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HomeMy WebLinkAbout01-14 Cowperwood Fema 1.24 acres to B2 - Stonewall - BackfileNOTES RECEIPT DATE No. 855968 RECEIVED FROM rl !./t1� -te ord- Ll-G ADDRESS/LY A ` etiyi 1 SY. �L`iL��C� l%/9 _ YG 'AXLCA Z ehe AUAJ cd ��u- --��;. 51 a q, 0-0 �;AJ -U ACCOUNT HOW PAID AMT. Of CASH ACCOUNT AMT' CHECK PAID 01 BALANCE MONEY -DUE ORDER BY)tailm_U�A�mvl ------ 2001 rfaa+'R 8L818 REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement �_ Deed ✓ Impact Analysis Plat/Survey ✓ Adjoiner List ✓ Taxes Paid Statement_ File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application :ketion Summary updated Plannin„; (commission Meeting Board of Supervisors Meeting ACTION:I/ .. ACTION:Q!IYj 1 Signed cope of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/cope to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update coning map Zoning map amended Proffers recorded Sys ID # J a Revised 3/13/14 0 REZONING APPLICATION #01-14 Cowperwood FEMA Staff Report for the Board of Supervisors Prepared: July 28, 2014 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 07/16/14 Recommended Approval Board of Supervisors: 08/13/14 Pending PROPOSAL: To rezone 1.24+/- acres of an 18.34-acre property from RA (Rural Area) District to B2 (Business General) District with proffers. The balance of the property is to remain 16.53+/- MI (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. LOCATION: The property is located on the west side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317. EXECUTIVE SUMMARY & PC RECOMMEND:1TIOti FOR THE 08/13/14 BOARD OF SUPERVISORS MEETING: This is a request to rezone a small portion, 1.24 acres, of a larger 18.34-acre tract for the purpose of enabling the property owner to subdivide the 1.24 acres from the parent tract as a new tax parcel. This would then allow the existing single family residence to be on the 1.24-acre parcel, and the FEMA Office complex on the balance of the property. A Proffer Statement, dated February 14, 2014 and revised June 17, 2014, has been provided that limits the development on the 1.24-acre parcel to the existing single family detached dwelling, ensures the access to the property is via the existing entrance and does not pen -nit any new connections to Martinsburg Pike, and dedicates the appropriate amount of right of way (20') for future improvements to Martinsburg Pike. The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. The Planning Commission recommended approval of the 1.24-acre rezoning request from RA (Rural Area) District to B2 (Business General) District with proffers. Following the required public !tearing, a decision rezardink, this rezoning application by the Board of Supervisors would be appropriate The applicant should be prepared to adequateh- address all concerns raised bt, the Board of Supervisors. ORI�INFti_ Rezoning #01-14 Cowperwood FEMA LLC July 28, 2014 Page 2 This report is prepared kv the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. /t may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 07 /16 /14 Recommended Approval Board of Supervisors: 08/13/14 Pending PROPOSAL: To rezone 1.24+/- acres of an 18.34-acre property from RA (Rural Area) District to B2 (Business, General) District with proffers. The balance of the property is to remain 16.53+/- M 1 (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. LOCATION: The property is on the west side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 43-A-111 PROPERTY ZONING: M1 (Light Industrial) and RA (Rural Area) PRESENT USE: FEMA Office and Single Family Residence ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Residential East RP (Residential Performance) Use: Residential West: M1 (Light Industrial) Use: Office REVIEW EVALUATIONS: The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. Accordingly, the review agencies that reviewed the application were limited to the County Attorney, County Planning, and County Transportation. Frederick CounIN Attornev: The Proffer Statement is in a form to meet the requirements of the • Rezoning #01-14 Cowperwood FEMA LLC July 28, 2014 Page 3 Frederick County Zoning Ordinance and the Code of Virginia and is legally sufficient as a proffer statement. Planning & Zoning: 1) Site History The 16.53-acre balance of this property that is presently zoned M I (Light Industrial) was part of the Rutherford's Farm Industrial Park Rezoning approved in 2002. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the 1.24-acre portion for which the rezoning is being requested as R-3 (Residential - General) District. On October 8, 1980, Parcel 43-A-111, in addition to Parcels 43-A-96, 43-A- 98, 43-A-99, and a portion of 43-A-97, were rezoned from R-3 to A-2 during a Comprehensive Downzoning. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance. 2) Comprehensive Policy Plan The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). 3) Site Suitability/Environment The site contains no identified environmental features or site development constraints. Therefore, the site would be suitable for commercial development in the future. 4) Potential Impacts The impacts associated with the change of use have been limited by the scope of the proffer statement to the existing single family detached residence. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. In anticipation of future transportation needs in the Martinsburg Pike Corridor (as identified in the Northeast Land Use Plan), the Applicant has worked with Transportation Planning and VDOT to enable the dedication of 20' of right of way across the property frontage, when needed. This is consistent with the anticipated future right of way needs associated with this project. 5) Proffer Statement (Dated February 14, 2014 and revised June 17, 2014) Development on the 1.24 acre parcel has been limited to the existing single family detached dwelling. As this is proffered, this ensures that the potential impacts are limited. • Rezoning #01-14 Cowperwood FEMA LLC July 28, 2014 Page 4 The proffer statement limits access for the existing single family dwelling to the existing access drive, shared with FEMA. The proffer statement further expresses that additional connections to Martinsburg Pike along the frontage of the property is restricted. The proffer statement dedicates the appropriate amount of right of way (20') for future improvements to Martinsburg Pike. STAFF CONCLUSIONS FOR THE 07/16/14 PLANNING COMMISSION MEETING: This is a request to rezone a small portion, 1.24 acres, of a larger 18.34-acre tract for the purpose of enabling the property owner to subdivide the 1.24 acres from the parent tract as a new tax parcel. This would then allow the existing single family residence to be on the 1.24-acre parcel and the FEMA Office complex on the balance of the property. A Proffer Statement, dated February 14, 2014 and revised June 17, 2014, has been provided that limits the development on the 1.24-acre parcel to the existing single family detached dwelling, ensures the access to the property is via the existing entrance and does not permit any new connections to Martinsburg Pike, and dedicates the appropriate amount of right of way (20') for future improvements to Martinsburg Pike. The proposed commercial land use is consistent with the future commercial land use identified in the 2030 Comprehensive Plan and the Northeast Land Use Plan and the property is within the Sewer and Water Service Area (SWSA). The impacts associated with the change of use have been limited by the scope of the proffer statement. Therefore, no additional impacts to Frederick County or the surrounding property owners are anticipated. Rezoning #01-14 Cowperwood FEMA LLC July 28, 2014 Page 5 PLANNING COMMISSION SUMMARY & ACTION OF THE 7/16/14 MEETING: The applicant's representative, Mr. Evan A. Wyatt of Greenway Engineering, provided a detailed history of the applicant's pursuit in getting the residence severed from the balance of the FEMA property. Mr. Wyatt reported that back in 2006, a waiver exception to the minimum lot size was initially sought; however, the Board preferred the applicant come back with a rezoning. He said from 2008 until a year ago, momentum to pursue rezoning was lost due to the recession. More recently, this effort was again approached because the minimum lot size was no longer an issue, enabling subdivision of the property. Upon his consultation with the Planning Staff, the applicant noted the Comprehensive Plan calls for properties along the frontage of Route 11 to be commercially zoned over time. Therefore, he said this request is for B2 Zoning, to restrict by proffers the use of the property to residential, and will be followed by the subdivision of the parcel from the FEMA tract. The Planning Staff pointed out within this particular area, there are a variety of small, existing residential lots up and down Route 1 1; however, the future land use is identified as commercial. Subsequently, over time, these parcels will convert to the commercial designation and eventually, there will be a mass that would be sufficient enough to support a commercial project of substance. One area resident spoke during the citizen comments portion of the public hearing. She assumed the business rezoning would give the property owners the ability to conduct a business on the property and she believed a business would negatively affect the appearance of the area and the quality of life for existing residents. A member of the Commission asked if there were any by -right commercial uses the property owner could do, even though the proffer restricts the property to residential use. The staff replied the residents of the property could conduct a home occupation, but not a conditional use permit. No other issues were raised. The Planning Commission unanimously recommended approval of the rezoning with proffers. Staff would recommend approval of the 1.24-acre rezoning request from RA (Rural Area) District to B2 (Business General) District with proffers. Followinga the required public hearinz a decision regarding this rezoning application bl, the Board of Supervisors would be appropriate The applicant should be prepared to adeguatell, address all concerns raised by the Board of Supervisors. O,Q7- >a Applications Parcels Building Footprints O B1 (Business, Neighborhood District) B2 (Business, General Distrist)� B3 (Business, Industrial Transition District) 1 EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) 1 MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) t RP (Residential Performance District) rt'�1t All %0'j)S No!e: Frederick County Dept o! Planning b Development REZ # 01 - 14 107N Kent St e PINS: Suite e 202 43 - A - 1 1 1 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 25,2014 Staff: mruddy 0 120 240 480 Feet !#01-14 A - I 43 7 )128 4JA III ti•.r Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) REZQ114 r'� n ``4J A IIJ Um OF S Q� \� "I 0 43 A 707 43 A 106 A 105 "$Ott oP e �JP 9,y, yS 2 Rp iL- Note: Frederick County Dept of Planning & Development REZ # 01 - 14 107N Kent St e PINS: Suite e 202 43 - A - 1 1 1 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 25, 2014 Staff: mruddy 0 120 240 480 Feet C1 Greenway Lngincering February 14, 2014 Cowperwood ITNA, LLC Rezoning Revised June 17, 2014 COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) District to Business General (132) District with Proffers PROPERTY: 1.24± acre portion of 18.34± acre parcel Tax Parcel 43-A-1 I I RECORD OWNER: Cowperwood FEMA, LLC APPLICANT: Cowperwood FEMA, LLC (here -in after the "Owner") PROJECT NAME: Cowperwood FEMA, LLC Commercial Property ORIGINAL DATE OF PROFFERS: February 14, 2014 REVISION DATE: June 17, 2014 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 # 6 1- l q for the rezoning of 1.24±-acres of Rural Areas (RA) District to 1.24±-acres of Business General (132) District with proffers; development of the subject property ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Cowperwood FEMA, LLC Commercial Property and more particularly described as the land owned by Cowperwood FEMA, LLC., being a 1.24± acre portion of Tax Map Parcel 43-A-111 (tax parcel 43-A-111 acquired as Instrument No. 0600020794), as shown on the plat titled Rezoning Exhibit, by Richard A. Edens dated December 17, 2013. Pile 112795J/EA W 0 0 Greenway Engineering February 14, 2014 Cowperwood 11iMA, LLC Rezoning Revised June 17, 2014 COWPERWOOD I+EMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT A. Land Use 1) The Owner hereby proffers to limit development of the Property to the existing single-family detached dwelling. This proffer allows for the expansion and/or repair of the existing single-family dwelling in accordance with all applicable state and local requirements provided that the structure reIllains as a single-family detached dwelling. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of the Property that is 20' in width for the future widening of Martinsburg Pike (U.S. Route 11 North). The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested by VDOT or Frederick County in writing for the Martinsburg Pike widening project. 2) The Owner hereby proffers to utilize the existing access drive located on tax parcel 43-A-1 l 1 for the existing single-family detached dwelling for access to the public street system, and proffers to restrict additional connections to Martinsburg Pike along the frontage of the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File 412795YEAw E 0 Greenway Engineering Sigiiature February 14, 2014 Cowperwood ITMA, LLC Rezoning Revised June 17, 2014 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted. By: Cowperwood FEMA, LLC Edward J. SUSSi, Executive Vice President State of New York, City/County of 1�,kW O P--K— To Wit: Date The foregoing instrument was acknowledged before me this T� day of J vwc-- 20/4- by Gb KA ax) L S Notary Public NANETTE BRANNIGAN My Commission Expiresa7-666'::� 2--, 2-0� Notary Public, State of New York No. 31-4875068 Qualified in New York County Term Expires October 27, 20 y4- File #2795UEAW 3 9 0 Rezoning; Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., 3rd Floor 107 North Kent Street Winchester, Virginia 22601 (540)665-6383 Applicant's Name: Greenway Engineering, Inc. Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Frederick County Attorney Co. Administration Bldg., 3Td Floor 107 North Kent Street Winchester, Virginia Telephone: 540-662-4185 Location of property: West side of Martlnsburg Pike (U.S. Route 11 North) approximately 0.6 miles north of interstate 81 Exit 317 Current zoning: M-1 & RA Toning requested: M-1; RA & 82 Acreage: 1.24+/- B2 County Attorney's Comments: lf'oT�Qi 57 �2 1 31 !