/21/2019 Frederick dome wept/Ticket# RE2019 / 309210001 Name PERRY PROPERTIES Name 2 Address 1945 MILLWOOD PIKE WINCHESTER VA Zip 22602 4561 Penalty Paid Original Bill $8,468.33 $846.83 Payments ($8,468.33) Untitled Page Pay/Lookup Taxes Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 64 A 158 Bill Date 04/18/2019 Due Date 06/05/2019 Dese 44.97 ACRES Interest Paid $77.62 Current Payment Status Principal Balance Due Penalty $0.00 Transaction History Date Type Transaction# 6/6/2019 Charge 0 6/7/2019 Principal Paid 15954 6/7/2019 Interest Paid 15954 6/7/2019 Penalty Paid 15954 6/7/2019 Principal Paid 15957 6/7/2019 Interest Paid 15957 $0.00 Supplement# 0 Account# 8020787 Acreage Improvements Land Value Land Use Minerals Last Transaction Date 06/10/2019 Interest Amount $8,468.33 ($7,634.87) $69.98 $763.48 ($833.46) $7.64 44.970 $ 935,100.00 $1, 841,400.00 $0.00 $0.00 Balance Due $0.00 $0.00 Balance $8,468.33 $833.46 $833.46 $833.46 . $0.00 $0.00 https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetaii.aspx 1/2 OOM149 THIS DEED (BOUNDARY LINE ADJUSTMENT), made this 27th day of December, 2001, between Perry Properties, L.P., a Virginia limited partnership, of the one part, hereinafter called the Grantor; and Kathryn M. Werner (formerly Kathryn M. Perry), of the other part, hereinafter called the Grantee. 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 that certain strip of land, containing 1.1882 Acres, more or less, lying in Shawnee Magisterial District of Frederick County, Virginia, more particularly described by plat prepared by H. Bruce Edens, Land Surveyor, dated December 20, 2001, attached hereto and by this reference made a part hereof; and being a portion of the property conveyed to the Grantor herein by deed dated December 30, 1976 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 468, at Page 201. This conveyance is made subject to all legally enforceable -estrictive covenants and easements of record affecting the Aforesaid realty. The property conveyed hereby shall merge with and become a )art of the adjacent property of the Grantee (which contains 57.8740 Acres), all as more particularly described by the tttached plat, which will result in a new tract of land .ontaining 59.0622 Acres. The adjacent property was originally acquired by Ferman W. Perry and the Grantor herein as joint HARRISON & JOHNSTOt ATTOfiNEYS AT LAW WIHCHE7TER.VAC49VL yr •.. "5•r f HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA tenants with the right of survivorship by deed dated January 8,.�j 1986 and recorded in the aforesaid Clerk's Office in Deed Book 609, at Page 164. Upon the death of Ferman W. Perry, the Grantor herein, as the sole surviving tenant, became the sole owner of said adjacent property. WITNESS the following signatures and seals: PERRY PROPERTIES, L.P. a Virginia limited partnership B� (SEAL) William Michael erry e eral Partner By: THE FERMAN W. PERRY RESIDUAL TRUST - General Partner Kathryn M. Werner, Trustee X)�� xjr2 . (AXA*..� ( SEAL ) Kathryn M. Werner STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF �C C� To -wit: The foregoing instrument was acknowledged before me this 27th day of December, 2001, by William Michael Perry as General Partner of Perry Properties, L.P., a Virginia limited partnership, on behalf of said partnership. My commission expires///D� c x (SEAL) Notary Public STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF j./i.Crkttl , To -wit: The foregoing instrument was acknowledged before me this - 2 - 0 0 27th day of December, 2001, by Kathryn M. Werner (formerly Kathryn M. Perry), individually and as Trustee of The Ferman W. Perry Residual Trust as General Partner of Perry Properties, L.P., a Virginia limited partnership, on behalf of said partnership. +� My commission expires ib do `f J4 tary Public V; HARRISON & JOHNSTON ATTORNEYS AT UAW WINCHESTER,VwtalWA - 3 - U.S. RTE. 50 � ��'ap��`'E� c�.� JIC' VICIN� INDUSTRIAL WERE` BUSINESS 1 "=2000' PARK s CENTER APPROVED BY: Au SUBDIVISION ADMINISTRATO DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT OF THE LAND OF FERMAN W. & KATHRYN M. PERRY AND PERRY PROPERTIES AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. PERRY PROPERTIES KATHRYN IA. PERRY WERNER �CATHRYN �. PERRY 4�ERNk&s Trustee o Ferman Pcrry es� -Trust; !. STATE OF STATE OF (J� CRT'/COUNTY OF CRT'/COUNTY OF JA Z2� THE FOREGOING INSTRUMENT WAS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS c2I5+ DAY ACKNOWLEDGED BEFORE ME THIS DAY OFaP,Z1-4f�1^- , 2001 BY KATHRYN M. OF 2001 BY KATHRYN M. "Trustee PERf '; WERNER. of Vermn pER�y WERNER/��1 B,�HALF OF PERRY 5T. ferry Re619ua1 ......, .., MYrCOWSSION EXPIRES rust PROPERTIES. MY COMMISSION. EXPIRES r,��T ;• �� , ` NOTARY PUBLIC av' NOTARY PU """SURVEYOR'S CERTIFICATE \ PIN 65-A-103A BAVIDCARD C. ROBINSON & CAROL \ L ANN ROBINSONROBINSONINSON \ DB. 434 PG. 824 PIN 65-A-102 i DONALD W. MOULDEN & \ � MELVINA M. MOULDEN IRF 08. 531 PG. 45 4b(91 i I I 1.1882 ACRES ADJUSTED IRF I FROIA PIN 64-A--158 PERRY PROPERTIES J i I aQ I> ins n J a) n_� z� i PIN 65--A-116 4 - a FERMAN W. PERRY do W KKMRYN M. PERRY 1� a'J I DB. 609 PG. 164 1=° z ai to °•�° to I 57.8740 AC (ORIGINAL) a 4 0 :r 59.0622 AC (ADJUSTED) I � II I� I J" I FOR EASEMENT DETAIL _ I SEE SHEET 3 OF 3 LiK 4 1RS J CMF L2 EX. BUNG I CMF UMILLWOOD�0 PIKE +V~7-4?�, IRF (VAR. WIDTH R/W) CMF NOTES: 1. NO 1TTLE REPORT FURNISHED. 2. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE "C", AN AREA OF MINIMAL. FLOODING PER F.I.R.M. COIdMUNfTY PANEL NO. 510063 0120 B, DATED, JULY 16, 1978. 3. SEE SHEET 3 OF 3 FOR LINE TABLE. BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF I Z005 OF FER� W. & KATHRYN M. PERRYtH.BRUCE! AND PERRY PROPERTIES EDExS SHAWNEE MAGISTERIAL DISTRICT 62-B FREDERICK COUNTY, VIRGINIAtDATE: 12/20/01 SCAIE: 1 "�300' SHEET 2 OF 3R4�'��4 MARSH 111101 LAND SURVEYORS, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER. VIRGINIA 22601 DRAWN BY: JGB PHONE (540) 667-0466 w FAX (540) 667-0469 E"L officadmorshondlegge.com DWG NAIME: W3615 a 0 CA �I 'I PIN 64-A-158 PERRY PROPERTIES DB. 468 PG. 201 I a � � I I I �161r61` �I -8'� S4141'1VE r-:....::.. N35.37128'W IRS L4 U.S. ROUTE 60 MILLWOOD PIKE (VAR: WIDTH R/W) PIN 65-A-116 FERMAN W. PERRY tk KATHRYN M. PERRY DB. 609 PG. 164 T ar07'37'E f "" .42'3YE 84.31' r— err:.......:{:, �r.rr...:.. r...: r..:._...:...ti. .. ....... ........ ((yy _ — r.'('i^i.5'i•iiii•:i{•i:i:::•:•::�:iti:•iit` a' vi '��.j?j�;� �::i:?