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HomeMy WebLinkAbout07-15 Woodside Land Company Stonewall - Backfile0 6 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List_ ,Y- ) �'/S U- lal►Ilis Sys ID # File opened Fee & Sign Deposit Deed Plat/Survey �— Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for- verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting ACTION: iX. c-n,��t ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (o1• denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded NOTES RECEIPT DATE �a,4 I �c►-NO. 533398 RECEIVED FROM L�-)CXDd i C(C I r:)Ci (C i ADDRESS-291 3 LOCX`` 131 d C `2d Ck-'O r b -C f< � (Z�Lanc �a7o ac.-es from !?A FOR-Zclflt r,l 1 �i` ( -A - Cc� yy ()�-1S +,- rn.Q 4 ACCOUNT HOW PAID Ah1T. OF ACCOUNT CASH PAID 67 coo-� CHECK VVw Ih� BALANCE MONEY DUE ORDER B ©2001 alai a COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 CERTIFIED NIAIL December 3, 2018 O-N Minerals (Chemstone) Co. DBA Carmuse Lime & Stone 1 1 Stanwix Street, 2 1 " Floor Pittsburgh, PA 15222 RE: Woodside Land Company Rezoning #07-15 Property Identification Number (PIN): 34-A-8A Proffered Transportation Enhancements To Whom It May Concern: This letter is in reference to Proffers addressing the Transportation Enhancements of the Woodside Land Company Rezoning #07-15, approved by Frederick County on December 9, 2015. Specifically, in reference to Proffer 1. Transportation subsection c. I have enclosed a highlighted copy of Proffer 1. Transportation Subsection e. for your reference. Please note the PIN assigned to the Rezoning (PIN) 34-A-6D was changed via a Boundary Line Adjustment (BLA) to (PIN) 34-A-8A. The proffer assigned to the Rezoning carries with the Property. Frederick County is requesting that the Proffer be executed within 90 clays of receipt of this letter. If you have any questions, please call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/dlw Enclosure em: Judy McCann -Slaughter (jslauc hter((P,fcva.us) Gary R. Oates (Grc)'wolfeinc(ci),iol.com) William H. Cline(wcline.Ii-edcogovpc((r)iclou(I.com) 107 North Kent Sti'Cel, Suite 202 • Winchester, Virginia 22601-5000 Rezoning: RT. # 07-15 Property: Area: 20.000 acres T Tax Parcel 34-(A)-6D Record Owner: Woodside Land Company, LLC Project Name: Woodside land Company Original Date of Proffers: .June 22, 2015 Revised Date of Proffers: August 26, 2015 November 9, 2015 November 20, 2015 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the pruvisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, skull approve Rezoning Application #07-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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. Thesc proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John 1-I. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #120009190 dated August 16, 2012. Proffers: 1. Transportation The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. "p O C7 G7 b. The owner hereby proffers a cash contribution to Frederick County, for N Transportation Improvements, of rate of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. This rate shall increase by $0.05 on January 1, 2017, and then increase an additional $0.05 annually thereafter. c. The owner hereby proffers to dedicate right of way totaling 0.822 acres. as shown on the GDP, to the County of Frederick within 60 days of Rezoning Approval. d. The owners hereby proffer to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike (Route 11) and Woodside Road (Route 838) prior to the approval of the first site plan. 2. Fire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority 4. Uses a. The owner hereby proffers a 100'x100' easement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the ;yell is not viable as determined by the Frederick County Sanitation Authority. The owner hereby voluntarily prohibits the following uses a. SIC 58 — Restaurants b. The following uses under SIC 7699541 i. Cesspool Cleaning Service ii. Septic Tank Cleaning Service iii. SeWL-r- Cleaning Service c. SIC 29 — Petroleum refining and related industries d. SIC 348 — Ordinance and Accessories e. SIC 598 — Fuel Dealers f. SIC 242 — Sawmills and Planing Mills g. Junkyards, Automobile Graveyards, and Recycling Operations h. Manufacturing or Wholesaling of Explosives i. Incinerators j. Concrete and Asphalt Plants --aw 2 lru 117 M M V r9 �1 14b) IiOx� I 'C,-,,, f —dc-h P1 Postage Certified Fee 7 Postmark Return Receipt Fee Here ED (Endorsement Required) M