� c? ,ei WDam D �1 ?<I-d o� l 12�t f�1 '�" ' °r2 / .e-�,yf.rtZlr�eii er! ��-�/,� ci"�-9S a OP Peststm*County Atto►ney's/� i�o Signature & pate: _ / Rod.tr, r-I( 6, ��l!gr,s Notice to County Attorney - Please Return This Form to the Applicant 19 0 0 Evan Wyatt From: Mike Ruddy <m ruddy@ fcva.us> Sent: Friday, May 16, 2014 3:50 PM To: Evan Wyatt Cc: John Bishop Subject: Cowperwood FEMA, LLC Rezoning Good afternoon Evan. Staff has had the opportunity to review the Cowperwood FEMA, LLC Rezoning application submitted to our office. This is 1.24 acre commercial 132 rezoning request represents a portion of the larger 18.34 acre parcel identified with PIN 43-A- 111. The balance of the property retains its current zoning, 16.53 acres of M1 District and 0.57 acres of RA District. One item in the Proffer Statement, Transportation Proffer B. 1), should be modified to include Frederick County as an entity (along with VDOT) that may request in writing that the owner dedicate the 20'- wide right-of-way to VDOT for the Martinsburg Pike widening project. We look forward to the official submission of this rezoning application. Sincerely. Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddV@fcva.us www.fcva.us/planning • 0 IMPACT ANALYSIS STATEMENT COWPERWOOD FEMA, LLC COMMERCIAL REZONING February 14, 2014 Tax Parcel # 43-A-111 (18.34± acres) Rezoning Portion of Parcel 1.24± acres Contact Person: ewyatt 0 greenwayeng.com T: 540.662.4185 C: 540.974.2701 151 Windy Hill Lane Winchester, VA 22602 Evan Wyatt, AICP GREENWAY ENGINEERING • • Impact Analysis Statement Febniary 14, 2014 COWPERWOOD FEMA, LLC REZONING INTRODUCTION This report has been prepared for the pui-posc of' assessing the impact on Frederick COLInty by the proffered rezoning Of it 1.24± acre portion of Tax Parcel 43-A-1 11, owned by Cowperwood FEMA, LLC. Tax Parcel 43-A-1 I 1 is an 18.34± acre parcel, of which 16.53± acres is zoned 1VI-1, Light IIICILIstrlal District and 1.81± acres is zoned RA, Rural Areas District. Currently, the M- l District portion OI the property is developed as all office facility that is Lender a long-term lease with FEN/lA, and the RA District portion of the property is developed as a single-family detached residence and also contains an access driveway leading to the gated portion of the office facility portion of the property. This access driveway is limited to delivery traffic and also serves as an emergency access. Cowperwood FEMA, LLC desires to rezone a 1.24± acre portion of the RA District acreage that is outside of the access driveway to the B-2, BLISIIlesS General District. Subsequent to approval of the B-2 District zoning, the property owner desires to subdivide the 1.24± portion of the 18.34± property as a new tax parcel, which will contain the existing single family detached residence. Basic information Location: West side of Martinsburg Pike (U.S. Route 11 North) approximately 0.6 miles north Of Interstate 81 Exit 317. Magisterial District: Stonewall District Property ID Number: 43-A-1 I I CLII'I'eilt Zoning: M-1, Light Industrial District and RA, Rural Areas District Current Use: FEMA Office and Single -Family Residence Proposed Use: No new land uses are proposed. The 1.24± acre B-2 District portion is proposed to be subdivided subseCluent to tile rezoning process. Proposed Zoning: 1.24± acre B-2 District portion of Tax Nlap Parcel 43-A- I 11. Total Rezoning Area: 1.24± acres Greenway Engineering, Inc. 2 Project #2795J 0 0 Impact Analysis Statcmcnl Fcbruary 14, 2014 COMPREHENSIVE POLICY PLAN Sewer and Water Service Area Tax Parcel 43-A-1I I is currently located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this property for commercial land use is appropriate based on current policy. The 1.24± acre subject property has access to public water and public sewer service. Therefore, the request to rezone the subject properties from RA, RLlral Areas District to B-2, BLISineSS General District will not requll-C the expansion of the SWSA or the extension of public water and sewer infrastructure to serve the subject properties. (Please refer to the UDA and SWSA Map Exhibit.) Northeast Frederick Land Use Plan Tax Parcel 43-A-1 1 1 is a component of the Northeast Frederick Land Use Plan. This parcel is located along the Martinsburg Pike corridor, which is planned for future business land use. Therefore, the regLICSt to rezone the subject properties from RA, Rural Areas District to B-2, Business General District is consistent with the future land use identified in the Comprehensive Policy Plan. SUITABILITY OF THE SITE Floodplains The 1.24± acre Subject property is located on FEMA NFIP Map #_51069CO210D, dated September 2, 2009. The FEMA NF113 map identifies the subject properties as a Zone X — Area outside the 0.2% annual chance floodplain. Therefore, the proposed rezoning will not impact existing floodplain areas. Wetlands The National Wetlands Inventory Map (NWI) does not identify wetlands on the 1.24± acre portion of the property that is proposed to be rezoned to the B-2 District. The NWI identifies the nearest wetland area approximately 1/3-mile north of the subject site; therefore, the proposed rezoning will not impact defined wetland areas. Steep Slopes The 1.24± acre subject property does not contain areas of steep slope. The subject property has gently sloping topographic relief that runs from a 690' elevation in the western portion of the property to a 683' elevation in the eastern potion of the property, which results in an approximate slope of 5%. Therefore, the proposed rezoning will not impact steep slopes. Grecnway Lngincering, Inc. 3 Project #2795J Impact Analysis Statement February 14, 2014 Mature Woodlands The 1.24± acre Subject property is developed as a single-family detached residence and does not contain areas of mature woodlands. Therefore, the proposed rezoning will not impact maLlll'e woodlands. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service was Co11SuILCCI to ClCtel'lllllle Soil LypCs contained in this tract. The subject site is located oil dial) Sheet 111.1mber 24 and contains (lie following Soil type: 513: Carbo Silt Loam 2-7% slope The USDA Soil Conservation Service identifies Carbo Silt Loam as prime agricultural soils in Table 5 — Prime Farmland Soils in the Soil Survey. The portion of the subject property proposed for rezoning is developed as a single-family detached residence; therefore, no agricultural activities will occur on the property. Construction Conditions The USDA Soil Conservation Service identifies the Carbo Silt Loam as permeable soils with a high shrink -swell potential. Depth to bedrock, shrink swell, and permeability are identified as creating limitations for development. It should be noted that this soil type is prevalent within developed parcels in the vicinity of the portion of the subject site that is proposed to be rezoned. Lakes and Ponds The 1.24± acre subject property does not contain lakes or ponds. Therefore, the proposed rezoning will not impact these environmental features. Sinkholes There is no evidence of Sinkholes within the 1.24± acre portion of the property that is proposed to be rezoned. SURROUNDING PROPERTIES Adioinina property zonim-, and present use: North: Zoned RA, Rural Areas District Use: Residential Greenway Engineering, inc. 4 Project #2795J 0 Impact Analysis statement 0 February 14, 2014 SOLIIII: Zoned IZP Residential Performance District East: Zoned IZP Residential Performance District West: Zoned M-1, Light Industrial District TRAFFIC Use: Residential Use: Residential Use: Office & Unimproved The 1.24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence. The remaining portion of Tax Map Parcel 43-A-1 1 l is developed as a secured office and warehouse facility that is Under a long-term lease agreement With FEMA. An access drive has been developed adjacent to the 1.24± acre subject property, which is gated to the west and provides for delivery service and emergency service access to the FEMA office and warehouse facility. The existing single-family detached residence is the only land Use permitted to have ingress and egress over the access drive. Additionally, the Applicant's proffer statement limits the use of' this property to the existing single-family detached residence. Therefore, the proposal to rezone the 1.24± acre portion of the Cowperwood FEMA, LLC property will not create any additional traffic impacts to the Martinsburg Pike (U.S. Route 11 North) corridor. As a result ol' these existing conditions, the County Transportation Director has advised that a traffic impact analysis statement is not required for this rezoning application. The Northeast Frederick Land Use Plan idelltlfiCS the ultimate condition of MartlilsbUrg Pike as an Improved Minor Collector that will be a six lane divided roadway. Martinsburg Pike has a right-of-way width of 80 feet, of which, there is 40 feet from the centerline to the frontage of the subject property. Therefore, the Applicant's proffer statement provides for a 20-foot right-of-way dedication along the frontage of the subject property to accommodate the right-of-way needs for this future improvement. SEWAGE CONVEYANCE AND TREATMENT The 1.24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence that uses an existing septic system. The office facility on the Cowperwood FEMA, LLC property was developed with public sewer, and a sanitary sewer easement has been established that provides for the ability for subject property to connect to public sewer in the future. The existing office facility was designed to direct effluent through an 8-inch sewer line to the Hiatt RUii SCWCI- pLllllp Station located adjacent to the Winchester and Western Railroad. This pump station directs effluent to the Opequon Wastewater Reclamation Facility, which has a flow capacity of 12.6 MGD. This regional pump station was sized accordingly to Greenway Engineering, Inc. 5 Project #2795J • 0 Impact Analysis Statement February 14, 2014 accommodate the sewer needs of the subject site, as well as other land areas within this Portion of the County. WATER SUPPLY The 1.24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence that uses an existing well system. The office facility on the Cowperwood FEMA, LLC property was developed With public water, which established a tap on the existing 10" water transmission line that is located along Martinsburg Pike and constructed a 10" service line across the access drive that selves the SUbJCct pi'OpCi'ty. The water service lisle has been looped to create adequate pressure and fire flow, which provides the ability for the Subject property to connect to public water in the future. DRAINAGE The topographic conditions of the 1.24± acre SUbJect property direct stormwater fi'orn the high point in the western portion of the property to the low point in the eastern portion of the property adjacent to Martinsburg Pike. An existing drainage and stormwater management easement was established oil the Subject property during the development of' the office facility. This area was improved to accommodate stormwater from the office facility and the existing residence. Therefore, the proposed rezoning will not have an adverse impact regarding stormwater discharge from the SUbJect Site that could impact adjoining properties or receiving systems. EMERGENCY SERVICES The 1.24± acre subject property is located approximately 3 miles south of the Clearbrook Volunteer Fire and Rescue Station; therefore, response time from this facility to the existing residential dwelling is within a reasonable response time. This is an existing use; therefore, the proposed rezoning does not create any additional impacts to emergency services. SOLID WASTE DISPOSAL The impact oil solid waste disposal facilities can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 4°i edition). The following figures demonstrate Solid waste impacts from the existing residential dwelling on the subject property: AV = 5.4 Cu AV = 5.4 Cu AV=5.4Ci1 Yd. per household Yd. x I residential unit Yd. Greenway Engineering, Inc. 6 Project #2795J 0 0 Impact Analysis statement February 14, 2014 The impact on solid Waste associated With the existing residence is already calculated into the annual average solid waste assumptions for the Municipal Solid Waste area of the Regional Landfill, Which Currently averages 200,000 tons per year. Therefore, there are no additional impacts to solid waste disposal as a result of this rezoning application. HISTORICAL SITES AND STRUCTURES Tile 1.24± acre subject property is located within the boundary of the Second Winchester Battlefield area designated by the National Park Service Civil war Sites in the Shenandoah Valley Report. However, this report does not identify the site as being located with a core battlefield area. Tax parcel 43-A-1 1 I is completely developed, which includes an office facility, parking lots, and access drive, and a residence; therefore, there is no site integrity or historic value associated with this parcel. OTHER COMMUNITY FACILITIES Educational Facilities The proposed rezoning does not allow for new development in colJunctlon with this proffer statement; therefore, this request Will not create additional impacts to the Frederick County PllbliC School system. Parks and Recreation The proposed rezoning does not allow for new development in conjunction with this proffer statement; therefore, this request Will not create additional impacts to the Frederick County public park system. Emergency Services The 1.24± acre subject property is located approximately 3 miles south of the Clearbrook Volunteer Fire and Rescue Station; therefore, response time from this facility to the existing residential dwelling is within a reasonable response time. The proposed rezoning does not allow for new development In Coll)llllctloil With this proffer statement; therefore, this request Will not Create additional impacts to emergency services. Libraries The proposed rezoning does not allow for new development in conjunction with this proffer statement; therefore, this request will not create additional impacts to the Frederick County library system. Greenway Engineering, Inc. 7 Project H2795J Impact Analysis Statement February 14, 2014 Local Government The proposed rezoning does not allow for new development in conjunction With this proffer statement; therefore, thiS 1'CgLICSt Will not create additioIlal impacts to other services provided by Frederick County. Greenway Engineering, Inc. 8 Project #27951 COWPERWOOD FEMA LLC PROPERTY AERIAL OVERVIEW r as c�yo Go M�I IF t f it � •a h Legend Q Cowperwood FEMA LLC Property ® Appr)x Area To Be Rezoned Parcel Boundary Feet 200 0 200 400 a_ O U w � U � Q Z w g Z > � 0 O LLJ W Q Of w d O U w O 1-- m U o Q z w ~ Z 0 a J w g > >y-CY) J Z H N 1i Z > D o wo(3o� ti LU IVQ Y w 0 0 Y O a� J U � w J a LL Q � w o w 0 h Il w w v 3: Z X o L 0 o w U to N N w w Data Source Frederick County. Va GIS Department, November 2012 Data: Aerial Photo from 2010 COWPERWOOD FEMA LLC PROPERTY LOCATION and ZONING PAAP QZ SE IT ` Zrjj W W Z, W 0� �Z �m as ON y0 oc G L�L WINCHESTfER 11 Q f O � ELOC,�\TIONMAP d U U Z J Z O N _.. w O wcis x Z O 0 O — `.. U w a Legend { Cowperwood FEMA LLC Property w 3 ® Approx Area To Be Rezoned r Parcel Boundary v o Frederick County Zoning w Q � Z o p W B2 (Business, General Distrist) (D -1 o U Z Q > M1 'Industrial, Light District) Q z O w M2 ,Industrial, General District) Z LO z o w O-0 U O r RA (Rural Area District) `� w m Q U W RP ;Residential, Performance District) 00 0 J v 0 c a LL w Q Q W CS,O 0 w U w p a Z w v Feet o J 0 U N MENEM= U F- N _ 200 0 200 4004rJ Q o Map Data Source Frederick County. Va. GIs Department, November 2012 Data •' COWPERWOOD FEMA LLC PROPERTY .