}:.:tic}F:i�::�:ii:•Z i�ii: ..._- N IRS v i L3 SAWfTARY SEWER AND WATER EASEMENT HEREBY GRANTED EASEMENT DETAIL 1 "=50' LINE TABLE LINE BEARING DISTANCE L1 N2B'13'Q1'V 2&ry L2 N2z'1o'C9'Y 2P3 f L3 N36'0717'V 459AL" L4 N35'37'2B'V 70.00' AREA TABULATION (PIN 66-A-116) ORIGINAL = 57.8740 ACRES F OR f'A PIN 61-A-158 - 1,1882 ACRE5 REkWNING AREA = 59.0622 ACRES AREA TABULATION (PIN Qi-A--1W ORIGINAL - 44.16 ACRES TO PIN 65-6-116 =--1,1882 ACRES TOTAL AREA - 44.9718 ACRES BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF C'4V,DS FERMAN W. & KATHRYN M. PERRY AND PERRY PROPERTIES SHAWNEE MAGISTERIAL •01STRICf; MDERICK COUNTY, VIRG*M'' DATE: 12/20/01'~-- SCAE; 1"-50' SHEET 3 OF 3 MARSH & UM LAND SUR N Pu'twCw 580 NORTH LOUDOU VfR0IN1A:FRED6R"C0lWN-SCT. ^• DRAWN BY' JGB PHONE (540) This instrument of writing wasproducedtome on EMAIL I-a'I -O'a' at '/'•3 aNAME: W3515 and with cortiffcato of acknowledgement thereto anndxVJ was admitted to record. Tax imposed by Sea 58.1.802 of S el 0 • a0 and 58.1.801 have keen raid, If assessable 4"a, A'�. Clerk eBN'752rc1452 1, Douglas C. Legge, on this 1st day of November 1990, do hereby certify that the plat and description attached hereto is a true copy of a survey made by me on the 16th day of October 1990, of a portion of the land conveyed to Perry Properties and Ferman W. Perry & Kathryn M. Perry by Deeds dated 30 December 1976 and 8 January 1986 and recorded in Deed Book 468 at Page 201 and Deed Book 609 at Page 164. The said land lies in Shawnee District. Certified Land Surveyor STATE OF VIRGINIA COUNTY OF ►'REABR 1 r—k To it: I, fY1; r1,Aa 1 A • N.avnr,n R ,AN1otaryPublicin and for the State of Virginia do hereby certify that this day personally appeared before me Ike i I rQ s C• LEQ Q 6 whose name is signed to the foregoing instntment dated 1 L day of lit wmhae 19gQaud acknowledged the same before mein my State and aforesaid. Given under my hand this f day of NnacrnbER .1990 . n."&— j7 idol A }� �\ Winchtslcr MuniCrOei ~BSI ` —;t� •/S :-ArrporlE.�' ' I12 . j n d li ' iVICINrrY MAP. APPROVED BY FRED. CO. HEALTH DEPARTMENT DAB /0-2G-10 SUBDIVISION ADMINtSTRATOR DAB/e-ZG -9a OWNER'S ERTIFICATE The above and foregoing Boundary Line Adjustment between the land of Perry Properties and Ferman W. & Kathryn M. Perry, as appears in the accompanying plat, Is with the consent and In accordance with the desires of the ndersigned owners, rielors, and trustees, if any. , SURVEYOR'S CERTIFICATE I hereby certify that the land contained In this Boundary Lino Adjustment is a portion of the land conveyed to Perry Properties by deed dated 30 December 1976 and a portion of the land conveyed to Ferman W. & Kathryn M. Perry by deed dated 8 January 1986, said deeds recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Book 468 at page 201 and Deed Book 609 at page 164, respectivoly. 10�06V6 Douglas C. Legge, G.L.S. g DOUGLAS C, LEGGE 1 3 CERTIFICATE W. t; BOUNDARY LINE ADJUSTMENT Al BMkIEEN THE LAND OF ��Eo LAND $!P� PERRY PROPERTIES AND KATHRYN M. PERRY SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA OCTOBER I S,1990 gubert w.cufford " -assoclates,Inc. in�ln♦tr� . Laod ileanrn S»ne7� lN<oW ta,r.nm trm �w M.N wr..er. h♦,s s•,.t.wwrt. rvpu.11ea, veil Nhtllf rwrrr. Yuyu llwl(1031 M1-01)1 SHEET 1 BK752FIG 1454 1 NoTM.EREPORTFURNISI� GRAPHIC SQN.E IN FEET 2 PROPERTY IS SUBJECT TO EASEL IENTS t pp Zoo OF RECORD. 3. THIS PLAT WAS MADE FROM INFORMATION SHOVVM ON E)OSTM PLEM RECAF 3S AND NOT FIELD VERIFIED. BOUNDARY LINE ADJUSTMENT �yrALTHOp6 VIRGINIA: F BETWEEN THE LAND OF DEP,ICK COUNTY, SCT• PERRY PROPERTIES '� ��DOUGLAS C. LEGGE This instrum on the t �of writing was Produced AND 11 doY of 2-11- cv KATHRYN M- PERRY 3 UMFICATE NO. 119Zn to me f a- aand with certificate SHAWNEE MAGISTERIAL DISTRICT iadmitted of acknowl ment thereto annexed was FREDERICK COUNTY, VIRGINIA to r OCTOBER t6, 199oWVC QUbert w. cUffo a��ocietea, inc. CLERK. F�aWm-4/aG Vtann{r{ SUNSYMI '°°'"""""• SHEET 2 Il\GRI. G..wkf lYF{ 1 IT°]I all III) •WL,W. V4WYIl{°I l�Vll {17111P }14, 1 #430 KATHRYN M. PERRY, EXECUTOR, ET ALS TO: DEED OF ASSUMPTION PERRY PROPERTIES, L. P. BK67orcz57 THIS DnD or ASIUMnION dated June 13, 19*7 by and between tathrvn N. Perry. ftmgutar of 9state or Form W. Perry. Deceased, jeffray Allen Parry and William Kichnal may, hereinafter referred to as Grantors, and P2rrY ftooarties. L. P., a Virginia Lisited Partnership, hereinafter referred to as Grants&, and Daeirion Bang WITNE BMS In consideration of all of the interests in and to the profits, surplus and capital of the Grantee, and for other good and valuable consideration, receipt of which is hereby acknowledged, and in further consideration of the assusption by the Grants* of a certain lien indebtedness as will be hereinafter more fully not forth, the Grantors do hereby grant and convoy, with general warranty and Xnglish covenants of title, to the Grantae, in fee sisple and as specific partnersbip property, all of the following two tracts or parcels of real estate, together with the isprovesents thereon and all rights, rights of way and appurtenances thoraunto belonging, lying and being situate on the Bast side of U. S. Highway No. 50, about three riles southeast of the City of Winchester, in Shawnee MalListarial District, Frederick county, Virginia, more particularly described as follows: MSZT, ONE: All of that certain tract or parcel of land originally containing 39.65 Acres, sore or Isom, being more particularly described by **to* and bounds in a plat and survey prepared by Richard U. Geode, Certified Land Surveyor, dated July 2, 1964, as followst BWXXXIXG at (1) an iron peg at the Southeast corner of the land of Clark) thence with Clark X 52 deg. 42 sin. W 291.1 feet to (2) a Whits Oak tree in Bailey's linat thence with Dailey It 35 daadg. 50 min. x $36.7 feet to (3) a Red oak Trio in sailsyts line and cornar to the land of Frederick 0 y 1K6 FOPC258 County, Virginia) tbome with raid land for the following 9 course* s 56 dog. 38 xi". 2 125.0 rest to (4) a Hickory troar thence i 16 deg. so win. w 294.9 feet to (5) an iron peg by a fence post, thence 1126 day. 11 lain. 2 148.7 fast to (6) a nail in a forum point thence • 53 deg. 21 win. x 203.4 foot to (7) a blazed locust troar thence 6 75 . 19 spin. 2 51.2 feet to (•) an iron page thence A •1 deg. b9 win. R 27.6 foot to (9) an iron p"I thence X H 4". 57 gain. 2 72.3 test to 10) an iron yogithence X 72 dog. bi lain. 2-33.1 feat to (11) an ron pmgr thence X $3 dog. 34 sin. E 99.1 Cost to (12) a gpooat a corner to the land of Frederick County, virginia, in the Most line of the land of Rowlosr thence with Rowles for the following 2 coura♦s E IS dog. 42 win. w 420.8 feet to (13) a blazed trams thence 2 32 deg. 17 min. 2 1097.4 fast to (14) an iron peg by a post in a fenoe corner, a corner to Carper in the south line of the land of RovlasI th "ki with Carper for the following two courses 9 43 dog. 16 min. w 947.7 feet to (15) a postr thence 43 dog. 10 min. w 531.1 foot to (16) an iron peg in the center of an old apandaned roads thence X 30 dog. 09 min. w 404.9 feet to (17) an iron peg in the East line of U. a. Highway No. 501 thence with V. S. Highway No. 50, with a curve to the left the chord bearing and distance hoirig N 29 deg. 06 mitt. N 127.1 feet to (li) a concrete highway markers tbanco with the East line of U. 4. Highway If*. 