Restricted Delivery Fee (Endorsement Required) M r'9 Total Po O-N Mille"','Is Plells"'lle) CO' Lr) 1:3 DBA Carmuse Lime & Stone 0 St, T 11 S' Street, 21" Floor r-9 '- A�-, Pittsburgh, PA 15222 0 , FPO 13 r- Certified Mail Provides: d A mailing receipt ❑ A unique identifier for your mailpiece ❑ A record of delivery kept by the Postal Service for two years Important Reminders: ❑ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ❑ Certified Mail is not available for any class of international mail. ❑ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ❑ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ❑ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ❑ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IIMPORTANT: Save this receipt and present it when making an inquiry. I PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 lil Bs Paid I9I�IIIIII'illlllllll'IIIIf1111Jllllllllll """ uPermit No. G-10 btlb 9590 9402 2884 70L9 0035 04 United States • Sender: Please print your name, address, and ZIP+40 in this box* Postal Service i / • -`'`�� -= ^gin. �;,A l 0. Ft-edct-icic Coarty Department Of Planning and De elopmctit 107 1\i<s_'tll ''tent _Sti*eet, Suite 202 N�' 11Jt�re tef, VA 22602 ::�i:1i`�S1:E:::SE�'tIE"E „ ,i`='"��'il•1 uii ■ Complete items 1, 2, and 3. ■ Print your name and address on the. reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 0--N Minerals (ChcrostO110 Co. DSA Carmtme L'sme & Stone 11 Stanavix Street, 2V' Floor I'tttslynr(,*lx, P.k E5222 Fad p a • •1 941 88 1.9 0035 14 2. Article Number (Transfer from service label) 1 7014 0510 0000 4691 3092 . PS Form 3811, July 2015 PSN 7530-02-000-9053 A. X 13 71 — Agent 1. ❑ Addressee .1 B. Rebeived by (Printe-d-Name) C. Date /of Delivery Il D. Is delivery address different from item 1? 13 Yes If YES, enter delivery address below. p No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Ma11 TM A❑ Adult Signature Restricted Delivery CI Registered Mail Restricted certified Maif(D ❑ Certified Mail Restricted Delivery Delivery TJ'Retum Receipt ❑ Collect onDelivery ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT" 'A al ❑ Signature Confirmation - 'Aaii Restricted Delivery Restricted Delivery Domestic Return Receipt ;I 12/12/2018 USPS.com a - USPS Tracking@ Results ® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) USPS Tracking Track Another Package + Tracking Number: 70140510000046913092 Remove x Expected Delivery on THURSDAY by DECEMBER 62018 0 8:00pm r�' m m m OV Delivered v December 6, 2018 at 3:40 pm Delivered, Front Desk/Reception/Mail Room PITTSBURGH, PA 15222 Get Updates \/ U Text & Email Updates n Tracking History December 6, 2018, 3:40 pm Delivered, Front Desk/Reception/Mail Room PITTSBURGH, PA 15222 Your item was delivered to the front desk, reception area, or mail room at 3:40 pm on December 6, 2018 in PITTSBURGH, PA 15222. 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FAQs (https://www.usps.com/fags/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tLabels=70140510000046913092 2/3 Diane Walsh From: Diane Walsh Sent: Monday, December 03, 2018 3:05 PM To: Mark Cheran (mcheran@fcva.us) Subject: Letter regarding Proffer for the Woodside Rezoning #07-15 Attachments: Woodside Letter Regarding Proffer - Rezoning #07-15.pdf Tracking: Recipient Delivery rk Cheran (mcheran@fcva.us) �cCann-Slaughter Delivered: 12/3/2018 3:07 PM ales edcogovpc*icloud.com) MdLlLb61__ Delivered: 12/3/2018 3:07 PM Please find attached a letter sent to O-N Minerals (Chemstone) Co., regarding Proffered Transportation Enhancements. If you have any questions, please do not hesitate to contact Mark. Diane Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 dwalsh@fcva.us V Diane Walsh From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Monday, December 03, 2018 3:05 PM Subject: Delivered: Letter regarding Proffer for the Woodside Rezoning #07-15 Your message has been delivered to the following recipients: Judy McCann -Slaughter (jslaughter(cbfcva,us) Subject: Letter regarding Proffer for the Woodside Rezoning #07-15 Diane Walsh From: Microsoft Outlook To: Gary Oates Sent: Monday, December 03, 2018 3:05 PM Subject: Relayed: Letter regarding Proffer for the Woodside Rezoning #07-15 Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Gary Oates (GreyWolfeIncPaol.com) Subject: Letter regarding Proffer for the Woodside Rezoning #07-15 Diane Walsh From: Microsoft Outlook To: Mark Cheran Sent: Monday, December 03, 2018 3:06 PM Subject: Delivered: Letter