•''• SWSA MAP rr r• Q r � z ■ `�■ •• W z ' Wv z ■ N f ■ .■ ■ ■ • f v%Q � 1 ■ • co •• 1 44/ } co u.I i i 2 O i 4V a. 0 ■ Goo Q — 2 • w O Q • u_ N • �••.440 S Sq a o w W 0 INSIpE O S W SA ■...,� � w a O w 3 0 } Legenof Z d ~ 00 U w Cowperwood FEMA LLC Property W z LD V Approx Area To Be Rezoned a �_ o y Parcel Boundary a 6 o J Z Q w� N yo v L...■� Sc;wer Water Service Area 2 Z Q o 0 Water Line o N 3 Q Ov w y Sewer Line o J U 0 G a LL Q o W W o a. Z w v Feet o �oro� o N e U N 20 D 0 200 400 F UJI .i Nap Data Source Frederick County, Va GIS Department. November 2012 Data; FCSA 2014 Fj Cr Ir m � M v 0 rn C 0 1 U Legend Cowperwood FEMA LLC Property ® Approx Area To Be Rezoned ParCE!l Boundary Lake or Pond Wetlend 100 Year Floodplain Stream 5 Foct Intermediate Contour 25 Foot Index Contour Feet I ` "0 400 0 400 800 / w 0 f- CO Q v o w w O w w E J E5 Lf w 0 a O 0Q Q > > in M Q Z Z LL. J ~ T) Z o LL O Q O C] O O Z W Y U L1J 0 Z Z J Q Q a, _ W d Of W 0 o 0 O Z W Z � W LL tl v o 0,cn n V C0 w ul Map Data Source Frederick County, Va GIS Department, November 2012 Data COWPERWOOD FEMA LLC PROPERTY SOILS MAP I w a O w U J Ur a Q Z Q 2i Z LwL N J 00 � O >O Of w a. O U w 0 F- m U p Q z w Z I1 in — cn O p CD w x J L d Q J (7 a- ct� > Q� Z Q w F N H Z C o ON -j C< O w Q U U O Y w O J U 0 3 Qtl 3: w cD w w p 01 w v n Z o L O O L N u N W W Q U � U V7 Aap Data Source Frederick County, Va GIS Department, November 2012 Data 4. COWPERWOOD FEMA LLC PROPERTY HISTORIC FEATURES MAP a� �04 f� ZW W zi W c� DC z Stephensons Depot Battlefield w' W a a O Q w 2 a U W Q Z �a 2 Z a goy LIJ u- O Lu LL Go LLJ U O 0 O U) W = a O w 3 0 Legend ►- m � U w a Cowperwood FEMA LLC Property � g (_ z a4, ® Approx Area To Be Rezoned o o o c a U)<> 34-727 Rutherford's Far, Parcel Boundary J } 0 ® • < W f v. Raral Landmark 2 Z Q( j o �- Civil War Battlefield u- o U- Q o w Stephensons Depot it Q 0 00 O J W a o o = W v i CJ r10 0 L o u110. . o Feet O ty N S 500 0 500 1,000 " w Q< Map Data Source Frederick County, Va. GIS Department, November 2012 Data M 43 A 99 43 A 99 43 A 112E COVVPERWOOD FEMA LLC PROPERTY ADJOINING PROPERTIES MAP 1.3 A 112A 43 A 113 110 43 A 133 43 A 134 43 A 134B W a a_ Q O 2 Q� U) a_ W U � LLJ J Q Z d Z O W O LlJ c O Z O z Of O W d o 3: Q O U w O M— in } U o IY Cl.Q z W Q - Z 11LLJJ U > m J W 2 Z O T 5 o D O Q O O X 2 Y w O ? J U o Z Q a u_ 0 w p w 0 0 n O Z W v u Q o LL o Feet o U) N 200 0 200 400 w u' Q < o n Nap Data Source Frederick County, Va GIS Department. November 2012 Data COWPERWOOD FEMA LLC PRCSTY 0 • 0 ADJOINING PROPERTIES LISTING Tax Map Number Owner Address City & State ZIP 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601 43 A 108 NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603 43 A 109 MERRYMAN SCOTT E - MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 110 RIDDICK THOMAS E JR - RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112E DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 122603 43 A 134 WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134E jWWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 122604 Source: Frederick County GIS, December 2013 12/19/2013 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $rj Zoning Amendment Number I - I q Date Received (i I 'D-k) t PC Hearing Date —) I (o I _ BOS Hearing Date The following h formation shin! he provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Address: 151 Windy Hill Lane Telephone: 540-662-4185 Winchester, VA 22602 2. Property Owner (if different than above): Name: Cowperwood FEMA, LLC Telephone: 212-953-0007 Address: 375 Park Avenue, Suite 3701 New York, NY 10152 3. Contact person if other than above: Name: Evan Wyatt Telephone: 540-662-4185 4. Property Information: a. Property Identification Number(s): 43-A-111 b. Total acreage to be rezoned: 1.24 +/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.24 +/- acres d. Current zoning designation(s) and acreage(s) in each designation: M-1 District 16.53 +/- acres; RA District 1.81 +/- acres e. f Proposed zoning designation(s) and acreage(s) in each designation: M-1 District 16.53 +/- acres; B-2 District 1.24 +/- acres; RA District 0.57 +/- acres Magisterial District(s): Stonewall District 12 • 5. Checklist: Check the following Itellls that have been 111CILIded with this application. Location map _� ✓ Agency Comments (✓ �_ Plat _� ✓ �_ Fees _� ✓ (_ Deed to property _I ✓ _ Impact Analysis Statement _� ✓ Verification of taxes paid _� ✓.�_ Proffer Statement _( r/L Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pelf's) Of all Sllbnlltted CIOCLII11C11tS, maps and exhibits 6. The Code of Vii-Onia allows us to request full disclosure of owilership ill relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Cowperwood FEMA, LLC - Edward J. Sussi, Executive Vice President 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to Attached Adjoining Property Owner Map & Table 8. Location: The property is located at (give exact location based on nearest road and distance froill nearest Il1tCl-SCCtI011, llSlllg road Rallies and I'OIItC numbers): The 1.24 +/- acre portion of Tax Map Parcel 43-A-111 proposed to be rezoned B-2 District has frontage on the west side of Martinsburg Pike (U.S. Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317. 13 • 9. The following information should be provided according to the type of rezoning Proposed: Number of Units Proposed Single Family homes: 1 existing Townhome: o Multi -Family: o Non -Residential Lots: 0 Mobile Home: o Hotel Rooms: o Square rootage of Proposed Uses Office: o Service Station: o Retail: 0 Manufacturing: o Restaurant: 0 Warehouse: o Commercial: a Other: 0 10. Signature: I (we), tl1C ltnderslgncd, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Plallillllg COI11mISSloll 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 Illaterials are true and accurate to the best Of Illy (our) knowledge. Applicant(s): Date: Date: Owner(s): Date: Date: 14 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.fredericic.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Cowperwood FEMA, LLC (P11011C) 212-953-0007 (Address) 375 Park Avenue, Suite 3701 New York, NY 10152 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court Of the County of )±rcdcrick, Virginia, by Instrument No. 060020794 oil Page 0186 and is described as Parcel: 111 Lot: 43 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Pllolle) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 TO act as Illy trite alld lawful attorney -Ill -fact For and ail Illy (Our) naille, place and stead with full power and authority I (we) would have if acting personally to File planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -In -fact Shall have tile authority to Offer proffered conditions and t0 make arricridllleIlts t0 previously approved proffered conditions except as follows: This authorization shall expire one year front the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this O 2'�" clay of 20 14-, Signature(s) ►�cw Yo aw State o. b County of NCW 'i0/2_K—_ , To -wit: I, a4klE►jE 6APe1J1.116611 a Notary Public in anti for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has aclalo vleclge I the same before me in the jurisdiction aforesaid this a rt—� clay ofA-ARIL, 20 14 Dk�l My Commission Expires: 16 1 Lzj-/Zdl+ Notary Public • 0 AMENDMENT Action: PLANNING COMMISSION: July 16, 2014 - Recommended Approval BOARD OF SUPERVISORS: August 13, 2014 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 40 1- 14 COWPERWOOD FEMA WHEREAS, Rezoning #01-14 of Cowperwood FEMA, submitted by Greenway Engineering, to rezone 1.24 acres from RA (Rural Areas) District to B2 (Business General) District with proffers dated February 14, 2014, last revised on June 17, 2014, was considered. The property is located on Martinsburg Pike (Rt. 11) and is located approximately 0.6 miles north of Interstate 81 and Exit 317. The property is further identified with P.I.N. 43-A-11 1 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on Jul), 16, 2014, and recommended approval of this request; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 13, 2014; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.24 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #20-14 I] C� -2- This ordinance shall be in effect on the date of adoption. Passed this 13th day of August, 2014 by the following recorded vote: Richard C. Shlckle, Chairman Gary A. Lofton Robert A. Hess Gene C. Fisher Christopher C. Collins PDRes. I120-14 Robert W. Wells Charles S. Del-laven, Jr. A COPY ATTEST John R. Riley, Jr. Frederick County Administrator 0 CURVE DATA 0 CURVE I DELTA ANGLE I RADIUS I ARC LENGTH I TANGENT CHORD BEARING CHORD LENGTH Cl 1 00'28' 11 " 11, 499.20' 94.27' 1 47.13' S 38'02'50 " W 94.27' ZONE, M1 ZONE. RP C N N j Q � 12 6.: 6.:Q � h U 2 i i 10 TAX PARCEL 43—A-111 of 6 oN8a 18.3453 ACRES (TOTAL) C R NST. No 0C 060020794 16.53 ACRES± PORTION TO REMAIN ZONED M 1 ZONE. M 1 ............... ZONE.• RA O 2 O 2 N 3929'50' E ------- 177.4��ZONE. ZONE._ M1 R.4 i ZONE. R- p N 55'4555" W 100.30' El SHED i DWELLING j J 12015 N 64'02'55" W ��- 14 1. 11' Lu ! k `�° o v_"i MjOrNU_ 1.2499 ACRES N N : N `r z PORTION TO BE ��- REZONED TO B2 7� � � LAJ O N N 59726'50 " W 77.64' S 85'2755" W 36.38' S 37'4844 25.56' / o W — 133.86 Cl MARTINSBURG PIKE 0.32 MILE± TO ROUTE 838 U. S ROUTE 11 McCANNS RD. 80' R/W NOTE 60 0 60 THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A GRAPHIC SCALE BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE (IN FEET) BOUNDARY LINES. REZONING EXHIBIT SHOWING A PORTION OF THE LAND OF CO WPERWOOD FL=MA, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE: 1" = 60' 1 DATE: DECEMBER 17, 2013 Engineers Surveyors Founded in 1971 GREENWAY ENGINEERP)MG 151 Windy I -fill Lane Winchester, Virginia 22602 Telephone: (540) 662-4185 FAX.• (540) 722-9528 wiviv. rcenwayeng.com 0 f RICKED A. EDENS Lic. No. 2550 11 SupN��_ 4. 2795J SHEET 1 OF 1 II-- -, ... .. . . .. ...... I. ....... ...... ............... ........... . ................ . . . ....... . ...... RUTHERFORD LLC 07/02 1335 13S. 540-662-0323 68-426/514 114 N CAMERON ST WINCHESTER, VA 22601-4745 Pay to the Order of i ) 121 ty,S c < C7 011: a �,, it BRANCI I BANKING AND TRUST COMPANY 1-600-BANK BUT BBT.Com XSFor— I-1,jj2cl-c --— -. i:050.042.0i:0005l34172 iI.0L315 ............ . ................. .................. ........ ....... . ................ . . ...... ......... co CD 41G COO cn AMENDMENT ,FGIA7 7776 Action: PLANNING COMMISSION: July 16, 2014 - Recommended Approval BOARD OF SUPERVISORS: August 13, 2014 R9 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-14 COWPERWOOD FEMA WHEREAS, Rezoning 801-14 of Cowpemood FEMA, submitted by Greenway Engineering, to rezone 1.24 acres from RA (Rural Areas) District to B2 (Business General) District with proffers dated February 14, 2014, last revised on June 17, 2014, was considered. The property is located on Martinsburg Pike (Rt. 11) and is located approximately 0.6 miles north of Interstate 81 and Exit 317. The property is further identified with P.I.N. 43-A- I I 1 in the Stonewall Magisterial District. WHEREAS, the Planning COmniissi011 held a public hearing oil this I'CZ011111g On July 16, 2014, and recommended approval of this request; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on August 13, 2014; and WHEREAS, the Frederick County Board ol'Supervisors finds the approval of this rezoning to be in the best interest of the public health, safely, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 1.24 acres from RA(Rural Areas) District to B2 (Business General) District with proffers. The Coilditi011S VOIIIntarily proffered in writing by the applicant and the property owner are attached. i PDRes #20-14 I -2- This ordinance shall be in effect on the date of adoption. Passed this 13th day of August, 2014 by the following recorded vote: Richard C. Shickle, Chairman Robert A. Hess Gene E. Fisher Christopher E. Collins PDRes.1120-14 BOS Res. 010-14 t Aye Gary A. Lofton Aye Robert W. Wells Aye Charles S. DeHaven, Jr. Aye Aye Aye Abstained A COPY ATTEST RerickCotintly Administrator VIRGINIA: FRLDERICK COUNTY-SC-1. This instrument of writing was produced to me on -(q--114at !3- 8 q-Ati . and with certificate acknowledgement thereto annexes was admitted to record. 7*ax imposed by Sec: 58.1-802 cal $_ , and 58.1-801 have been paid, if assessah►, 4e,e.t , Clerk co Co 0 U) LJ U Greenway Engineering February 14, 2014 Cowperwood ITMA, LLC Rezoning Revised June 17, 2014 1140006894, COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) District to Business General (132) District with Proffers PROPERTY: 1.24± acre portion of 18.34± acre parcel Tax Parcel 43-A-1 I 1 RECORD OWNER: Cowperwood FEMA, LLC APPLICANT: Cowperwood FEMA, LLC (here -in after the "Owner") PROJECT NAME: Cowperwood FEMA, LLC Commercial Property ORIGINAL DATE OF PROFFERS: February 14, 2014 REVISION DATE: June 17, 2014 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 # b 1 - I `/ for the rezoning of 1.24±-acres of Rural Areas (RA) District to 1.24±-acres of Business General (132) District with proffers; development of the subject property ("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 Up011 tile Owner and any successors, or assigIls of the Owner. The Property, identified as Cowperwood FEMA, LLC Commercial Property and more particularly described as the land owned by Cowperwood FEMA, LLC., being a 1.24± acre portion of Tax Map Parcel 43-A-1 11 (tax parcel 43-A-I I I acquired as Instrument No. 0600020794), as shown on the plat titled Rezoning Exhibit, by Richard A. Edens dated December 17, 2013. File #2795HEIA W n f� Greenway Engineering February 14, 2014 Cowpermod ITMA, I.LC Rezoning Revised June 17, 2014 0 O N COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT A. Land Use 1) The Owner hereby proffers to limit development of the Property to the existing single-family detached dwelling. This proffer allows for the expansion and/or repair of the existing single-family dwelling in accordance with all applicable state and local requirements provided that the StRICtUre remains as a Single-family detached dwelling. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of the Property that is 20' in width for the future widening of Martinsburg Pike (U.S. Route I 1 North). The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested by VDOT or Frederick County in writing for the Martinsburg Pike widening project. 2) The Owner hereby proffers to utilize the existing access drive located on tax parcel 43-A-1 1 1 for the existing single-family detached dwelling for access to the public street system, and proffers to restrict additional connections to Martinsburg Pike along the frontage of the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES File R2795YE-AW 01 •I,yi • � 1 1 Greenway Engineering Signature February 14, 2014 Cowperwood FEMA, LLC Rezoning Revised June 17, 2014 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y: Cowperwood FEMA, LLC Edward J. Sussi, Executive Vice President State of New York, City/County of �kW IOPLK- To Wit: Date The foregoing instrument was acknowledged before me this Iq7711 day of J vWC-- 20/ 4- by Cn VVA aj-) L 5 L )C LZll 1, l l/E CGG 12-C� I b W /—(���Notary Public NANETTE BRANNIGAN My Commission Expires ! ©I�E� 2�, ZO I Notary Public, State of New York No. 31-4875068 Qualified in New York County Term Expires October 27, 2014- O CD CD C._ File #2795HE'AW 3 r r CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 00'2817" 11,499.20' 94.27' 1 47.13' 1 S 38'0250" W 94.27' TAX PARCEL 43-A-111 pFp6 p\88 18.3453 ACRES (TOTAL) OCOWPERWOOD FEMA, LLC SO, �° INST. No 060020794 16.53 ACRES± PORTION TO REMAIN ZONED M 1 ZONE: M1 ZONE. RP ZONE.- M1 o............... E .... ...N 39 29 50 " ZONE. RA -- 1- ZONE.- Ml ZONE.• RA - ZON-- E j�p - N 55'4555" W �- 100.30' LQ N N El SHED DWELLING J M N 12015 2Qo�' I Loo� N 64'0255"W I �Q% N� ���� 3� Q 141.11' �Z� W 10 �� �� Z z QoQ.o� �' �wZ� �_ 1.2499 ACRES a PORTION TO BE -�� In, �� o REZONED TO B2 � N N 59'26 50" W �- 77.64' z z S 85'2755" W N N 36.38' i �25.56' S 37'48'44 " W - 133.86' °--- Cl MART/NSBURG P/KE - 0.32 MILEt TO ROUTE 838 U.S. ROUTE I McCANNS RD. 80' R/W NOTE 60 0 60 THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE GRAPHIC SCALE BOUNDARY LINES. (IN FEET) REZONING EXHIBIT SHOWING A PORTION OF THE LAND OF �ALTH O�,L COWPERWOOD FEMA, LLC�� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA RICHARD A. EDENS a SCALE: 1" = 60,DATE: DECEMBER 17, 2013 Lic. No. 2550 GREENWAY ENGINEERING 151 Windy hill Lane Lngincers Winchester, Krginia 22602 SURv�' cy Sttrvors Telephone: (540) 662-4185 Founded in 1971 E X.•(540) 722-9528 www.greenwayeng•com 2795J SHEET 1 OF 1 0 rn M v Q z a 060020794 THIS DEED made and dated this 31" day of October, 2006, by and between JOHN B. SCHROTH, C. ROBERT SOLENBERGER and JOHN S. SCULLY, IV, parties of the first part, hereinafter called the Grantors, and COWPERWOOD FEMA, LLC, a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey to the Grantee in fee simple absolute, with GENERAL WARRANTY of title, all of that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 18.3453 acres, and more particularly described on that certain Final Plat for Boundary Line Adjustment drawn by Richard A. Edens, L.S., dated June 13, 2006, revised August 31, 2006, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 06-0018810, and by this reference made a part hereof as if set out in full and described by metes and bounds attached hereto and by this reference made a part hereof as if set out in full; AND BEING a portion of the same land conveyed to C. Robert Solenberger, John B. Schroth and John S. Scully, IV, by Deed dated August 24, 2004, of record in the aforesaid Clerk's Office as Instrument No. 04-0017164. (Tax Map No. 33-A-111) The Grantors hereby reserve an Easement of Possession for a time period beginning November 1, 2006 and ending the earlier of (i) the 50 year period ending October 31, 2056, or (ii) the date Grantor obtains a waiver from the Frederick County Subdivision Ordinance relating to the 1.2499 acre tract, a copy of the metes and bounds of which is attached hereto and by this reference made a part hereof as if set out in full (the "Easement of Possession"), and further reserve an easement of ingress and egress to access the said 1.2499 acre tract from the driveway extending westward from Martinsburg Pike over the easternmost portion of the 17.0954 acre tract, as described by metes and bounds, likewise attached hereto. Both the Easement of Possession over the 1.2499 acre tract and the easement of ingress and egress to the 1.2499 acre tract set forth herein Page 1 of 3 id are subject to the conditions and agreements set forth in that certain Second Amendment to Real Estate Contract dated October 25, 2006, which provides for earlier termination than that term set forth herein above and which Second Amendment and all provisions thereof, shall survive the conveyance of the 18.3453 acres described in this Deed. The aforesaid Easement of Possession is shown on the Easement Plat dated October 27, 2006 drawn by Richard A. Edens, Land Surveyor, (the `Basement Plat") and which is attached hereto and by this reference made a part hereof as if set out in full. Further, the Grantor reserves a certain 20-foot-wide sanitary sewer easement over the southeastern portion of the 17.0954 acre tract for the benefit of the 1.2499 acre tract, as shown on the Easement Plat. Within the 1.2499 acre tract, there is set aside along the southern boundary of the aforesaid Easement of Possession a variable width drainage and storm water management easement for the benefit of the land lying within the 17.0954 acre tract, which easement is shown as "Drainage and Stonnwater Management Easement' on the Easement Plat attached hereto. Further, the Grantors do hereby grant and convey unto the Grantee those two (2) certain 30-foot-wide non-exclusive drainage easements lying to the west of the 18.3453 acre tract and which easements are for the benefit of the 17.0954 acre tract. Said 30 foot drainage easements appear of record in the aforesaid plat drawn by Richard A. Edens, L.S., dated June 13, 2006, revised August 31, 2006 (sheet 3 of 6) attached as a part of Instrument No. 06-0018810. The Grantors do further grant unto the Grantee, a non-exclusive appurtenant easement, 20 feet in width, for sanitary sewer over the adjacent tract of land containing 32.1181 acres (designated "Tax Parcel No. 43-A-99 on die tax records of Frederick County), and which easement runs -generally from the southwestern comer of the property conveyed herein to the existing sewer main which lies west of the land herein conveyed to the Grantee, and which 20 foot sanitary easement is shown on the plat drawn by Richard A. Edens, L.S., dated June 13, 2006, revised August 21, 2006 (sheet 3 of 6), attached as a part of Instrument No. 06-0018810. Page 2 of 3 r- WITNESS the following signatures and seals. (SEAL) A00B. SCHROTH STATE OF VIRGINIA CITY OF WINCIIESTER, TO -WIT I,Aaje6uex_/Trc Idye%a61LI , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Ahn B. Schroth, C. Robert Solenberger and John S Scully, IV, whose names are signed to the foregoing DEED dated the .3/ LI-day of 2006, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 3/ day of _ D c7 obey , 2006. My Commission expires / — 3 / — do iD 1141 A R,"fo.d. LLC %A.VIKd to Coypu ood Feat LLC • W wyd NOTAR BLIC a Page 3 of 3 _.__....... .__..... ...._ _. co METES AND BOUNDS DESCRIPTIONS "Final Plat for Boundary Line Adjustment between the lands of C. Robert Solenberger, et als" dated June 13, 2006 and revised August 31, 2006 of record in the office of the Clerk of the Frederick County Circuit Court as Instrument No. 060018810, being a portion of the land conveyed to C. Robert Solenberger, John B. Schroth and John S. Scully, IV by deed dated August 4, 2004 of record in said Clerk's office as Instrument No. 040017164. The said land fronts the northwestern boundary of Martinsburg Pike (U.S, Route 11) about 0.65 mile northeast of the intersection with Interstate 81 at Exit 317 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: Proposed New Tax Parcel 43-A-ILIA Beginning at a %2" iron rebar found on curve in the northwestern boundary of Martinsburg Pike (U.S. Route 11), corner to Thomas E, Riddick, Jr., et ux; thence with said road boundary for the following two courses: 94.27' along the are of a curve to the left, having a radius of 11,499.20' and a chord bearing S 38°02150" W for a distance of 94.27', to a concrete highway monument found at the point of tangency;thence S 37048'44" W - 25.56' to a %2" iron rebar & cap set, a new corner to the Residue of Tax Parcel 43-A-I I I described below; thence along new division lines through the land of C. Robert Solenberger, et als and with said Residue of Tax Parcel 43-A-1 I I for the following five courses: S 85027'55" W - 36.38' to a %2" iron rebar & cap set; thence N 59026'50" W - 77.64' to a %2" iron rebar & cap set; thence N 64002'55" W-141.11' to a'/2" iron rebar & cap set; thence N 55045'55" W-100.30' to a W' iron rebar & cap set; thence N 39029150" E - 177.49' to a %2" iron rebar found, corner to Thomas E. Riddick, Jr., et ux; thence with Riddick, et ux S 54013'26" E - 337.48' to the beginning. Containing.......................................................................... 1.2499 Acres. Proposed Residue of Tax Parcel 43-A-111 Beginning at a ''/2" iron rebar found in the northwestern boundary of Martinsburg Pike (U.S. Route 11), corner to Scott E. Merryman, et ux; thence with Merryman, et ux for the following two courses: N 55045155" W - 339.60' to a 2" iron pipe found; thence S 38018'33" W-145,00' to a nail found in the base of a tree, in a line of Patricia S. Nethers; thence with Nethers for the following two courses: N 55045'55" W - 41.52' to a %2" iron rebar found; thence S 38001'07" W-135.00' to a %2" iron rebar found, corner to other land of C. Robert Solenberger, et als (Tax Parcel 43-A-99); thence with said other land of Soleberger, et als for the following five courses: File 2795J Sheet 1 of 2 CD N 54019'46" W - 881.28' to a %:" iron rebar found; thence N 42018'30" E - 302.27' to a W' iron rebar found; thence N 71006'49" E-194.41' to a %" iron rebar found at the point of curvature of a curve to the left;thence 383.80' along the are of said curve, having a radius of 500.00' and a chord bearing N 49°07'26" E for a distance of 374.441, to a''/2" iron rebar found at the point of tangency; thence N 27008'02" E - 69.59' to a %2" iron rebar found in a line of Dehaven Nursery, Inc.; thence with Dehaven Nursery, Inc. and then Charles S. Dehaven, et al, "Trustees S 54018'45" E - 738.67' to a %" iron rebar found, corner to Thomas E. Riddick, Jr., et ux; thence with Riddick, et ux S 38018133" W - 373.93' to a %" iron rebar found, corner to New "fax Parcel 43-A-1 I I A described above; thence along new division lines through the land of C. Robert Solenberger, et als and with said New Tax Parcel 43-A-111 A for the following five courses: S 39029150" W - 177.49' to a %" iron rebar & cap set; thence S 55045'55" E - 100.30' to a %" iron rebar & cap set; thence S 64002'55" E - 141.11' to a %" iron rebar & cap set; thence S 59026'50" E - 77.64' to a''/z" iron rebar & cap set; thence N 85027155" E - 36.38' to a %," iron rebar & cap set in the northwestern boundary of Martinsburg Pike (U.S. Route 11); thence with said road boundary S 37048144" W - 108.31' to the beginning. Containing.......................................................................... 17.0954 Acres. Surveyed........................................................................ September 7, 2006, File 2795J Sheet 2 of 2 pl� 0 � �T.M. 43-A-99 Ov 01NER LAND OF C. ROIBERT SOLENOD?GER, ET ALS MIST. No. 040017164 SEE 1W.. No. 060018610 SANITARY SEWER EASEMENT INST. No. 060018610 0 II w/ Es�omc °��1p--�I I II rry EDSON CO RA Lj DB 495 Pc 74 Cr o (NO WIDTH �) SPECIFIED) --_ 51.29 TAX PARCEL 43 A-111 18.3453 ACRES DOT -SHADED AREA 2 DENOTES A 20' 'SWNRY SEWER F.ASEUVVT HEREBY SEE SHEET 2 FOR DETAIL OF EASEMENT OF POSSESSION AND DPNANGE AND SWAT EASEMEM. 00 L9 - ---o U h li 0.65 MILE. TO INTERSTATE 81 EXIT 317 L6 C2 " I MARTINSBURG P/KE U.S ROUTE 11 .eIDIE` 80' R/w SEE SHEET J FOR UNE DATA, CURVE DATA AND EASEMENT LINE DATA N 200 0 200 GRAPHIC SOLE (IN FEET) EAS�NT PLAT Silt�iiNW^ A Pkq�tSED 21D' S�hl'T SEWER Ei15EMENT, AN EISEME7VT OF � AND A PAD AND SW fAZEff 0a pc uw of C. ROBERT SOLENSERGER, ET ALS STONEWALL A44GHSTERAL 0H5Wr,, IWO&ICK COUNTY, WKINA SCALE: 1" = 200' DATE: OCTOBER 27, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, �� In 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com TH O�y� 1 RICHARD A. EDENS 5.' No.002550 10 •Z7-04su 4. 0 2795J SHEET 1 OF 3 0 N TAX PARCEL 43 A-111 18.3453 ACRES 20 SWMY SEWER EASEMENT SEE SHEET 2 FOR DETAIL DOT—SH4DfD AREA DENOTES A VARL4EDCE WIDTH DRAMWK,E AA0 SIORMWATO? A9494GMYT EASE WENT hUERY ESTAEAUS! O. JA _ -- -o---- C4'_` I�1 � i I1 I SHED 1: E8 k I:� I DM2VNGEgla �_ 1.• '4'1 VARIQXE M7DIH C•::) EASEMENT OF ti W 1:' POISSESSM HEREBY I:..a ElO �1 E3 E11 E2 a 'lu 108, L6 E13 !t C2 ----- _---_-------_ MARTINSBURG P/KE U.S. ROUT 11 80' R/W 60 0 60 .d12IF SEE SHEET 3 FOR LINE LHTA, CURVE a4rA SC,4LGRAPHIC E AND EASEMENT LINE DATA (IN S EASEMENT PLAT Sh4GW A PROPOSED 20' SWARY SEW EkgMW,, AN E;4sWff OF ALTH Off, A25SMW AA49 A PlMW A2411i1X AW SW Ek%k <W oW? IhE L4M9 OF 0�4�' Dry C. ROBERT SOLENBERGER, ET ALS -,:O- � STONEWALL ANaWSW DlS MT, FROU CK COUNTY, WRG/NIA $ RICH iCfiD A. EDENS 5.4 SCALE; 1" = 60' 1 DATE: OCTOHER 27, 2006 No.002550 GREENWAY ENGINEERING to -z7—o(, 4. 151 Windy Hill Lane �0 Engineers Winchester, V is 22602 SUBS' Surveyors Telephone: (S40) 662-4185 FAX.