30 N 29 deg. 33 min. w 479.0 feet to (19) an iron peg a corner to Farman W. P*rry's 1.86 Acre Tracks thence with said tract for the following 2 courses N 60 dog. 27 sin. E 500.0-foat to (20) thanoR N 29 dog. 33 min. w IS4.0 feat to (21 the point of Intersection of the kart line of the 4.86 Acre Tract extended with the South line of the land of Clarks thence with Clark N 49 dog. '10 min. X 264.2 feet to the point of beginning, containing -39.65 Acres, more, or ieso, •. LXaX and EXCEPTIKq from the above deocribed,39.65 Rams, more or loss, aro,two convoyancom,_one by dead dated Octpbor 28, 196s, to the -County of rrodsr.icic, a oonvsyancs of 5.438 Acres, of recor4 in 4a Clerk's O9fice of the Circuit Court of Frederick ¢oanty, Virginia,, in Dead bask 349, Page 16, and A oanvkyanao to the Cors"alth of Virginia by dead dated oob**r 14, 1970. of 0.384 Acre, of record in the aforesaid Glerk's,Office in Dead Hook 370, Page 654, apd boli4 a potion vg the property convaytd to rersan W. Perry, at ux, by'i400d''pf Dollis Clark Grim, widow, at ale, dated Xarch 25,.1lft, of r000zd in the aforesaid -2r- 0 0 BKS10PGZ59 Clark'a office in Dead nook 292, Page 170, to which dead x%ferenoe is hers wads for a more particular description. pA&Qjk_Mt All of that certain tract or parcel of land containing e.i6 Acres, more or less, and being *ors particularly described by sates and bounds in a plat and survey prepared by Richard U. Goods, certified Land Surveyor, dated April 22, 1964 as followsn iBEGUNING at (1) the point of intersection of the East line of U. S. Highway No. 50 with the South line of a 60 !t. right of way between this tract and a 4.1 acre tract recently conveyed by Perry to Clarks thence with the south line of the to ft. right of way N 49 deg. 10 sin. E 504.2 feet to (2) thence with two new division lines through the land of perry s 29 deq. 33 min. E $22.• toot to (3) thence a 60 deg. 27 min. W 500.0 feet to (4) an iron peg in the East line of U. S. Highway No. Sot thence with the East line of U. s. Highway No. 50 to N 29 deg. 33 min. W 549.3 feet to (5) an iron pogt thence with a curve to the right, the chard bearing and distance being N 27 deg. 46 sin. N 174.9 lest to the point of beginning, containinq 8.16 Acres, more or less, and being the property conveyed to the Grantors by dead of assumption of even date herewith of record in the Clark's Office of the circuit Court of rroderick County, Virginia, immediataly preceding this dead. The Grantee joins in the execution of this deed for the purpose of assuming the balance due an a Three Hundred Thousand ($300,000.00) Dollar indebtedness to the Commercial and Savings Dank, of Winchester, Virginia, on that certain dead of trust dated December 27, 1976, and correction dead of trust dated December 30, 1979, both of which are from rerman W. Perry and Xathryn X. perry, his wife, to Flournoy L. Largant, Jr., at al, Trusts", of record in the Clark"s Office of the Circuit Court of Frederick County, Virginia, in Deed fook 498, Page 54 and Dssd 468, Page 279, respectively, and the Grants does hereby agree to asawre and pay said indebtedness in . -3- IX6T0FG260 a000rdanao with the terms and oowditiaw of tbo bead evidencing said debt and the dead of tr at saowrinq same. Dominion sank, saooessor to the Commercial and Savings Hank, joins in the execution of this dead for the ■ole and express purpose of oonsenting to the conveyance and assumption herein described. WITUBS the following signatures and saalsn Estate f r4rmen W. Perry WAthryn W. YOM, ecu or r - ($SAL) x .r rti \ (AlAL) am K Pe PYRRY PROYPR'MP.d, L. P., a Virginia Limited partnership Ystate of rormsn W. Perry, General Part or by I William Michael Pere ral Partner DOKIHION 4WX EHZXUE>OAH VALLCY, NATIo ASOOCIATI,q�1 ACIAL AND SAVINGS bytf Tou C(rhwt,ti� �ti,i:,.q �Tt,t MTf o! VVAIM-a-Likyalp City of Ki:+b"ter, to -wits I, 2gberra I. jijW(s6, a Notary Pablio in and for the state at Large, do certify that Xathryn X. Perry, so sxocutor of the latate of Porman W. porry, -4- 0 Tf, tj OX670PG26I Jeffrey Allen Parry, individually and as Ganerai Partner of Perry Properties, L. P., and Michael Willias Perry. Individually and as General Partner of Perry Properties, L. P., whose nases are signed to the foregoing writing, bearing date the 13th day of June 1987, have parsonally appeared before as and aoknowledged the sass. Given under Bty hand this aILi day of �jr{rn» ow , 1947. Ky ocoxission expires ,Ot ki,&ji3 p,IIj�iil�� py� c o� Public tr i`�,, sTATX Or VITAIMiA-AT-LAPAR City of Winchester, to -wits I, Judy P. Berthold , a Notary lnblic in . and for the state at Large, do certify that Steven D. save+uwr and , whose naaes are signed as Commercial Banking officer and of Dosinion Bank, respectively, to the foregoing writing bearing the data 13th day of June, 1987, have personally appeared before se and acknowledged the sow. Given Under ay hand this Bthday of December , 1937. ;' oONaission expires 4VIX ;9, 1191 low �...' .. "Not ry t f t".l ''t tTSwS..d r J o ' IIIt- ;.'0?r:l!'If�rd nE;h +14iC«+tt JI tt;nY(a+' tilfr+ll_1K ihlMClu stNk7itti Kay a;.-Atod to titxYU f 1iiir'4 t ifJ t:l%RK •a- 1 i 11 3 I • • 1G�h f 1945 MiLLWOOD PIKL _ WINCHESTER. VIRGINIA 22607 019907 WELLS F�°° " 10/22/19 19907 $10,618.00 ""Ten thousand six hundred eighteen and xx / 100 Dollars*'' TREASURER, FREDERICK COUNTY P 0 BOX 220 WINCHESTER VA 22604-0225 E RYE N�OMPANY, INC. 1120 L 9 9 0 7 0 1:05 L4005491: 2055303 L63391:,0 151 Windy Hill Li'ici�'� FNo%1971 Winchester, VA,2126�02 jl i I OCI L 2019 GREENWAY �`_.v� ENGINL:I:RING TRAN SMI�'__TA..L--- '. Project Name: Perry Properties Commercial Rezoning Application File No: 0297 Date: Wed, Oct 23, 2019 To: FC Planning FI'om: Evan Wyatt Atmi: Candice Perkins GREENWAY ENGINEERING Copied Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex L1 U.S. Mail 0 Courier ❑ Pick Up FJ Other ❑ Urgent ❑� For Your Review ❑ As You Requested 0 Please Comment Message Hi Candice, Please find attached the required information for formal filing of the Perry Properties Commercial Rezoning Application. Please review this information and advise me if you need anything else regarding this matter. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: • Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): REZ # 04 - 19: Perry Properties, LLC PIN: 64 - A - 158 Rezoning from M1 to B2 Zoning Map r iCLT Subdivis ,4111MWESTVIEW BUSINESS CENTRE Subdivision 17% ' QEP QENGE QR 3p - •�iEn �a � O pPliCatron 1 Parcels Future Rt 37 Bypass B2 (General Business District) M1 (Light Industrial District) n ::n 44n 0 s0 N��,�/} F S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 880 Feet Mao Created: October 29, 2019 I NAWESTVIEW BUSINESS CEN REZ # 04 - 19: Perry Properties, LLC PIN: 64 - A - 158 Rezoning from M1 to B2 Location Map } . > �;Tft: rr ♦ram t � � `:., •, f .!, of i %3 REZ ` \ , E ` G0 Y r � � f •.. � '� _ _ w�rxixr aura tto N FOR. - DEC NpEN � � • . _ aa� 9y ter" �„pd� 10 50 Application N Parcels Future Rt 37 Bypass �� w t' ! S r E Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 n :. n 440 880 Feet Map Created: October 29. 2019 REZ # 04 - 19: Perry Properties, LLC PIN: 64 - A - 158 Rezoning from M1 to B2 Long Range Land Use Map 62k HILLS!. Subdivision ME 8 Application Parcels �j�•�e• Future Rt 37 Bypass Long Range Land Use 0 Residential Neighborhood Village Y' Urban Center • Mobile Home Community Q Business O Highway Commercial Mixed -Use ® Mixed Use Commercial/Office ® Mixed Use Industrial/Office ® Industrial ® Warehouse Heavy Industrial - Extractive Mining Commercial Rec time) Rural Community Center Fire 8 Rescue • Sensitive Natural Areas ® Institutional • Planned Unit Development Park �7 Recreation School Employment Airport Support Area O B2/B3 OResidential, 4 u/a QHigh -Density Residential. 6 u/a OHigh -Density Residential, 12-16 u/a ORural Area Interstate Butler Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources c�/ 5S,CENTRE iivision "+ O ►YENGEOR' •• EN...�� l9.ait711471i.^li/ � �,... � y i V\�� 1 i 50 iz W ;WE S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,200 Feet Mao Created: October 29, 2019 I N \50 \ PG r Yfi � f Leaend Perry Properties Commercial Zoning Area Parcel Boundary Frederick County Zoning B2 (Business. General Distnst) M1 (Industrial, Light District) - MH1 (Mobile Home Community District) R4 (Residential. Planned Community District) RA (Rural Area District) Feet 400 0 400 —r, — Somme ire — C-1, . GIs oeru-- 20, 9 :)aka (D a z w2 lyNZ 0 ww Q- Q 0Q 0 av � Er2 z Uj 2 0-0 U N U Q i o cr a � Lu ).o r j O N 0 U U ut Z w g o g , a Cr 8 5 = u, Q o m C `Y so `t C 17 C - W � u a �. SUL-PHUR-SPRING•RD UJ 4 ®� W \ �W / qP da. 3� Q Z Q to ;' F- O 3 L • T N 0 O-, OO \ LLJ �a < } cr w Tw C� sti Q� 2 S d, tee/* a 0 w � U Q 0 Legend i ,.� .JQO s' �p Jpa O Perry Properties Q-• C Commercial Zoning Area m `^' Parcel Boundary w U Q Z �__ _� Sewer & Water Service Area (SWSA) O Q 2 52 Water Main W Z < p �_SL O (a > Sewer Gravity Main tC W K m Sewer Force Main p � j o Q WCO0 r Sewer Pump Station a U W 0 U w 4 .rp K W < yY O m 'IVI % � w a: W cc LL /�• Feet a c°� Uj i 3 'U" 3=u-65 0 600 600 co Rq R 4 O,QT 1 Iwo o.a s«.� r,.s.,ec�M w cis o.a.n,..�r zo, a ww. wr.r a s.+« ow c:o�,nw a •.o.o ......,,,. .0 pal Uso 17I V 700 _jps- Leaend Perry Properties y Commercial Zoning Area y Parcel Boundary Lake or Pond Welland (NWI) 100 Year Floodplain Stream 5 Foot Intermediate Contour 25 Foot Index Contour Feet 400 0 400 �i "' _,,, s--- �--, C"', ,. Gas o.--, '" 3,, d�e�G ( Q7S d� s�C, iN OP ygt� � N 3 = a" ct1-3 — ' Z J L AJ Oro C7 a rl a 0 U) H WZ IX LLJ ° d W LL 0 a � av y� z LU g z �\ o > S" r w ~ w U a z � Z � W Z Q >> ^ W w } 0 a j O O Y K he O -o w 2 o (L wcr w S d O Z o 0 v �: w a 0: $ u LL N w a 0 17 so 34-1122 Carper -Wynn Houso ess 8se SULPHUR-SPRING�RD tp p u1131 Wilt -Dunn -Arnold Houae i ® Z C 00 C o T �m W = a m w Z N y QZ to ° IIAJ \ W-U f^u O a Q CO wz FO w Lw a� � O� ~ �g w y1F Leaend > U o Properties y OfgPerry Q a Commercial Zoning Area a 2 � Parcel Boundary Q Crvd War Camp Q Civil War Fort 9.p� %� Oil f,•..! SH F 4F O F R • Landmark P � Civil War Batflef ids o o Cedar Creek+� o_ Q z _ First 0;1�„ w First Winchester ,\G�o 1NDEPENDENC� LLI � O w j > PN 17; w w D o - Second Kemsto— O �- -, a l— w Z o — Second Windteste, sF OG 50; O a V Q - w Z) P ; �� w (D L) Stephensons Depv O 'L K O Qf 2 O w U O a e a Thud Winchester a Q Z w C) = O O Q m Y o Feet 600 0 600 \ o .. -- x r. . •-a C .*. 1M. " Daprawtl "IS Dab PERRY PROPERTIES COMMERCIAL REZONING IMPACT ANALYSIS STATEMENT Tax Parcel 64-A-158 (Portion) Shawnee Magisterial District Frederick County, Virginia October 17, 2019 Current Owner: Perry Properties Contact Person: Evan Wyatt, Director of band Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greemvny 1?11gineeiing June 19, 2019 Perry 111-opeltics Rezoning Revised Octoher 17, 2019 PERRY PROPERTIES COMMERCIAL DEVELOPMENT INTRODUCTION This report has been prepared for the purpose Of assessing the impact on Fredrick County by the proffered rezoning of a 6.18±-acre portion of a 44.97± acre subject property owned by Perry Properties, and identified as Tax Map Parcel 64-A-158. Tile subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. The 44.97± acre subject property is currently zoned M-1, Light Industrial District and the Owner proposes to rezone the 6.18±-acre portion Of* the subject property to B-2 Business General District with proffers to allow i7or the property to be marketed for commercial development at this intersection along the Millwood Pike corridor. Basic information Location: Fronting on the north side of Millwood Pike (U.S. Route 50 East) and the west side of Constitution Drive. Magisterial District: Shawnee District Property ID Numbers: 64-A-158 Current Zoning: M-1, Light Industrial District Current Use: Office and Heavy Construction EgUipment/Concrete Yard Proposed Zoning: B-2, Business General District (6.18±-acre portion of subject property) Proposed Use: Commercial Development Total Rezoning Area: 6.18±-acre with proffers for portion of the subject property COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. File #0297 Impact Analysis StatemenULAW 2 Grccmuay 1?11gineering hint 19. 2019 ferry Properties Rezoning Revised October 17. 2019 The 44.97± acre subject property is currently located Outside 01' the UDA; however, expansion of the UDA boundary to aCCO1111110datC the proposed dCVClopn1C11t Of CO111111CI-Clal land use on the 6.18±-acre portion Of subject properly is not required for this rezoning application. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside Of the UDA to accommodate areas Of the County in which commercial and industrial land use development is only desired. The 44.97± acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development Of commercial land use Oil the 6. 