regarding Proffer for the Woodside Rezoning #07-15 Your message has been delivered to the following recipients: Mark Cheran (mcheran(@fcva,us) Subject: Letter regarding Proffer for the Woodside Rezoning #07-15 i,U r� i(C°i111�titLlLrVJll;t'!t,C1'Jlk- S Er r eQ�C ,r1j Q- $ Postage Cenifled F Q Retum Recat Fe ID (Endorsement Requ d O Restricted Delivery Fee (Endorsement Required) n r—i 2 Postmark Hero Ln Total Pos O-N Minerals (Cliemstone) Co. C:3 Sent To DBA Carmuse Lime & Stone 11 Stanwir St. 21" Floor ri Sfreet, Apt. � 0 or PoaeX, Pittsburgh, PA 15222 � �;,� ram Certified Mail Provides: A mailing receipt o A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders. o Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. o Certified Mail is not available for any class of international mail. © NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. © For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". © If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 USPS TRACKING # — 9590 9402 2884 7069 003, United States • Sender: Please print your name, address, and ZIP+411 in this box* Postal Service — -- /r.- -rE l rederick Count' Department 01' Yiannino and Developmelit 107 North Kent Street Suite 202 Winchester VA 22602 PLIComplete items 1, 2, and 3. ■ "Print your name and address on the reverse,'- so that we can return the card to you. ■ Attach this card to the back of the mailpiece,'- or on the front if space permits. O-N Minerals (Chemstone) Co. DPA Carmuse Limy, & Stone 11 Stanwix St., 21st Floor Pittsburgh, PA 15222 111111111 NIII III INI I 1111111111111111 fl 9590 9402 2884 7069 0033 99 2. Article Number (Transfer from service label) 7014 0510 0000 4691 2941 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. rN ® Agent E3 Addre B. Received by (Printed Name) C. Date of eli I-i� in �l� D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below. ❑ No 3. Service Type ❑ Priority Mail ExpressO ❑ Adult Signature ❑ Registered Mail** ❑ Adult Signature Restricted Delivery ❑'Registered Mail Restricted 1 C rtified WHO Delivery t7 Certified Mail Restricted Delivery R Receipt% ❑ collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature Con irmationTM — Mail ❑ Signature Confirmation Nail Restricted Delivery Restricted Delivery Domestic Return Receipt j L,)a.5 Floes w a� pzw-j- a �1fh7 COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 December 10, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: REZONING #07-15 NVOODSIDE LAND CO. PIN: 34-A-6D Dear Gary: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 9, 2015. The above -referenced application was approved to rezone 20.00 acres from the RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' east of Route I 1 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34-A-6D in the Stonewall Magisterial District. The proffer statement, originally dated June 22, 2015, with final revision date of November 20, 2015, reflects the approved proffers. The proffers were approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney Nvill present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not liesitate to contact this office if you have any questions regarding the approval of this rezoning application. . Sincerely,, I eliael T. Ruddy, AICP Deputy Director MTR/pd Attachment cc: Charles S. DeHaven, Jr., Supervisor Stonewall District Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Woodside Land Company, LLC., 2973 Woodside Rd, Clearbrook, VA 22624 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 F n RE COPY i Rezoning: RZ # 07-15 NOV 2 0 2015 Property: Area: 20.000 acres Y Tax Parcel 34-(A)-6D Record Owner: Woodside Land Company, LLC Project Name: Woodside Land Company Original Date of Proffers: June 22, 2015 Revised Date of Proffers: August 26, 2015 November 9, 2015 November 20, 2015 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #07-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument # 120009190 dated August 16, 2012. Proffers: 1. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. 