- (540) 722-9528 Founded !n 1971 www.g)reenwayeng.com 2796J SHEET 2 OF 3 r11RW n dTA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING I CHORD LENGTH Cl 4X58'47 500.00 363.80' 201.91 N 49'07'26" E 1 374.44 C2 0028'11 " 11499.20 94.27 47.13' I S 38'02 50' W1 94.27' EASEMENT OF POSSESSION AND VARABLE WIDTH DRNNAGE AND STORMWATER MAMGEMENT LINF nATA FAS'Fi XAff I lNF 11ATd LINE BEARING DISTANCE L 1 N 42'18'30" E 302.27' L2 N 71'0649" £ 194.41' L3 N 27'08'02 E 69.59 L4 S 38'18'33" W 373.93 L5 S 54' 13'26' E 337.48' L6 S 37'4844' W 133.86' L7 N 554555' W 339.60' L8 S 38' 18'33" W 145.00 L9 N 5545'55 W 41.52 L10 S MO107" W 135,00' 20' SANITARY SEWER EASEMENT CENTERLINE DATA LINE I BEARING I DISTANCE El I N 54'15 47' E 1 359.81 LINE BEARING DISTANCE E2 S 8527 55' W 36.38 E3 N 59'26 50" W 77.64' E4 N 64'02 55' W 141.11 ' E5 N 55'45 55' W 100.30' E6 N 39 29'50' E 5.00' E7 S 5545 55 E 76.00' E8 S 63' 17 44' E 68.77' E9 S 73'4449' E 42.92' E10 S 59 26 50' E 65.93 Ell N 78'5231 Eg25.56' 7' E12 S 52'11'16' E E13 S 37'4844' WE14 N 39'2950" E9 AD T.M. 43—A-108 PATRICIA S. NETNERS WILL No. 010000120 © KM 43—A-109 SCOTT E. MERRYMAN, ET UX INST. No. 0JO016388 © T.M. 43—A-110 THOMAS E. RIDDICK, JR., ET UX INST. No. 02002287J © T.M. 43—A-113 CHARLES S DEHAVEN, ET UX, TRUSTEES INST. No. 060006327 NO CURRENT OWNER OF RECORD. C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, N — INST. No. 040017164 (SEE INST. No. 060018810). THE BOUNDARY INFORAUTION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE TRACT OR ANY PORTION OF THE BOUNDARY LINES EASEMENT PLAT P Mb A PROPC,t D� AMW M0 SW E�LSfl w olfR�L W OF TH °�,yf� C. ROBERT SOLENBERQER, ET ALS sTONEwAu "SUM ovsTRlcr, fREDER1W COUNTY, MQN14 $ RICHARD A. EDENS ►� SCALE: NIA DATE: OCfOHER 27, 2006 No.002550 GREENWAY ENGINEERINGtoz7-oc� �. 151 Mndy HiU Lane er Winchester, Kusinia 22602 SuSreyors RV�� Telephone: (540) 662-4185 AAX.• (540) 722-9528 Founded in 1971 www.greenwayeng.cbm 2795J SHEET 3 OF' 8 a �o VIRGINIA- FREDERICK COUNTY.SCT. This instrument of writing was produced to me on .LJOLJ, 3 and with certificate acknowledgement theretb annexed' was admitted to record. Tax imposed by Sec. 58.1-802 of 13�U�° and 58.1-801 have been aid if P assoeaz;ble, 4ae� , Clerk Untitled Page Page I of I I acdcrick I1umc F l-C(ICC1Ck COLIIA)' V Irginia LrFT.nr rltr Tor Pay/Lookup 'Faxes \ulc I the pi un kc.v tin yum bion.cr to pi iul a cope of Ih: ,�icen ;u ans• unu• Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCarl(0) Pin Options Change Email Deal Estate Ticket Detail 1 Previous 2014 REAL ESTATE Dept/Tickedl RE2014 / 8210000 Frequency I1 I Supplennentil 0� Name COWPERWOOD FEMA LLC _ ------ Mapil r43 A_ 111 ___ Account# 8632 Name 3 C/O HARDING & CARBONE-----] Bill Date 04/14/2014 Acreage 18.350 Address 3903 BELLAIRE BLVD Due Date I00I05/201� Inlprovenlents $32,681,600.00 HOUSTON TX - _— Dcsc I18.35 ACRES Land Value $1,288,900.00 Land Use S0.00 Zip 77025 1119 Minerals S0.00 Penalty Paid $0.00 Interest Paid S0.00 Last Transaction Date 05/22/2014 Current Payment Status Original Bill Payments Principle Balance Due Penalty Interest Balance Due S99,363.72 ($99,363.72) $0.00 S0.00 S0.00 $0.00 Transaction History Date Type Transaction# Amount 4/14/2014 Charge 0 $99,363.72 5/21/2014 Principle Paid 2,1437 ($99,363.72) Prov(ous Balance $99,363.72 $0.00 littps:Htaxes.co.fi-edei-ick.Va.Lls/applications/TR pavTaxes/REDetail.asDx 6/1 gon14 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Zoning Amendment Number PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering, Inc. Telephone: 540-6624185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: Cowperwood FEMA, LLC Telephone: 212-953-0007 Address: 375 Park Avenue, Suite 3701 New York, NY 10152 3. Contact person if other than above: Name: Evan Wyatt Telephone: 540-662-4185 4. Property Information: a. Property Identification Number(s): 43-A-111 b. Total acreage to be rezoned: 1.24 +/- acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 1.24 +1- acres d. Current zoning designation(s) and acreage(s) in each designation: M-1 District 16.53 +/- acres; RA District 1.81 +/- acres e. Proposed zoning designation(s) and acreage(s) in each designation: M-' Distnct 16.53 +r- acres; B-2 District 1.24 +/- acres; RA District 0.57 +/- acres f Magisterial District(s): Stonewall District 12 X TRA CoP�� 5. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Continents ✓ Plat I ✓ _ Pees _ ✓ Deed to properly _� ✓;_ Impact Analysis Statement ✓;_ Verification of taxes paid _� ✓ I_ Proffer Statement _i ✓ i_ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits _ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Cowperwood FEMA, LLC - Edward J. Sussi, Executive Vice President 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to Attached Adjoining Property Owner Map & Table 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, Using road naives and route numbers): The 1.24 +/- acre portion of Tax Map Parcel 43-A-111 proposed to be rezoned B-2 District has frontage on the west side of Martinsburg Pike (U.S. Route 11 North) and Is located approximately 0.6 miles north of Interstate 81 Exit 317. 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 1 existing Townhome: a Multi-Falnily: o Non -Residential Lots: o Mobile Home: o Hotel Rooms: o Square Footage of Proposed Uses Office: o Service Station: o Retail: 0 Manufacturing: 0 Restaurant: C) Warehouse: o Commercial: a Other: o 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning Ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County Officials to enter the property for site inspection purposes. I (we) understand that the Sign issued when this application is submitted must be placed at the front property line at least seven Clays 1)1'iOl- to the Planning CO111111iSSiOl1 pllbllc hearing and the Board of Supervisors public hearing and maintained so as to be visible fi'onl the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (Our) knowledge. Applicant(s): l,L . [ t Date: Date: Owner(s): Date: S it V164- .4%S/10gL-t— Date: 14 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Naine) Cowperwood FEMA, LLC (Phone) 212-953-0007 (Address) 375 Park Avenue, Suite 3701 New York, NY 10152 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060020794 oil Page 0186 Parcel- 111 Lot: 43 Block: A Section do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. , and is described as Subdivision: (Phone) 540-662.4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ,Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 0 day of 1� U_ , 2014--, Signature(s)�� ► C-W yo State of County of �EW ��D�K-. , To -wit: I, �k�lc I I E , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has ackno vledged the same before me in the jurisdiction aforesaid this $T—' day ofApRlL, 20 14 . - AA-__�� D�� My Commission Expires: 16 It L219-12.dl+ Notary Public COVVPERWOOD FEMA LLC PROPERTY ADJOINING PROPERTIES MAP Q � Zw W Z W c� w } w w w Q O 43 A 113 w U J Q LU O O Z z LLJ � a_ O d Z Z O w > Q O U \ 43 A 133 43 A 134 43 A 134B j Legend C.)wperwood FEMA LLC Property ® Approx Area To Be Rezoned Adjoining Property Parcel Boundary Feet 200 0 200 400 w } � m U o w Q Qz �_ Z o tn��o d W Q > I CD Q tY > rn Q Z a Z Z O � 3 o OLL N �CDOF- o w t1 Q U w O � O :5 Y O Z J U c Z Q Q� JL LL 0 w p w o a W v n 0 Z L o Q O U Cf)N N W W Q Q Map Data SourceFrederick County, Va GIS Department, November 2012 Data COWPERWOOD FEMA LLC PROPERTY ADJOINING PROPERTIES LISTING Tax Map Number Owner Address City & State ZIP 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601 43 A 108 NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603 43 A 109 MERRYMAN SCOTT E - MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 110 RIDDICK THOMAS E JR - RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112B DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134 WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134E jWWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 22604 Source: Frederick County GIS, December 2013 12/19/2013 �........... _.... ............ ......................... I ..................... s....... ........ ... -....... ........ _+........ .e.._.._._4......... .,...... RUTHERFORD LLC 07/02 1335 BS.540-662-0323 68-426/514 114 N CAMERON ST WINCHESTER, VA 22601-4745 ��vtP_1� ►�Rtc Pay to the (, I I y c cc' ti ' eo G CV1 c r �iC/ ( 1 �� I r.; _ llollars (� DIIA14CII BANNING AND TRUST COMPANY 1-000-BANK BUT BBT.com / L �� OI•---�_ U Z !%v1-G r %-� cl.. --� �C� �� S �' . nr li 1:05 L4042601:0005134 L7279P1110035 1 :................. _................:... .................. .......... I ......... ...s....... ,,....._.....-....,........._,_................ .:.a j................r, IMPACT ANALYSIS STATEMENT COWPERWOOD FEMA, LLC COMMERCIAL REZONING February 14, 2014 Tax Parcel # 43-A-111 (18.34± acres) Rezoning Portion of Parcel 1.24± acres Contact Person: ewyatt (a greenwayeng. com T:540.662.4185 C 540.974.2701 151 Windy Hill Lane Winchester, VA 22602 Evan Wyatt, AICP f, rvu"ro-i GREENWAY ENGINEERING Impact Analysis Statement February 14, 2014 COWPERWOOD FEMA, LLC REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 1.24± acre portion of Tax Parcel 43-A-I 11, owned by Cowperwood FEN/IA, LLC. Tax Parcel 43-A-1 1 1 is an 18.34± acre parcel, of which 16.53± acres is zoned M-1, Light Industrial District and 1.81± acres is zoned RA, Rural Areas District. Currently, the M-1 District portion of' the property is developed as an office facility that is under a long-term lease with FEN/IA, and the RA District portion of the property is developed as a single-family detached residence and also contains an access driveway leading to the gated portion of the office facility portion of the property. This access driveway is limited to delivery traffic and also serves as an emergency access. Cowperwood FEMA, LLC desires to rezone a 1.24± acre portion of the RA District acreage that is OutSidC Of the access driveway to the B-2, Business General District. Subsequent to approval of the B-2 District zoning, the property owner desires to subdivide the 1.24± portion of' the 18.34± property as a new tax parcel, which will contain the existing single family detached residence. Basic information Location: West side of' Martinsburg Pike (U.S. Route 11 North) approximately 0.6 miles north of Interstate 81 Exit 317. Magisterial District: Stonewall District Property ID Number: 43-A- I I 1 Current Zoning: M-1, Light Industrial District and IZA, Rural Areas District Current Use: FEMA Office and Single -Family Residence Proposed Use: No new land uses are proposed. The 1.24± acre B-2 District portion is proposed to be subdivided subsequent to the rezoning process. Proposed Zoning: 1.24± acre B-2 District portion of Tax Map Pat -cc] 43-A- I 11. Total Rezoning Area: 1.24± acres Greenway Engineering, Inc. 2 Project #2795J Impact Analysis Statement February 14, 2014 COMPREHENSIVE POLICY PLAN Sewer and Water Service Area Tax Parcel 43-A-I I I is C1.11'I'elitly located within the Sewer and Water Service Area (SWSA). Therefore, the rezoning of this property for commercial land Use IS appropriate based on current policy. The 1.24± acre subject property has access to public water and public sewer service. Therefore, the rcgUCSt to I'CZOne the Subject properties from RA, Rural Areas District to B-2, Business General District will not require the expansion of the SWSA or the extension of public water and sewer infrastructure to serve the subject properties. (Please refer to the UDA and SWSA Map Exhibit.) Northeast Frederick Land Use Plan Tax Parcel 43-A- I I 1 is a component of the Northeast Frederick Land Use Plan. This parcel is located along the Martinsburg Pike corridor, which is planned for future business land use. Therefore, the request to rezone the subject properties from RA, Rural Areas District to I3-2, Business General District is consistent with the future land use identified in the Comprehensive Policy Plan. SUITABILITY OF THE SITE Floodplains The 1.24± acre SUb_Ject property is located on FEMA NFIP Map #51069CO210D, dated September 2, 2009. The FEMA NFIP map identifies the subject properties as a Zone X — Area outside the 0.2% annual chance floodplain. Therefore, the proposed rezoning will not impact, existing floodplain areas. Wetlands The National Wetlands Inventory Map (NWI) does not identify wetlands on the 1.24± acre portion of the property that is proposed to be rezoned to the B-2 District. The NWI identifies the nearest wetland area approximately 1/3-mile north of the subject site; therefore, the proposed rezoning will not impact defined wetland areas. Steep Slopes The 1.24± acre subject property does not contain areas of steep slope. The subject property has gently sloping topographic relief that runs from a 690' elevation in the western portion of' the property to a 683' elevation in the eastern potion of the property, which results in an approximate slope of 5%. Therefore, the proposed rezoning will not impact steep slopes. Greenway Engineering, Inc. 3 Project ##2795J Impact Analysis Statement February 14, 2014 Mature Woodlands The 1.24± acre subject property is developed as a single-family detached residence and does not contain areas Of Mature Woodlands. Therefore, the proposed rezoning will not impact mature woodlands. Soil Types The Soil Survey of Fredrick County, published by the USDA Soil Conservation Service Was consulted to determine soil types contained in this tract. The subject site is located On map sheet Illllllber 24 and contains the following soil type: 513: Carbo Silt Loam 2-7% slope The USDA Soil Conservation Service identifies Carbo Silt Loam as prime agricultural soils in Table 5 — Prime Farmland Soils in the Soil Survey. The portion Of the subject property proposed for rezoning is developed as a single-family detached residence; therefore, no agricultural activities will occur on the property. Construction Conditions The USDA Soil Conservation Service identifies the Carbo Silt Loam as permeable soils with a high shrink -swell potential. Depth to bedrock, shrink swell, and permeability are identified as creating limitations for development. It should be noted that this soil type is prevalent within developed parcels in the vicinity of the portion of the subject site that is proposed to be rezoned. Lakes and Ponds The 1.24± acre subject property does not contain lakes or ponds. Therefore, the proposed rezoning will not impact these environmental features. Sinkholes There is no evidence of' sinkholes within the 1.24± acre portion of the property that is proposed to be rezoned. SURROUNDING PROPER`1'IRS Adjoining property zoning and and present use: North: Zoned RA, Rural Areas District Use: Residential Creenway Engineering, Inc. 4 Project #2795J Impact Analysis Statement February 14,2014 South: Zoned IZP Residential Performance District East: Zoned IZP Residential Performance District West: Zoned M-1, Light