18±-acre portion Of subject property Is not regUll-CCI for this I-Cz,011111g application. Comprehensive Plan Conforlllily The Perry Properties 44.97± acre subject property is a component of the Senseny/Eastern Frederick Land Use Plan (SEFLUP) which is a large area plan within the County's Comprehensive Policy Plan. The subject property is located within the central area of the land use plan and is identified as industrial land use based on its current zoning and development condition. Adjoining properties to the north, south, east and west of the subject property are identified for future commercial land use and for park land. The SEFLUP Transportation Map identifies the location of a new major collector road (Constitution Drive) at the intersection of Millwood Pike (U.S. Route 50 East) and Independence Drive (Routel092) which proceeds north along the eastern boundary Of the subject property. The new major Collector road has been Constructed along the eastern boundary of the subject property to serve the FBI Records Center Facility. The 6.18±-acre portion of the subject property is consistent with adjoining property land use designations and would be accessible from Millwood Pike and Constitution Drive; therefore, the proposed commercial rezoning of this portion Of the subject property would be in conformity with the Comprehensive Policy Plan. SUITABILITY OF THE SITE Access The 6.18±-acre portion of the subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. Millwood Pike is a four -lane divided major arterial roadway and Constitution Drive is a four -lane divided major collector road that transitions to an undivided roadway approximately 600 feet to the north Of the intersection with Millwood Pike. Access to 6.18±-acre portion of the subject property is planned to be provided with a shared right-in/right-out commercial entrance on Millwood Pike and a full commercial entrance located on Constitution Drive to the north of the divided section of the major collector road. The Owner's Proffer Statement provides for the construction Of the File #0297 Impact Analysis Statement/13AW 3 Greenway Engineering June 19, 2019 Peary Properties Rezoning Revised October 17, 2019 shared right-In/right-OLIt commercial entrance on Millwood Pike, the iLill commercial entrance located on Constitution Drive and the private internal road network to provide ingress and egress to the 6.18±-acre portion Of' the subject property in conjunction with the initial Site Plan within the B-2 District. Flood Plains The 6.18±-acre portion of the subject property does not contain areas of ifloodplain as demonstrated on FEMA NFIP Map #51069CO219D and #51069CO240D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database. Wetlands The 6.18±-acre portion Oi the sub 'icct property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map and information horn the Frederick County GIS Database. Soil Types The 6.18±-acre portion Of the subject property contains three soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: I Berks Channery Silt Loarns 2-7% slope 3B Blairton Silt Loarns 2-7% slope 9C Clearbrook Channery Silt Loarns 2-15% slope The Blaitron Silt Loam soil type Is identified as a prillle agricultural soil. The three soil types range from Illoderate to severe for the Construction of small commercial buildings based oil slope and wetness properties. The 44.97± acre subject property has been developed in areas with the same soil types; as well as commercial, office and industrial land uses within proximity of the subject property. The soil type is conducive for commercial development within the 6.18±-acre portion of the subject property. Other Environmental Features The 6.18±-acre portion of the subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present that create development constraints for the proposed commercial development project. File #0297 Impact Analysis Statement/BAW 4 Greenway Engineering June 19, 2019 Peny Properties Rezoning Revised October 17, 2019 SURROUNDING PROPERTIES Adjoining property zoning and QrCSC11t use: North: M-1, Light Industrial District Use: Undeveloped (Perry Engineering) South: B-2, Business General District Use: Conlnlercial/Retail (Harley Davidson) East: B-2, Business General District Use: Office (FBI Records Facility) West: M-1, Light Industrial District Use: Office and Heavy Construction Equipment/Concrete Yard (Perry Engineering) TRANSPORTATION The 6.18±-acre portion of the subject property is located on the north side of Millwood Pike (U.S. Route 50 East) and on the west side of Constitution Drive that has been constructed to provide access to the FBI Records Center Facility. Access to 6.18±-acre portion of the subject property is planned to be provided With a shared right-in/right-out commercial entrance on Millwood Pike and a full commercial entrance located on Constitution Drive to the north of the divided section of the major collector road. The Owner's Proffer Statement provides for the construction of the shared right-in/right-out commercial entrance on Millwood Pike, the full commercial entrance located on Constitution Drive and the private internal road network to provide ingress and egress to the 6.18±-acre portion of the subject properly in conjunction with the initial Site Plan within the B-2 District. VDOT working in partnership with Navy Federal Credit Union (NFCU) has obtained funding and recently coIllpleted the construction of additional improvements to the Millwood Pike intersection with Constitution Drive and Independence Drive. NFCU commissioned a Traffic Impact Analysis and Signal Justification Analysis for this intersection to determine the improvements that would be necessary to improve the level of service and enhance safety for the traveling public. The final Traffic Impact Analysis and Signal Justification Report dated November 27, 2017 was approved by VDOT and provided the basis for funding and design of improvements at this intersection. The Report identifies the recommended improvements on Page 60 (attached) that includes new traffic signalization and widening of the existing median crossing, dual left turn lanes on Independence Drive to accommodate westbound turning movements onto Millwood Pike, the extension of the right turn lane on Millwood Pike to accommodate northbound turning movements onto Constitution Drive, and the extension of the left turn lane on Millwood Pike to accommodate southbouild turning movements onto Independence Drive. File #0297 Impact Analysis Statcmcnt/GAW 5 Grecnway 1?nginceiing June 19, 2019 Perry Properlies Rezoning Revised October 17, 2019 Greenway Engineering met with the Frederick County Transportation Planning Director to discuss the proposed commercial rezoning at the Millwood Pike/Constitution Drive intersection and was advised that VDOT and the County agreed to use a background assumption Of 6,000 GSF of fast-food with drive -through service as by -right development in this location of Tax Parcel 64-A-158 which is identified On Page 14 of the Report (attached). Grecliway Engineering submitted a TIA Waiver request to the Frederick County Transportation Planning Director that was approved with the understanding that commercial development within the 6.18±-acre portion of the subject property would be limited to 6,000 GSF and additional commercial development would be restricted until the completion OI the recommended intersection improvements that have been funded. Additionally, the TIA Waiver request was approved with the understanding that additional TIAs would be required in conjunction with Site Plans for commercial projects that exceeded 6,000 GSF within the 6.18±-acre portion of the subject property if deemed necessary by VDOT and Frederick County. The Owner's Proffer Statement provides for these commitments within the Transportation Section. The Owner has provided a Proffer Statement to mitigate transportation impacts associated with the rezoning Of the 6.18±-acre portion of the subject property from the M-1 District to the B-2 District. The proffered transportation improvements include the following: Widening Of the Constitution Drive southbound travel lanes to match the northbound travel lanes. Shared right-in/right-Out commercial entrance access on Millwood Pike. r Full commercial entrance access Oil Constitution Drive to facilitate protected left turn movements onto Millwood Pike at the signalized intersection. Construction Of a Continuous right turn lane oil Millwood Pike between the Constitution Drive intersection and the shared right-ill/right-Out commercial entrance. Millwood Pike right-of-way dedication. �- Construction Of an Off right -Of -way 10' asphalt hiker/biker trail paralleling Constitution Drive along the 6.18±-acre portion of the subject property. Construction of an on right-of-way 10' asphalt hiker/biker trail along the Millwood Pike property frontage of the 6.18±-acre portion Of the subject property. i- Additional TIA Reports during Site Plan process if deemed necessary by VDOT and Frederick County and improvements to the Millwood Pike/Constitution Drive intersection and Constitution Drive if warranted. The Owner's Proffer Statement provides for transportation enhancements and commitments that will adequately mitigate transportation impacts associated with this rezoning proposal and throughout the commercial build -out of the 6.18±-acre portion of the subject property. SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. Frederick File #0297 Impact Analysis Statement/LAW 6 Grcemvay Hnginccring Junc 19, 2019 Perry Properties Reaming Revised October 17, 2019 Water Is the prOVICICI' Of public sewer Service alld Owns alld Illainta111S the public sewer infrastructure within this area Of tllC County. The subject property Currently Operates a small private sewer grinder pLllllp station for the existing Perry Engineering Office and Winchester BUlldlllg Supply which pumps into a public 6-inch force main installed under Millwood Pike (U.S. Route 50 East). The 6-inch force inain extends into the Westview Business Centre -Navy Federal Credit Union Purnp Station which then directs effluent into the larger Frederick Water sewer Collection system in their Eastern Service Region. This collection system directs effluent to the Opequon Wastewater Treatment Facility. The 6-inch force main will be utilized by the FBI Records Facility that is Currently udder construction. It is anticipated that the bLlildOLlt Of' the subject property will yield 15,000 square feet Of' COI11111C1'Cial killed use. Based oil comparable discharge patterns and typical flows front the 6.18±-acl'C portion of the subject property, a 60 gallons/day per 100 square feet calculation for commercial development with food preparation Is appropriate for the sewer demand projections specific to this rezoning application. Q = 60 gallons/day per 100 square feet commercial Q = 60 GPD x 150 (15,000 sq.ft./100 sq.ft.) Q = 9,000 GPD TOTAL: Q = 9,000 GPD projected sewer demand The Westview Business Centre -Navy Federal Credit Union Purnp Station has a design capacity Of 54,150 GPD. Flow data for this pump station averages 20,395 GPD; therefore, the pLllllp station has a remaining capacity of 33,755 GPD. There are two projects currently under construction that will acid flows to this pump station. The FBI Records Facility is projected to require 16,100 GPD, and the Navy Federal Credit Union Office Building 3 is projected to require 7,180 GPD. This pump station will have a remaining capacity Of 10,475 GPD after the completion of these office projects; therefore, the projected 9,000 GPD service demand for the 6.18±-acre commercial rezoning Call be accommodated without improvements to this facility. Evaluation Of the Frederick Water 2017 Sanitary Sewer Master Plan dated August 17, 2017 identifies the subject property discharge into the Eastern Service Region. Review of the Eastern Service Region's Existing Conditions Section and Table 2.3 "Pump Station Summary" demonstrates that the major downstream pump stations identified as the U.S. 50 East Pump Station and the Senseny Road Regional Pump Station have capacity sufficient to accommodate the projected 9,000 GPD service demand for the 6.18±-acre commercial rezoning. The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to Frederick Water. Frederick Water currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 9,000 GPD for the 6.18±-acre commercial rezoning represents 0.31 % of available treatment capacity; File #0297 Impact Analysis Statement/EAW 7 Greenway Fliginccring June 19, 2019 Pciry Properties Rezoning Revised October 17, 2019 therefore, the proposed rezoning can be sufficiently accommodated by public sewer service till-OLlgh a system With adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. Frederick Water is the provider Of public water service and owns and maintains the public water infrastructure Within this area Of the County. Frederick Water has an existing 12-inch Water transmission main located along Independence Drive that extends across Millwood Pike (U.S. Route 50 East). The subject property has all 8-inch Water bile along the frontage of the property that serves the existing land uses and will serve the proposed commercial land uses. It is anticipated that the buildout of the Subject property will yield 15,000 square feet of commercial land use. Based oil comparable demands, a 60 gallons/day per 100 square feet calculation for commercial development with food preparation is appropriate for the water demand projections specific to this rezoning application. Q = 60 gallons/day per 100 square feet commercial Q = 60 GPD x 150 (15,000 sq.ft./100 sq.ft.) Q = 9,000 GPD TOTAL: Q = 9,000 GPD projected water demand Frederick Water obtains potable water from local quarries which are treated at the Diehl Filtration Plant (3.2 MGD) and the Anderson Filtration Plant (4.0 MGD). Frederick Water has sufficient water Capacity to serve the subject property based Oil CurreIlt and future demands. Additionally, Frederick Water has existing infrastructure that provides adequate transmission of potable water with adequate water pressure for land use and fire demands. Therefore, the proposed commercial rezoning can be sufficiently accommodated by public water service with adequate conveyance and pressure. SITE DRAINAGE The topographic relief on the 6.18±-acre subject property generally follows an east -to - southeast pattern which directs drainage towards the front of the property. Greenway Engineering has evaluated storm flows that would occur with the development of the 6.18±- acre commercial subject property which will be designed to drain toward the Millwood Pike (U.S. Route 50 East) roadside drainage swale and through piping and culverts located within the public right-of-way before reaching Opequon Creek. Commercial development specific to the 6.18±-acre subject property is expected to exceed the thresholds for stormwater management waivers; therefore, stormwater quality and quantity will be evaluated, and appropriate measures will be implemented on -site to mitigate File #0297 Impact Analysis Slatement/EAW 8 Circcm�'ay I?nginrcring June 19, 2019 Perry Propeilies Rezoning Revised 0clober 17. 2019 storillwater illlpacts. The Owner will work with the Department of Public Works during the Site Development Plan process to identify SLOrnlWatCr VOIL1n7CS front the proposed development of the subject property to ensure that there are 110 (IClriillClltal impacts to the regional stormwater nlanageinellt facility and to adjoining properties. All stor111water management plans and erosion and sedimentation control plans associated With the development of the subject property will be required to be designed In conformance With all applicable state and local l'COUlations; therefore, site drainage land sLorr1watcr manapenlent ID impacts to adjoining properties and the C0111111LInity Will be mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the proposed COI11111C1'Clal land use Oil the 6.18±-acre portion Of the subject property proposed for rezoning call be projected from all aVCragC anr1LIal CO111111CCCial COr1SLllllptioll of 5.4 cubic yards per 1,000 square feet Of structural area (Civil Engineering Reference Manual, 4`I' edition). It is anticipated that the buildout of the subject property will yield 15,000 square feet of commercial land use. Therefore, solid waste disposal impacts are based on the following figures that provide the increase in average annual solid waste volume based on commercial development on the 6.18±-acre portion of the subject property proposed for rezoning: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 Cu. yd. x 15 (15,000 sq.ft./1,000 sq. ft.) AAV = 81 cu. yd. at build -out, or 56.7 tons/yr. at build-OLIt Tile Municipal Solid Waste area Of the Regional Landfill has a current remaining Capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 56.7 tolls of solid Waste annually on average. This represeIlts a 0.028% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which Currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this rezoning proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies the Carper -Wynn House (#34- 1129) and the Wilt -Dunn -Arnold House (#34-1131) within proximity of the 6.18±-acre portion of the subject property proposed for rezoning. The Frederick County Rural Landmarks Survey identifies both structures as potentially significant properties. The Wilt - Dunn -Arnold House is located approximately 1/2-mile from the subject property and the Carper -Wynn House is located approximately 2/3-mile from the subject property. Neither property is visible from the 6.18±-acre portion of the subject property proposed for rezoning due to distance, topography and mature vegetation. Pile #0297 Impact Analysis StalemenUGAW 9 Grecmvay 1'.11gincering June 19, 2019 Perry Properties Rezoning Revised October 17, 2019 The National Park Service Study of Civil War Sites In tile Shenandoah Valley identifies the 6.18±-acre portion of the subject properly proposed for rezoning as being located outside of defined Civil War Battlefields Within the County. Additionally, the subject property is not located within potential historic districts that are identified by the Comprehensive Policy Plan. The development of commercial land use on the 6.18±-acre portion of' the subject property proposed for rezoning is consistent with other properties in this area of the County. The Senseny/Eastern Frederick Land Use Plan (SEFLUP) does not identify the subject property as historic or as developmentally sensitive area. The proposed rezoning of the property will not create negative impacts associated with historic properties and historic resources. OTHER POTENTIAL IMPACTS Tile commercial development of the 6.18±-acre portion of the subject property proposed for rezoning will provide new economic development opportunities for Frederick County. It is recognized that the development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Applicant's Proffer Statement provides a monetary contribution of $0.10 per developed building square foot to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that Would be detrimental to surrounding properties or to the County from the rezoning and development of the 6.18±-acre portion of the subject property. File #0297 Impact Analysis Statcmem/FAW 10 _.-, 5o F� cum*. A G6 D.M- W L 20+5 D.Y A—M PR h 2017 COUNTY or FREDERICI< Department of Ilanning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 20, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) IZE: REZONING APPLICATION #04-19 FOR PERRY PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 8, 2020, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres from the M I (Light Industrial) District to the 132 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. Any interested parties having questions or xvishing to speak may do so at the public hearing. A digital 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.lcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a This to certify that the attached correspondence was mailed to the following on �is 12y M fi-om the Department of Planning and Development, Frederick County, Virginia: 65 - A- - 116- 64 - A- - 159-P UNITED STATES OF AMERICA MYERS JAMES E BY GENERAL SERVICES ADMINISTRATI 100 MYERSONS DR 100 S INDEPENDENCE MALL W WINCHESTER VA 22602.4599 PHILADELPHIA PA 19106.2320 64 - A- - 158- 64 - A- - 159-T PERRY PROPERTIES JOBALIE LLC 1945 MILLWOOD PIKE 140 INDEPENDENCE RD WINCHESTER VA 22602.4561 WINCHESTER VA 