Industrial District TRAFFIC Use: Residential Use: Residential Use: Office & Unimproved The 1.24± acre portion of the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence. The remaining portion of Tax Map Parcel 43-A- I 1 1 is developed as a secured office and warehouse facility that is under a long-term lease agreement with FEMA. An access drive has been developed adjacent to the 1.24± acre Subject property, which is gated to the west and provides for delivery service and emergency service access to the FEMA office and warehouse facility. The existing single-family detached residence is the only land USC pei'1111ttCd to have ingress and egress over the access drive. Additionally, the Applicant's proffer statement limits the use of this property to the existing single-family detached residence. Therefore, the proposal to rezone the 1.24± acre portion of' the Cowperwood FEMA, LLC property will not create any additional traffic impacts to the Martinsburg Pike (U.S. Route 11 North) corriclor. As a result of these existing coIlditions, the County Transportation Director has advised that a traffic impact analysis statement is not required for this rezoning application. The Northeast Frederick Land Use Plan iclCrltifieS the ultimate condition of Martinsburg Pike as an Improved Minor Collector that will be a six lane divided roadway. Martinsburg Pike has a right -Of -Way width of 80 feet, of' which, there is 40 feet from the centerline to the frontage of the Subject property. Therefore, the Applicant's proffer statement provides for a 20-foot right-of-way cledication along the frontage of the subject property to accommodate the right-of-way needs for this future improvement. SEWAGE CONVEYANCE AND TREATMENT The 1.24± acre portion of' the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence that uses an existing septic system. The office facility on the Cowperwood FEMA, LLC property was developed With public sewer, and a sanitary sewer easement has been established that provides for the ability 1'01- Subject property to Connect to public sewer in the flltLll'e. The existing office facility was designed to direct Cfflucrlt through an 8-inch sewer line to the Hiatt RUII sewer pLllllp station located adjacent to the Winchester and Western Railroad. This pLllllp station Clil-CCIS CfflUellt to the OpeCIL1011 Wastewater Reclamation Facility, which has a flow capacity of 12.6 MGD. This regional pump station was sized accordingly to Greenway Engineering, Inc. 5 Project #2795J impact Analysis Statement February 14, 2014 accommodate the sewer needs of the subject site, as well as other land areas within this portion of the County. WATER SUPPLY The 1.24± acre portion of' the Cowperwood FEMA, LLC property that is proposed for rezoning is developed as a single-family detached residence that uses an existing well system. The office facility on the Cowperwood FEMA, LLC property was developed With public water, which established a tap on the existing 10" water transmission Mile that is located along Martinsburg Pike and constructed a 10" service line across the access drive that serves the subject property. The water service line has been looped to create adequate pressure and fire flow, which provides the ability 1'or the subject property to connect to public water in the future. DRAINAGE The topographic conditions of the 1.24± acre subject property direct stormwater from the high point in the western portion of the property to the low point in the eastern portion of the property adJaceilt to Martinsburg Pike. An existing drainage aIld stor►llwater management easement was established on the subject property during the development of the office facility. This area was improved to accommodate stormwater from the office faculty and the existing residence. Therefore, the proposed rezoning will not have an adverse impact regarding stormwater discharge froill the subject site that could impact adjoining properties or receiving systems. EMERGENCY SERVICES The 1.24± acre subject property is located approximately 3 Miles SOUth of the Clearbrook VOILInteer Fire and Rescue Station; therefore, response time from this facility to the existing residential dwelling Is withiil a reasonable response time. This is all existing Use; therefore, the proposed rezoning does not create any additional impacts to emergency services. SOLID WASTE DISPOSAL The impact on solid waste disposal Facilities can be proJected 1roill an average annual residential consumption ol' 5.4 cubic yards per household (Civil Engineering Reference Manual, 4t11 edition). The following figures demonstrate solid waste impacts from the existing residential dwelling on the subject property: AV = 5.4 Cu. Yd. per household AV = 5.4 Ctl. Yd. x 1 residential unit AV = 5.4 Cu. Yd. Greenway Engineering, Inc. 6 Project H2795J Impact Analysis Statement February 14, 2014 The impact oil solid waste associated with the existing residence is already calculated into the annual average solid waste assumptions for the Municipal Solid Waste area of the Regional Landfill, Which currently averages 200,000 tons per year. Therefore, there are no additional impacts to solid Waste disposal as a 1'CSlllt of this rezoning application. HISTORICAL SITES AND STRUCTURES The 1.24± acre subject property is located within the boundary of the Second Winchester Battlefield area designated by the National Park Service Civil war Sites in the Shenandoah Valley Report. However, this report does not identify the site as being located with a core battlefield area. Tax parcel 43-A-1 I 1 is completely developed, which includes an office facility, parking lots, and access drive, and a residence; therefore, there is 110 site integrity or historic value associated with this parcel. OTHER COMMUNITY FACILITIES Educational Facilities The proposed rezoning does not allow IOr new development in Conjunction with this proffer statement; therefore, this request will not create additional impacts to the Frederick County Public School system. Parks and Recreation The proposed rezoning does not allow for new development in conjunction with this proffer statement; therel'ore, this request will not create additional impacts to the Frederick County public park system. Emergency Services The 1.24± acre Subject property is located approximately 3 Miles SOLlth OI the Clearbrook Volunteer Fire and Rescue Station; therefore, response time from this facility to the existing residential dwelling is within a reasonable response time. The proposed rezoning does not allow for new dCVeloplllCllt ill C011JLIIlCtl0n With this proffer statement; therefore, this i'CgLICSt Will 110t Create additional impacts to emergency services. Libraries The proposed rezoning does not allow for new development in conjunction with this proffer statement; therefore, this request will not create additional impacts to the Frederick County library system. Greenway Engineering, Inc. 7 Project #2795J Impact Analysis Statement February 14, 2014 Local Government The proposed rezoning does not allow for new development in conlunct►on with this proffer statement; therefore, this requCst will not create additional impacts to other services provided by Frederick County. Greenway Engineering, Inc. 8 Project #027951 I COWPERWOOD FEMA LLC PROPERTY AERIAL OVERVIEW Q z ♦ Zw W z K{ W c� 40,r g Cr w .tea 0 LIJ z Cf- LLJ w O p J i � li N Lij 3: Q Lij • ., Y �' `may � t !c1 vt' w t � o } 1 m LU Q Z w ~ Z tl L — U AA ° � o Legend a w g > ✓ fir. Cowperwood FEMA LLC Property Q Z w Z N Z > D o Approx Area To Be Rezoned o � Q w r� tfir ' Parcol Boundary v o Q Q a - -- - < w o w w 0 0 tl Z w Feet 0 o L • % O C'V C r U U) N 200 0 200 400 w w Map Data Source Frederick County. Va GIS Department, November 2012 Data, Aerial Photo from 2010 COWPERWOOD FEMA LLC PROPERTY LOCATION and ZONING MAP QZ �f, SITE ' A Z w LV Z LLJ 6 OC Z', � r^w a� V as �o Go` i F- W/NCHESTER � Q > LOCATION MAP d O U Z J Z O Q Z u_ NN CCU x Z O O O � U W d O O U Legend U Cowperwood FEMA LLC Property w 3 ® Approx Area To Be Rezoned } Parcel Boundary U o Frederick County Zoning w Q � Z Fn 0 Ui B2 (Business, General Distrist) o � o V Z Q > M1 (Industrial, Light District) O Z x >; 0) J Z O w N M2 (Industrial, General District) Z ry U) D ci UJ RA (Rural Area District) `� rj m Q OU w O Of Z Y -, RP (Residential, Performance District) O O J v x Q Q w a t1 0 ww U :-> N O Z w v r Feet o O w N c �- U N _ 200 0 200 400 N w Q Q o Map Dat.r SuWce Frertw I_, �,uo•�ly. Va GIS Department, Novernber 2012 Data . N'F + ti ■ ■ ■ • �.•�'' COWPERWOOD FEMA LLC PROPERTY ' SWSA MAP ,• i .• .. , \ . co44/ �I z �I Zw w W z LW U w V • LU O \ ■ ���� a • U c3 Q Z a Q p,° G� 2i Z �••.�� SpE SWSA ifo ui INSIDE man -..J 3: S wSA w a_ O w 0 Legend U r o v Cowperwood FEMA LLC Property Z — ® Approx Area To Be Rezoned a cn o �Q y Parcel Boundary J o_ g � > \ate o ®....� Sewer Water Service Area a g Z Z < LU U) o Water Line o Q 2 OU w /i Sewer Line p O cn J Y v O x W a LL c Feet w o w Z o o w or\°� 4s ■ U LLL N / ce 200 0 200 400 \ ��a° o �> Map L).fla Soured Frederick County. Va GIS Department. November 2012 Data, FCSA 2014 w Q Z f w x Zw w `� z W c� �Z �7 W LU LU Q a 2 O W C.If w a U � J Q Q Z W g Z L` w O Q LL N � p w Z p w O 2 Z Of O w > Z O w U ® Approx Area To Be Rezoned LU o Parcel Boundary v r o Lake or Pond , w < Q Z Wetland O w o Z (D CO 0 100 Year Floodplain > Stream < Ur Q Ii rn N 5 Fo,)t Intermediate Contour LL� z Q U) Q O U o �65U 25 Foot Index Contour p W Z w U w 0 d Z LL w a o W Z 0 w 0 - - Feet C40 � z of o � N _ 0 400 800 w w o <> Map Data Source Frederick County. Va GIS Department. Novernber 2012 Data COWPERWOOD FEMA LLC PROPERTY SOILS MAP Leaend � j Cowperwood FEMA LLC Property ® Approx Area To Be Rezoned Parcel Boundary 14B, FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES 32B, OAKLET SILT LOAM, 2 TO 7 PERCENT SLOPES 5B, CARBO SILT LOAM, 2 TO 7 PERCENT SLOPES 6C, CARBO-OAKLET SILT LOAMS, VERY ROCKY, 2 TO 15 PERCFNT SLOPES w 0- 0 x a_ U J O n Q Z Q 2 z 2 LwL O J w O O O GY w a_ O U w 3 0 m U o Q Z w �- Z c) 0 0 Lui tl Q > J Z Q w Z J) � o O� N C< O F w U w O Y O J U O c Q a u_ LJ o w w p N a Z w � � o t O O LL N L U U) N N f w t" a n M1tap Data Source Frederick County, Ve. GIS Department, November 2012 Data a COWPERWOOD FEMA LLC PROPERTY HISTORIC FEATURES MAP Q � \ — Zw Ww Z / LV z � W Stephensons Depot Battlefield i w a a O Q � g a U LU w J Z_ Of Z) 2 Z Q o` w O w oc� u_ N tL G p LaLl U O 0 O CO w = a O w 3 0 Legend m U w Cowperwood FEMA LLC Property x a - 0 a° ® Approx Area To Be Rezoned o 2 o cD o Parcel Boundary \ 34-727 Rutherford's Farm ry U � R o U AshRural Landmark M Z Q 0 j o Civil War Battlefield o W W a� J S.ephensons Depot 0 0 Q C o a — a LL °Cy0 �� w o W = Z W c n G nor`° Feet o o U- N Ogg l 0a�Cum ��c 500 0 500 1,000 w w Q Q Map Data Source: Frederldc County, Va. GIS Department, November 2012 Data Greenway linginecring Pebmary 14, 2014 Cowperwood HNA, LLC Rezoning Revised June 17, 2014 COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) District to Business General (132) District with Proffers PROPERTY: 1.24± acre portion of 18.34± acre parcel Tax Parcel 43-A-I I I RECORD OWNER: Cowperwood FEMA, LLC APPLICANT: Cowperwood FEMA, LLC (here -in after the "Owner") PROJECT NAME: Cowperwood FEMA, LLC Commercial Property ORIGINAL DATE OF PROFFERS: February 14, 2014 REVISION DATE: June 17, 2014 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 1.24±-acres of Rural Areas (RA) District to 1.24±-acres of Business General (132) District with proffers; development of the subject property ("Property") shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning Is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any successors, or assigns of the Owner. The Property, identified as Cowperwood FEMA, LLC Commercial Property and more particularly described as the land owned by Cowperwood FEMA, LLC., being a 1.24± acre portion of Tax Map Parcel 43-A-I 11 (tax parcel 43-A-I I I acquired as Instrument No. 0600020794), as shown on the plat titled Rezoning Exhibit, by Richard A. Edens dated December 17, 2013. Pile #2795J/13A W Greenway Engineering February 14, 2014 Cowperwood I1:MA, LLC Rezoning Revised June 17, 2014 COWPERWOOD FEMA, LLC COMMERCIAL PROPERTY PROFFER STATEMENT A. Land Use 1) The Owner hereby proffers to limit development of [lie Property to the existing single-family detached dwelling. This proffer allows for the expansion and/or repair of the existing single-family dwelling in accordance with all applicable state and local requirements provided that the structure remains as a single-family detached dwelling. B. Transportation 1) The Owner hereby proffers to dedicate a right-of-way area along the frontage of the Property that is 20' in width for the future widening of Martinsburg Pike (U.S. Route 11 North). The Owner will dedicate the 20'-wide right-of-way to VDOT at such time that it is requested by VDOT or Frederick County in writing for the Martinsburg Pike widening project. 2) The Owner hereby proffers to utilize the existing access drive located on tax parcel 43-A-111 for the existing single-family detached dwelling for access to the public street system, and proffers to restrict additional connections to Martinsburg Pike along the frontage of the Property. OWNER NOTARIZED SIGNATURES ON FOLLOWING PAGES Nile 112795YE'AW 2 ' f r Greenway Engineering Signature February 14, 2014 Cowperwood IfiMA, 1_I_C Rezoning Revised June 17, 2014 The conditions proffered above shall be binding upon the successors and assigns of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Cowperwood FEMA, LLC Edward J. SLISSi, Executive Vice President State of New York, C1ty/COunty Of New TO P-'1L To Wit: Date The foregoing instrument was acknowledged before me this liq day of J vwc-- 2014- by GO NA C,Xr_zV7-11/E V lL Notary Public NANETTE BRANNIGAN My Commission Expires 06T66ew—2�,, 20 14 Notary Public, State of New York No. 31-4875068 Qualified in New York County Term Expires October 27, 201: - File #2795YEAw 3 CURVE DATA CURVE I DELTA ANGLU RADIUS I ARC LENGTH I TANGENT I CHORD BEARING CHORD LENGTH C 1 1 00'28' 11 " 11, 499.20' 94.27' 1 47.13' I S 38'02'50" W 94.27' 10 TAX PARCEL 43—A —111 18.3453 ACRES (TOTAL) 0 COWPERWOOD FEMA, LLC INST No 060020794 16.53 ACRESf PORTION TO REMAIN ZONED M 1 ZONE M 1 ZONE. M 1 ZONE.. RP o ZONE. RA N 55'4555' 100.30' z�z N N O � zs � W 3929'S0" E 177.49'---__.___o -- E_ M1 ZONE.• i I _ DWELLING j J #2015 t\ W SHED o o I Z N 64'02'55" W Q�� • 3i V ��� 141.11' o�W � "2 z o N Z O � O i 2 2 NN S 374844" W 1.2499 ��- PORTION REZONED N 59 26'S0' ��- 77.64' 'W oc �Qc W � Q i � Z2 LQi i; z z o� ACRES N � � *o z TO BEn TO B2 z W N i i S 85'2755" W 36.38' �25.56' 133.86'o C1 MARTINSBURG PIKE US. ROUTE 11 NOTE 80' R/W THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY LINES. 0.32 MILE;:,7� TO ROUTE 8 McCANNS RD. 60 0 60 GRAPHIC SCALE (IN FEET) REZONING EXHIBIT SHOWING A PORTION OF THE LAND OF CO WPERWOOD FEMA, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINM SCALE: 1" = 60' 1 DATE: DECEMBER 17, 2013 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 EAX.• (540) 722-9528 Founded in 1971 www.greenwayeng.com 1�� p,LTH 0� f RICHARD A. EDENS Lic. No. 2550 2795J SHEET 1 OF 1 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney CO. Administration Bldg., 3`d Floor 107 North Kent Street. Winchester, Virginia 22601 (540)665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., 3r`r Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as, accurately as possible in order to assist the County. Alton y';s olfce.,Wt1`t eiz;'cevv,:.;z:n ca oai. o lociif of . . hp.. . ...........x»?s:........ l., r ntsip;':pkofft i. u Applicant's Natne: Greenway Engineering, Inc. Telephone: 540-662-4185 Mailing Address: 161 Windy Hill Lane Winchester, VA 22602 Location of property: West side of Martinsburg Pike (U.S. Route 11 North) approximately 0.6 miles north of Interstate 81 Exit 317 Current zoning: M-1 & RA Zoning requested: M-1: RA & a2 Acreage: 1.24+/- 132 County Attorney's Comments: 4 E'o erAk192j jf j,q a, wv"'M I° tr7.eu�" �21.y1.�!>1�, J� �"!�?z. �r"P,�erld. 6.wr? Log14 Q+rrtM0nct! 4,0) -f`NCf 649S R ,,I County Attorney Signature & Date: 0 Rod.611-Ir- Notice -to County Attorney - Please Return This corn► to the Applicant z Evan Wyatt From: Mike Ruddy <mruddy@fcva.us> Sent: Friday, May 16, 2014 3:50 PM To: Evan Wyatt Cc: John Bishop Subject: Cowperwood FEMA, LLC Rezoning Good afternoon Evan. Staff has had the opportunity to review the Cowperwood FEMA, LLC Rezoning application submitted to our office. This is 1.24 acre commercial 132 rezoning request represents a portion of the larger 18.34 acre parcel identified with PIN 43-A- 111. The balance of the property retains its current zoning, 16.53 acres of M1 District and 0.57 acres of RA District. One item in the Proffer Statement, Transportation Proffer B. 1), should be modified to include Frederick County as an entity (along with VDOT) that may request in writing that the owner dedicate the 20'- wide right-of-way to VDOT for the Martinsburg Pike widening project, We look forward to the official submission of this rezoning application. Sincerely. Mike. Michael T. Ruddy, AICP Deputy Director, Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)665-5651 mruddv@fcva.us www.fcva.us/planning 060020794 co THIS DEED made and dated this 31" day of October, 2006, by and between JOHN B. .�q SCHROTH, C. ROBERT SOLENBERGER and JOHN S. SCULLY, IV parties of the first part, hereinafter called the Grantors, and COWPERWOOD FEMA. LLC, a Virginia limited tv� liability company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey to the Grantee in fee simple absolute, with v GENERAL WARRANTY of title, all of that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 18.3453 acres, and more 8� M particularly described on that certain Final Plat for Boundary Line Adjustment drawn by zRichard A. Edens, L.S., dated June 13, 2006, revised August 31, 2006, of record in the Clerk's X Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 06-0018810, and by d. this reference made a part hereof as if set out in full and described by metes and bounds attached hereto and by this reference made a part hereof as if set out in full; AND BEING a portion of the same land conveyed to C. Robert Solenberger, John B. Schroth and John S. Scully, IV, by Deed dated August 24, 2004, of record in the aforesaid Clerk's Office as Instrument No. 04-0017164. ri (Tax Map No. 33-A-111) The Grantors hereby reserve an Easement of Possession for a time period beginning November 1, 2006 and ending the earlier of (i) the 50 year period ending October 31, 2056, or (ii) Q the date Grantor obtains a waiver from the Frederick County Subdivision Ordinance relating to the o � 1,2499 acre tract, a copy of the metes and bounds of which is attached hereto and by this reference �-ti fi made a part hereof as if set out in full (the "Easement of Possession"), and further reserve an L <Oo5 w° easement of ingress and egress to access the said 1.2499 acre tract from the driveway extending w� westward from Martinsburg Pike over the easternmost portion of the 17.0954 acre tract, as described by metes and bounds, likewise attached hereto. Both the Easement of Possession over the 1.2499 acre tract and the easement of ingress and egress to the 1.2499 acre tract set forth herein Page 1 of 3 are subject to the conditions and agreements set forth in that certain Second Amendment to Real Estate Contract dated October 25, 2006, which provides for earlier termination than that term set forth herein above and which Second Amendment and all provisions thereof, shall survive the conveyance of the 18.3453 acres described in this Deed. The aforesaid Easement of Possession is shown on the Easement Plat dated October 27, 2006 drawn by Richard A. Edens, Land Surveyor, (the "Easement Plat") and which is attached hereto and by this reference made a part hereof as if set out in full. Further, the Grantor reserves a certain 20-foot-wide sanitary sewer easement over the southeastern portion of the 17.0954 acre tract for the benefit of the 1.2499 acre tract, as shown on the Easement Plat. Within the 1.2499 acre tract, there is set aside along the southern boundary of the aforesaid Easement of Possession a variable width drainage and storm water management easement for the benefit of the land lying within the 17.0954 acre tract, which easement is shown as "Drainage and Stonnwater Management Easement" on the Easement Plat attached hereto. Further, the Grantors do hereby grant and convey unto the Grantee those two (2) certain 30-foot-wide non-exclusive drainage easements lying to the west of the 18.3453 acre tract and which easements are for the benefit of the 17.0954 acre tract. Said 30 foot drainage easements appear of record in the aforesaid plat drawn by Richard A. Edens, L.S., dated June 13, 2006, revised August 31, 2006 (sheet 3 of 6) attached as a part of Instrument No. 06-0018810. The Grantors do further grant unto the Grantee, a non-exclusive appurtenant easement, 20 feet in width, for sanitary sewer over the adjacent tract of land containing 32.1181 acres (designated Tax Parcel No. 43-A-99 on the tax records of Frederick County), and which easement runs -generally from the southwestern corner of the property conveyed herein to the existing sewer main which lies west of the land herein conveyed to the Grantee, and which 20 foot sanitary easement is shown on the plat drawn by Richard A. Edens, L.S., dated June 13, 2006, revised August 21, 2006 (sheet 3 of 6), attached as a part of Instrument No. 06-0018810. Page 2 of 3 WITNESS the following signatures and seals. (SEAL) OHN B. SCHROTH STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT l>1rla_R6ue1:-V7i4 C , IdVe�QUt/ a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify than B. Schroth, C. Robert Solenberger and John I Scully, IV, whose names are signed to the foregoing DEED dated the 3/ L"day of I/) Lt P , 2006, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -3/ sf day of 0 e_ 'A-o (z— 2006. My Commission expires / — 3 / — o iD 11116A RwAwfo�d, LLC %A Uk[d to C-p—d F— LLC • A "d Al NOTAR LIC V f Z•••C�•'. ;;� c I v •. a Page 3 of 3 O CO 11-0 METES AND BOUNDS DESCRIPTIONS "Final Plat for Boundary Line Adjustment between the lands of C. Robert Solenberger, et als" dated June 13, 2006 and revised August 31, 2006 of record in the office of the Clerk of the Frederick County Circuit Court as Instrument No. 060018810, being a portion of the land conveyed to C. Robert Solenberger, John B. Schroth and John S. Scully, IV by deed dated August 4, 2004 of record in said Clerk's office as Instrument No. 040017164. The said land fronts the northwestern boundary of Martinsburg Pike (U.S. Route 11) about 0.65 mile northeast of the intersection with Interstate 81 at Exit 317 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: Proposed New Tax Parcel 43-A-111A Beginning at a %2" iron rebar found on curve in the northwestern boundary of Martinsburg Pike (U.S. Route 11), corner to Thomas E. Riddick, Jr., et ux; thence with said road boundary for the following two courses: 94.27' along the arc of a curve to the left, having a radius of 11,499.20' and a chord bearing S 38102150" W for a distance of 94.27', to a concrete highway monument found at the point of tangency;thence S 37048144" W - 25.56' to a %2" iron rebar & cap set, a new corner to the Residue of Tax Parcel 43-A-1 I described below; thence along new division lines through the land of C. Robert Solenberger, et als and with said Residue of Tax Parcel 43-A-1 I I for the following five courses: S 85027'55" W - 36.38' to a %2" iron rebar & cap set; thence N 59026'50" W - 77.64' to a %2" iron rebar & cap set; thence N 64002'55" W-141.11' to a''/2" iron rebar & cap set; thence N 5504555" W-100.30' to a %2" iron rebar & cap set; thence N 39029'50" E - 177.49' to a %2" iron rebar found, corner to Thomas E. Riddick, Jr., et ux; thence with Riddick, et ux S 54013'26" E - 337.48' to the beginning. Containing.......................................................................... 1.2499 Acres. Proposed Residue of Tax Parcel 43-A-111 Beginning at a ''/2" iron rebar found in the northwestern boundary of Martinsburg Pike (U.S. Route 11), corner to Scott E. Merryman, et ux; thence with Merryman, et ux for the following two courses: N 55045155" W - 339.60' to a 2" iron pipe found; thence S 38018'33" W - 145.00' to a nail found in the base of a tree, in a line of Patricia S. Nethers; thence with Nethers for the following two courses: N 55045'55" W - 41,52' to a %2" iron rebar found; thence S 38001'07" W-135,00' to a %2" iron rebar found, corner to other land of C. Robert Solenberger, et als (Tax Parcel 43-A-99); thence with said other land of Soleberger, et als for the following five courses: File 2795J Sheet 1 of 2 CD 0 N 54019'46" W - 881.28' to a %2" iron rebar found; thence N 42018'30" E - 302.27' to a %2" iron rebar found; thence N 71006'49" E-194.41' to a W' iron rebar found at the point of curvature of a curve to the left; thence 383.80' along the arc of said curve, having a radius of 500.00' and a chord bearing N 49°07'26" E for a distance of 374.441, to a %2" iron rebar found at the point of tangency; thence N 27008'02" E - 69.59' to a %2" iron rebar found in a line of Dehaven Nursery, Inc.; thence with Dehaven Nursery, Inc, and then Charles S. Dehaven, et al, Trustees S 54018'45" E - 738.67' to a %2" iron rebar found, corner to Thornas E. Riddick, Jr., et ux; thence with Riddick, et ux S 38018'33" W - 373.93' to a %2" iron rebar found, corner to New "fax Parcel 43-A-11 IA described above; thence along new division lines through the land of C. Robert Solenberger, et als and with said New Tax Parcel 43-A-11 IA for the following five courses: S 39029'50" W - 177.49' to a %2" iron rebar & cap set; thence S 55045155" E - 100,30' to a %2" iron rebar & cap set; thence S 64002'55" E-141.11' to a %2" iron rebar & cap set; thence S 59026'50" E - 77.64' to a W' iron rebar & cap set; thence N 85027155" E - 36.38' to a %2" iron rebar & cap set in the northwestern boundary of Martinsburg Pike (U.S. Route 11); thence with said road boundary S 37048144" W-108.31' to the beginning. Containing.......................................................................... 17.0954 Acres. Surveyed........................................................................ September 7, 2006, File 2795J Sheet 2 of 2 000 �S 10 Qrp1�' T.M. 43—A-99 OTHER LM10 OF C. ROBERT SOLENBERGER, ET AL5 NVST. No. 040017164 SEE INST. No. 060018810 Y / 20' SANlTi1RY SEWER EASEAfENT << INST. No. 060018810 ,0- I I ---- K I � o o HEAD UAUTY 0�0— ►7 I wr ES - POTOMAC I I a A JSON CO. R/W C� D8 495 PG 74 --.-oLx (NO W10TH SPECIRED) TAX PARCEL 43 A-111 18.3453 ACRES DOT-SH40ED AREA DENOTES A 20' SANITARY SEWER EASEA/ENT HEREBY RESERVPD. SEE SHEET 2 FOR DETAIL OF E1 EASEMENT OF POSSESSION AND DRAINAGE AND .SWAT EASEMENT: h r\ � �l I� I lag MARTINSBURG P/KE U.S. ROUTE 11 ME 80' R/W SEE SHEET 3 FOR UNE MTA, CURVE' a4TA AND EASEMEW UNE DATA. 51.29t 00 N a 65 wa TO INTERSTATE 81 EXIT 317 0 .0o 41 0 200 0 200 GRAPHIC SCALE (IN FEET) ESEYeNT PLAT 9"M1� A PROPOSED 20' SWAff( SE71ER Migff,, AN EAS�,IlENT OF p,LTH Otte �1 EAAND A AWW WAW Ah0 SW Ek%WarT ORR jw L4w of G. ROBERT SOLENBERGER, ET ALS STONEWALL 94GIS UW Ol Wr,, FROOrK COUNTY, WRGINN v RI HARD A. EDENS J� SCALE: i" = 200' j DATE: OCTOBER 27, 2006 No.002550 GREEWWAY ENGINEERING 10 -Z7-04 151 Windy Hill Lane Sunk ors Winchester, Virginia 22602 Yr� SURD e 7'elephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2795J SHEET 1 OF 3 0 rm 4;- TAX PARCEL 43 A-111 18.3453 ACRES / jC3( SE SHEET 2 Sf*MFOR EASEMENT // � SEE SHEET 2 FOR RETAIL DOT—SINAED AREA DiEWTES A YARME WADIH DRNAWX AAV VORAIWATD? 