22602.4500 64 - A- - 157- PERRY FERMAN W & KATHRYN M CIO PERRY ENGINEERING COMPANY 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 64 - A- - 154- FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 65 • A• • 95- FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 65 - A- - 102- PERRY PROPERTIES LLC 64 • A• - 159-E EFG LLC 340 W PARKINS MILL RD 22602 4735 WINCHESTER VA 64 • A• • 80-C VICTORY AUTOWORKS LTD 119 E STATE ST 44601 4933 ALLIANCE OH 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 Candice E. Perkins, AICP, A Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary I'ublic in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Developnent, whose name Is signed to the foregoing, dated I G2 t 5 , has personally appeared before me and acknowledged the same in my State and dounty aforesaid. Given under my hand this ( } day of lc-vyj�y�-,, '31 c, My commission expires on -()qv, �_e., \,D —�) 01a �pTARY PUBLICR REGISTRATION A 36447•` Qv11v10NWL'ALTN OF VIRCci' MY CoMMIsSION EXP COUNTY oI'FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 20, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #04-19 FOR PERRY PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 4, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-19 for Perry Properties, LLC., submitted by Grcenway Engineering, Inc. to rezone 6.18+/- acres from the M 1 (Light Industrial) District to the 132 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 1 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Counly, Virginia: 65 - A- - 116- 64 - A- - 158- UNITED STATES OF AMERICA PERRY PROPERTIES BY GENERAL SERVICES ADMINISTRATI 1945 MILLWOOD PIKE 100 S INDEPENDENCE MALL W WINCHESTER VA 22602-4561 PHILADELPHIA PA 19106.2320 64 - A- - 157- 64 - A- - 159-T PERRY FERMAN W & KATHRYN M JOBALIE LLC CIO PERRY ENGINEERING COMPANY 140 INDEPENDENCE RD 1945 MILLWOOD PIKE WINCHESTER VA 22602.4500 WINCHESTER VA 22602.4561 64 - A- - 159-E 64 - A- - 154- EFG LLC FREDERICK COUNTY VIRGINIA 340 W PARKINS MILL RD 107 N KENT ST WINCHESTER VA 22602.4735 WINCHESTER VA 22601.5039 64 - A- • 80-C 65 - A- - 95- VICTORY AUTOWORKS LTD FREDERICK COUNTY VIRGINIA 119 E STATE ST 107 N KENT ST ALLIANCE OH 44601-4933 WINCHESTER VA 22601.5039 65 - A- - 102- 64 - A- - 159-P PERRY PROPERTIES LLC MYERS JAMES E 1945 MILLWOOD PIKE 100 MYERSONS DR WINCHESTER VA 22602-4561 WINCHESTER VA 22602.4599 65 - A- - 102-A PERRY PROPERTIES LLC 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,--�,� . , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Pl iand Development, whose name is signed to the foregoing, dated 1711 �\ , has personally appeared before me and acknowledged the same in my Stale and County aforesaid. � Given under my hand this �f y day of 11 (%-� . < / -t My commission expires on U ems,; v ,%, (s I '_:/ Q- (1 1-)1 1 ®�dr. NOTARY PUEI A oEETr�� N 7ARY PUBLIC REGISTRATION $ 35404 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES [)ECEMBER•31 2021 LC,( - to: LANCE -DATA PROCESSING FROM: PAM-PLANNING DEPT. Please Print L I sets of labels by Iv Ov j4 , 1 l ' 1 It Thank You! Name and Property Identification dumber Name 1'tr Y1R�1 X �` t1 t (� ilk Y� 1 , 1(41 Q_ jeer VA G Property # ✓ p '��" J \,,rne } �. �Qv I i Cv VA VIA C CA Property # ,y- A- Name 1., (C)LA 4 O� 1n�(i-,4it iS f A Property - ( Name 1'(IfY 1( 1�'S tj C. U/� (c)'j Propem Name f< t l 1' Z 1 1 SLoc v A \ Name , fC� �tct-1`e ; c� C�l�i,� c�. �. 10J ttl,n. �i1 �gClti\CL -PA FiI Property# ,reJ';— ( �, -`� v S Name �U V LL� I 'i �l �t 1�� (1��1\�^. rl Ltie �l C1 Property# Name t G- Z—LC PO,r i Property # )T tiame v ) <-L, ALkkmC0i %--T U Property # \ame Property # Name Property # Name Property # Name Property # '.game Property # 17 65 - A- - 102-A PERRY PROPERTIES LLC 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 65 - A- - 102-A PERRY PROPERTIES LLC 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 COUNTY of I+REDERICK Department of Planning and Developmcnt 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 20, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) IZE: REZONING APPLICATION 1/04-19 FOR PERRY PROPERTIES L LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on NVednesday, December 4, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: �Ll C Rezoning #04-19 for Perry Properties submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres from the M I (Light Industrial) District to the 132 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Properly Identification Number 64-A-158. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.i'cva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd a 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 FREDERICK COUNTY DEPARTMEN'I' OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 10/24/19 REQUESTED COMPLETION DATE: 11/01/19 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 64-A-158 DESCRIPTION OF REQUEST: Rez. #04-19 PerryProperties Would you please make the usual maps that Candice wants for a rezoning. Thank You! Submit COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 20, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS) RE: REZONING APPLICATION #04-19 FOR PERRY PROPERTIES, LLC On belialf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 4, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North bent Street, Winchester, Virginia to consider the following application: Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to rezone 6.18-F/- acres from the M 1 (Light Industrial) District to the B2 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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.Ieva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 NOVA 720 20 NOV 2019 PRI2_ 64 - A- - 154- FREDERICK COUNTY VIRGINIA 107 N KENT ST WINCHESTER VA 22601.5039 Hasler 11 /20/2019 MA ., mg FIRST-CLASS MAIL $00. 502 ZIP 22601 011D11646815 I NOV 2 2 2019 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 20, 2019 TO: THE APPLICANTS) AND/OR ADJOINING I3ROPEIZTY OWNER(S) RE: REZONING APPLICATION #04-19 FOR PERRY PROPERTIES, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 4, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-19 for Perry Properties, LLC., submitted by Greenway Engineering, Inc. to rezone 6.18+/- acres fi-om the MI (Light Industrial) District to the 132 (General Business) District with proffers. The property is located on the north side of Millwood Pike (Route 50 East) and the west side of Constitution Drive in the Shawnee Magisterial District and is identified by Property Identification Number 64-A-158. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital 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: w�v�v.fcva.us. Sincerely, Candice E. 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