91 IVT EASnNENT IVREHY ESTAB I&W. £14 y ----o I•] � I•C I: SHED � 1' E8 DWELUNG J 0 < g VARL48LE WDTH EASEMENT OFPOSSESSM ,,�� o RESERH�n �W y ti C:::-rlE10 E3 1E11 W 08.31 LB E13 CZ a— MARTINSBURG PIKE U.S ROUTE 11 SO- RIW 60 0 60 Avg SEE SHEET 3 FOR UN£ DATA, CURVE DATA GRAPHIC SCALE AND EASEME7VT LINE DATA (1N FEET) EASEMENT PLAT 9 MtM^ A PROPOSED 20' SWARY 2ME74 E4S aff,, AN E4SF. W OF POSSESSiM NLTH pay, A V A HE'D MWGiE• AND SW EAZWEM oHq? 7W LAND OF C. ROBERT SOLENBERGER, ET ALS-���� �x Sl0iNE1f'ALL A4CGISTERL�[ Dl57R�CT, fREDEl4M.K COMM,NkG/NN RICHE A. &DENS N0.002550 SCALE: i" - 60' DATE: OCTOHER 27, 2006 GREENWAY ENGINEERING 151 windy HUI Lane Engineers wuwhesler, V►'�g�nia 22602 Surveyors j� O $UR Telephone: (540) 662-4185 FAX(540) 722-9528 Founded in 1971 www.greenwayeng.com 9795J SHEET 2 OF 3 011PU r ne re CURVE DEL M ANGLE RAD/US ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 43'58'47' S00.00 383.80' 201.91 N 49'07'26" E 374.44 C2 00*28'11 " 11499.20 94.27 47.13' S 38'02 50' W 94.27' EASEMENT OF POSSESSION AND VARABLE WIDTH DRAINAGE AND STORMWATER MAM4GEMENT LINE DATA FASFAXAfT llNF 114TA LINE BEARING DISTANCE L 1 N 42'18'30" £ 302.27' L2 N 71'0649' E 194.41' L3 N 2706'02' E 69.59 L4 S 38'18'33" W 373.93 L5 S 54'13'26" E 33748' L6 S 37'48'44" W 133.86' L7 N 55'4555' W 339.60' L8 S 38'18'33" W 145.00 L9 N 55'4555' W 41.52 L 10 S 38'01 '07" W 135.00' 20' SAMTARY SEWER EASEMENT CENTERLINE DATA LINE BEARING DISTANCE Ef N 54' 15 47" E 359.81 LINE I BEARING DISTANCE E2 S 852755 W J6.38 E3 N 59 26'50' W 77.64' E4 N 64'02 55' W 141.11 ' E5 N 55.45 55' W 100.30 E6 N 3929'50" E 5.00' E7 S 5545 55 E 76.00' E8 S 63'17 44' E 68.77' E9 S 73'4449' E 42.92' E10 S 59 26 50' E 85.93 Ell N 785231 E 66.77' E12 S 52*11'16' E 49.44' E13 S 3748'44' W 25.56' E14 N 39'29'50" E 172.49 AO T.M. 43—A-108 PATRICIA S NETHERS WILL No. 010000120 lDJ T M. 43—A-109 SCOTT E. MERRYMAN, ET UX INST. No. 0JO016386 © T.M. 43—A-110 THOMAS E. RIDD/CK, JR., ET UK /NST. No. 020022873 @D T.M. 43—A-1 l3 CFARLES S DEHAWWN, ET UX, TRUSTEES /NST. No. 060006327 NO CURRENT OWNER OF RECORD. C. ROBERT SOLENBERGER, JOHN B. SCHR07H AND JOHN S. SCULLY,, IV — INST. No. 040017164 (SEE INST. No. 060018810). THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM ,AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE TRACT OR ANY PORTION OF THE BOUNDARY LINES, EASEMENT PLAT k"" PRO10SED 20' SWARY 5£MER EASEMDVT, AN FA.SEI�IVT OF �p i,TH AV A P15�OI M A4MiKME AND SNP/ EASfmw 01�R 7W LAA19 OF BERT SOLENBERQER, ET ALS LL U4Q5IERNL DISTRICT; FREDERI X COUNT}; WfiVNN RICHARD A. EDENS LE: NIA DATE: OCTOBER 27, 2006 No.002550 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers1-1-v � iinchester, VuSinia 22602 `' ,$'jj�jVf'� Telephone: (540) 662-4185 Foundcd In 1991 PA' (540) 722-9528 www.greenwayeng.com 2796J SHEET 3 or 8 C) l.O 47- VIRGINIA:17REDERICK COUNTY.SCI; This instrument of writing was produced to me on o00 (o at and with certificate theretb annexed was admitted to record. Tax imposed by Sec, 58.1-802 of $)3 U and 58.1-8olhave been aid if P asscatabla, Cleric Untitled Page Page 1 of 1 1'rcderick COUllt)' Virginia LIFFArT-,trTo£ Pay/Lookulp 'faxes Notc I the pant key liri your him%,cr to pout ❑ agry of the ,:rccn w nm InnC Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Deal Estate Ticket Detail 1 rovions 2014 REAL ESTATE Dept/Ticked/ RE2014 / 82100001 Frequency �1 Supplement l Oa Nance COVVPEf VECI D FEMA LLC _ -] Map# 43 A 111 Accourttt 8632 Name 2 C/O HARDING & CARBONE Bill Dale 04/14/20141 Acreage 18.350 Address 3903 BELLAIRE BLVD Duc Date r061051201� Improvements S32,681,600.00 HOUSTON TX _� Desc (18.35 ACRES Land Value S1,288,900.00 Land Use S0.00 Zip 77025 1119 Minerals So.00 Penalty Paid S0.00 Interest Paid $0.00 Last Transaction Date 05122/2014 Currcnl I'aymenl Status Original Bill Payments Principle Balance Due Penally Interest Balance Due S99,363.72 ($99,363.72) $0.00 S0.00 S0.00 S0.00 Transaction history Date Type Transaclionll Amount Balance 4/14/2014 Charge 0 $99,363.72 $99,363.72 5/21/2014 Principle Paid 24437 ($99,363.72) S0.00 Lrovlous littps:Htaxes.co.f-edei•ick.va.tis/applications/TR pavTaxes/REDetail.asDx 6/19/?.O14 COWPERWOOD FEMA LLC PROPERTY To: Barbara -Data Processing From: Pam -Planning Dept. Please print `i sets of labels by 14 Thanks! Tax Map Number Owner Address City & State ZIP 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601 43 A 108 NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603 43 A 109 MERRYMAN SCOTT E - MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 110 RIDDICK THOMAS E 1R - RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112B DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 1226031 43 A 134 WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 1 22603 43 A 134B WWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 1226041 1&1/))P_r 'V�i C/ W,L-N 'J l Source: Frederick County GIS, December 2013 COWPERWOOD FEMA LLC PROPERTY Tax Map Number Owner Address City & State ZIP 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601 43 A 108 NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603 43 A 109 MERRYMAN SCOTT E - MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 110 RIDDICK THOMAS E 1R - RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112B DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134 WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134E jWWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 22604 Source: Frederick County GIS, December 2013 COUNTY of FRRDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 30, 2014 TO: TI-fE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 01-14 FOR COWPERWOOD FEMA On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 13, 2014, at 7:00 p.m. in the Board Room of the Frederick County Administration BUilding at 107 North Kcnt Street, Winchester, Virginia to consider the following application: Rezoning #01-14 Cowperwood FEMA, submitted by Greenway Engineering, Inc., to rezone 1.24+/- acres of a 18.34-acre property from RA (Rural Area) District to 132 (Business, General) District Nvith proffers. The balance of the property is to remain 16.53+/- M 1 (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. The property is located on the west side of Martinsburg Pike (Route 1 1 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317 and is identified by Property Identification Number 43-A-1 I I in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the atiached correspondence was mailed to the follo�',"Mc, on -I from theDepartznent of Planning and Development, Frederick County, Vir i ai . 43 - A- - 112-13 43 - A- - 111- COWPERWOOD FEMA LLC CIO HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON TX 77025.1119 43 - A- - 99- SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601.4744 43 - A- - 106- NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603-4560 43 - A- - 109- MERRYMAN SCOTT E MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 -A- - 110- RIDDICK THOMAS E JR RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603-4715 43 - A- - 112-A DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 43 -A- - 113. DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 43 - A- - 133- HART ROBERT A HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603.4709 43 - A- - 134- WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603.4709 1��1ic Gael T. Ruddy, Deputy Plannin g Direct/ Frederick County Planning Department / STATE OF VIRGINTA COUNTY OF FREDERICK I, �-f 0U\0`f4-J U (� R Q z �, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Pl 'ng and Development, whose name is signed to the foregoing, dated �o I Q , has personally appeared before me and acknov,rledged the same in my State and County aforesaid. Given under my hand this day of I d My commission expires on aC',e/,&y, J� % PAMALA DEETER REG S�RAT ON 13LIC COMMONWEALTH 354474 MY COMMOEXPRIRESIA DEISSIONCEMBER 31, 201 7 Y (I c P NOTARY PUBLIC 43 - A- - 134- WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603.4709 43 - A- - 134-B WWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 22604.0725 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 30, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-14 FOR COWPERWOOD FEMA On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 13, 2014, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winclicster, Virginia to consider the following application: Rezoning #01-14 Cowperwood FEMA, submitted by Greenway Engineering, Inc., to rezone 1.24+/- acres of a 18.34-acre property from RA (Rural Area) District to 132 (Business, General) District Nvith proffers. The balance of the property is to remain 16.53+/- M I (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. The property is located on the west side of Martinsburg Pike (Route 1 1 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317 and is identified by Property Identification Number 43-A-1 1 1 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederiek.va.us. Sincerely, /Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 3, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-14 FOR COWPERWOOD FEMA On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 16, 2014, at 7:00 p.m. in the Board Room of the Frederick County Administration Building; at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-14 Cowperwood FEMA, submitted by Greenway Engineering, Inc., to rezonel .24+/- acre of a 18.34 acre property from RA (Rural Area) District to 132 (Business, General) District Nvith proffers. The balance of tlic property is to remain 16.53+/- M 1 (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. The property is located on the west side of Martinsburg; Pike (Route 1 I North) and is located approximately 0.6 miles north of Interstate 81 Exit 317 and is identified by Property Identification Number 43-A-1 1 1 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling; (540) 665-5651. You can also visit us on the web at: www.co.fi-ederick.va.us. Sincerely, —ZAIII � �� �� �jt , CC �C� Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 3, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-14 FOR COWPERWOOD FEMA On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 16, 2014, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-14 Cowperwood FEMA, submitted by Greenway Engineering, Inc., to rezone1.24+/- acre of a 18.34 acre property from RA (Rural Area) District to 132 (Business, General) District with proffers. The balance of the property is to remain 16.53+/- M 1 (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. The property is located on the west side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317 and is identified by Property Identification Number 43-A-1 1 1 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi•edcrick.va.us. Sincerely, ✓��u G /� Let. �{ Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the aiiached correspondence was mailed to the follov"ing on from the Department of Planning and Development, Frederick County, irguua: 43 A 112 A 43 • A• - 111- COWPERWOOD FEMA LLC CIO HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON TX 77025.1119 43 - A- - 99- SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601-4744 43 . A• • 108- NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603.4560 43 - A- - 109- MERRYMAN SCOTT E MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 - A• - 110- RIDDICK THOMAS E JR RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603.4715 STATE OF VIRGIN1A COUNTY OF FREDERICK DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 43 • A• . 112•B DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 43 • A• . 113- DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603.4715 43 • A• • 133- HART ROBERT A HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603-4799 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, �� Qi1'� l C� f u. (D-o e� a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated al ) LI , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on 1-ce "m " '3% 'Do NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31 2C'-7 43 - A- - 134-B WWP INVESTMENTS LLC PO BOX 725 WINCHESTER VA 22604.0725 43 - A- - 134- WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603.4709 � DEPT. OF GEOGRAPHIC INFORMATION� COPY FRLDERICK COUNTY, V IRGIN LA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: It I a` I I `I REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephonf.. FAX. E-mail Address: ESTIMATED COST OF PROJECT: III I/I DESCRIPTION OF REQUEST: (Write additional information on back of request) Cf Lq DIGITAL: SIZES: COLOR: PAPER:_ FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COWPERWOOD FEMA LLC PROPERTY I* 1 Tax Map Number Owner Address City & State ZIP 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601 43 A 108 NETHERS CONSTRUCTION LLC 915 WELLTOWN RD WINCHESTER VA 22603 43 A 109 MERRYMAN SCOTT E - MERRYMAN LINDA M 1995 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 110 RIDDICK THOMAS E JR - RIDDICK JANET 2045 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112E DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134 WILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134E WWP INVESTMENTS LLC PO BOX 72S WINCHESTER VA 22604 (J / 43 A 112A DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 112B DEHAVEN CHARLES S JR 2077 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 113 DEHAVEN JANE M TRUSTEE 2075 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 133 HART ROBERT A - HART ALICE C 2024 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 134 IWILLIAMSON LINWOOD R 2014 MARTINSBURG PIKE WINCHESTER VA 22603 43 A 1348 JWWP INVESTMENTS LLC IPO BOX 725 WINCHESTER VA 1226041 3- A y �vv1�1 C Lc- -p 6 (-) V r'-Q� \ q � (,- ,. Y 1` C S Document Approval Form JUN202014 �U FREDERICK COUNTY PLANNING AND DEVELOPMENT 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 ,4PPROV,4L PLE,4SE PRO [SIDE COMMENTSAS TO WH.4T YOU WOULD LIKE TO H.4 VE COMPLETED. Initials Date & Time Candice Mark Dave Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on Blackbox'Form& Documen( Approval Form — 12/27/13) � 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane / minded in 1971 Winchester, Virginia 22602 T R A N S M I T T A Project Name: Cowperwood FEMA, LLC Rezoning Application File No: 2795`I Date: Fri, Jun 20, 2014 To: FC 1'I.►nnin- Attn: Mike Ruddy Copied Ed Sussi Delivery: ❑ Fed Ex [ ; U.S. Mail JUN 2 0 2014 i .J FREDERICK COUNTY From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑� Courier ❑ Pick Up ❑ Other ❑ Urgent ❑ For Your Review ❑ As You Requested 1 Please Comment Message Hi Mike, Please find attached the information required for formal submittal of the Cowperwood FEMA, LLC Rezoning Application for the July 16, 2014 Planning Commission agenda. Please advise me if you need anything else regarding this matter. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 �c ! o' Hasler FREDERICK COUNTY PLANNING AND nEVr-I ,^!.oFNT 43 A 99 SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 226014744 $0() " `- k / NI XI _ 207 ; = :004 01)0E!03 / 14 r4tT7EIW.P'TEC - hO' K.ti0W1�1 L.,W u6A. E `fl i- OF wPIKU _ � :1'6®]i580O99 "0517 -04507 -30-36 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 30, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1101-14 FOR COWPERWOOD FEMA On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 13, 2014, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-14 Cowperwood FEMA, submitted by Greenway Engineering, Inc., to rezone 1.24+/- acres of a 18.34-acre property fi•om RA (Rural Area) District to 132 (Business, General) District Nvith proffers. The balance of the property is to remain 16.53+/- M 1 (Industrial, Light) District, and 0.57+/- RA (Rural Area) District. The property is located on the west side of Martinsburg Pike (Route 11 North) and is located approximately 0.6 miles north of Interstate 81 Exit 317 and is identified by Property Identification Number 43-A-1 I 1 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.fi•ederick.va.us. Sincerely, /Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000