0 0 b. The owner hereby proffers a cash contribution to Frederick County, for Transportation bllprovements, of rate of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. This rate shall increase by $0.05 on January 1, 2017, and then increase an additional $0.05 annually thereafter. The owner hereby proffers to dedicate right of way totaling 0.822 acres, as shown on the GDP, to the County of Frederick within 60 clays of Rezoning Approval. d. The owners hereby proffer to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike (Route 1 1) and Woodside Road (Route 838) prior to the approval of the first site plan. 2. Fire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. FI'ederiel( County Sanitation Authority 4. Uses The owner hereby proffers a l 00'x 100' easement as shown on the GDP for a production well for public use. This casement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. The owner hereby voluntarily probibits the following uses a. SIC 58 — Restaurants b. The following uses under SIC 7699541 i. Cesspool Cleaning Service ii. Septic Tank Cleaning Service iii. Sewer Cleaning Service c. SIC 29 — Petroleum refining and related industries d. SIC 348 — Ordinance and Accessories e. SIC 598 — Fuel Dealers f. SIC 242 — Sawmills and Planing Mills g. Junkyards, Automobile Graveyards, and Recycling Operations h. Manufacturing or Wholesaling ofExplosives I. Incinerators j. Concrete and Asphalt Plants 2 0 0 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conclitlons, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submiacd: r 1 II. Li ht nlana iJ Dalc . of � g ge1 Woodside Land Company, LLC Commonwealth of Virginia, City/County of ES (:CC o C� Cy-- To Wit: The foregoing instrument was acknowledged before me thiss clay of November, 2015 BY Notary Public Registration Number My Commission Expires , - c2 b n KANDICE SENEE KESNES NOTARY PUBLIC COMMONWEALTH OF VIRGWM MY COMMMION EXPIRES JULY 91, 2019 COMMMION • 76~ 0 0 34-(A)-5A GEORGE M. SEMPELES DB 684, PG 730 ZONED: RA i USE: AGR i 125.4 ACRES i ROUTE 669 WOppBINE R� f2000' RT 11 CROSS -HATCHED AREA DENOTES ADDITIONAL RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0.822 ACRES 34-(A)-6D WOODSIDE LAND COMPANY, LLC, EX. ZONED: RA PR, ZONED: M-1 20.000 ACRES (19.178 REMAINING AFTER R. 0, W. DEDICATION) 200' 0' 200' GRAPHIC SCALE I34-(A)-5C GEORGE M. SEMPELES DB 746, PG 193 ZONED: RA I USE: AGR ±27. 9 ACRES i i I i HATCHED AREA DENOTES A PROPOSED 100' x 100' WELL EASEMENT FOR THE FREDERICK COUNTY SANITATION AUTHORITY PER PROFFER #3. i 34-(A)-68 WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA USE: AGR f63.139 AC GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road G reyWolfe, Inc. FOR THE REZONING OF THE LANDS OF WOODSIDE LAND Winchester, VA 22603 Land Surveying and Consulting GreyW61eyWo/felnc�ao/.com COMPANY, LLC 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 0 0 34-(A)-5A � � GEORGE M. SEMPELES I 34-(A)-5C ��0 �ti�� I DB 684, PG 730 P Q P GEORGE M. SEMPELES ZONED: RA Ci Q� DB 746, PG 193 p� i USE: AGR p����PP ZONED: RA i f25.4 ACRES USE: AGR �p�� f279 ACRES I r 669 ROUTE i WOODBINE ROA� HATCHED AREA DENOTES 12000' A PROPOSED 100' x 100' RT. 11 WELL EASEMENT FOR THE FREDERICK COUNTY SANITATION AUTHORITY PER PROFFER #3. CROSS -HATCHED AREA I DENOTES ADDITIONAL i RIGHT OF WAY TO BE i DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0.822 ACRES _ zp � Z 0.6 Z Q z 34-(A)-6D 6'rn WOODSIDE LAND COMPANY, LLC, o v~, o EX. ZONED: RA o z o PR. ZONED: M-1 = o 20, 000 ACRES Q z (19,178 REMAINING AFTER Woo R. 0. W. DEDICATION) 0 0 34-(A)-68 WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA 200' 0' 200' USE: AGR f63.139 AC - GRAPHIC SCALE ' GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road GreyWolfe, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA22603 WOODSIDE LAND _.. Land Surveying and Consulting COMPANY, LLC GreyWolfelncC�aol,com 540-667-2001OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 REZONING APPLICATION #07-15 WOODSIDE LAND COMPANY, LLC Staff Report for the Board of Supervisors Prepared: October 6, 2015 (Updated October 28, 2015) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/21 / 15 Recommended Approval Board of Supervisors: 1 1/12/15 Pending PROPOSAL: To rezone 20.00 acres front the RA (Rural Areas) District to M2 (Industrial General) District Nvith proffers. LOCATION: The property is located on the southern side ol'Route 669 about 2000' cast of Route 1 1 and adjacent to the Winchester & Western Railroad. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 20 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. In addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an industrial development of this intensity without some significant improvements. The Applicants approach is to provide cash contribution in the anlount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately addressed by the Applicant. Tile application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is determined to be viable. The Planning Commission, as noted in the meeting SUnllllary (page 8), discussed this item thoroughly and identified several issues with the transportation components of this request Including tile Current condition of Route 669 and the rationale for the amount of the monetary contribution. Ultimately, the Planning Commission recommended approval of this request. Following the required public hearinf,,, It llectston regarding thiv rezoning application bV the Board of Sttpervivors fvottld be appropriate. The applicant should be prepared to a(tcgitatelV atldrea:v all concerns raised by the Board o/'Superi,isor.v. Rezoning tl07-15 Woodside Land Company, LLC October 28, 2015 Page 2 This report IS prepared Gj, the Frederick Counly Planning Staff to provide Inforinatlon to the Planning Commissions and the Board of'Supervisors to assist them in making a decision on N1Lv application. It may also be useful to others' interested in this' Zoning matter. Unresolved /3s'ues concerning thi.v application are noted bj, Staff Where relevant throughout th1S Staff report. Reviewed Action Planning Commission: 10/21/15 Recommended Approval Board of Supervisors: 1 1/12/15 Pending PROPOSAL: To rezone 20.00 acres from the RA (Rural Areas) District to M2 (Industrial General) District with proffers. LOCATION: The property is located on the southern side ol'Route 669 about 2000' cast of Route I I and adjacent to the Winchester & Western Railroad. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34-A-6D PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Agriculture East: RA (Rural Areas) Use: Agriculture West: M 1 (Light Industrial) Use: Industrial Rezoning 1107-15 Woodside Land Company, LLC October 28, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached leller dated Jule) 31, 2015. Frederick County Fire Marshal: Plans approved. Public Works Department: Impact Statement: We COIICIII' with the applicant's reference to the proposed development meeting with the COunty's and the Commonwealth's specifications related to road design and stormwater management. We anticipate that the development will also require upgrading Route 669, (Woodbine Road), to accommodate the proposed industrial traffic as well as storniwater runoff. The existing road has a gravel surface and a low water crossing at its intersection with Duncan Run. We will grant our approval of the proposed rezoning with the understanding that the above comment will be considered in the design of the future industrial park. Frederick County Sanitation Authority: Please see allached letter -om Uwe E. IVeindel, PE, dated June 29, 2015. Frederick —Winchester Service Authority: No Comment. Frederick CounO, Park & Recreation: Parks and Recreation has no comments regarding the proposed rezoning. `'Winchester Regional Airport: No impact to airport operations. Frederick County Public School: We have reviewed the above -referenced application. We offer no comments. Frederick County Attorney: Plecrs'e see allciched leller from Roderick B. 14,71liams, County, flllorney, doled Julh 14, 2015. PlanniIlg & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quach'angle) depicts the zoning for the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were combined to form the RA (Rural Areas) Dlstl'iCt upon adoption of an amenchnent to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. • • Rezoning 1107-15 Woodside Land Company, LLC October 28, 2015 Page 4 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Lancl Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the fixture development of the property. The property is located within the (Sewer and Water Service Area (SWSA)). The 2030 Comprehensive Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed industrial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues to promote Industrial and commercial land uses In this area of the Northeast Frederick Land Use Plan. 3) Potential Impacts Site Access and Transportation. The County's Eastern Road Plan identifies a major collector road in the immediate vicinity of this property. Route 669 is anticipated to extend from its current alignment to the east, through the adjacent property, providing improved access to this area of industrial development. The traffic from this project would ultimately access the Route 1 1 /Route 669/Interstate 81 area. This is an area that includes identified improvements to the County's road system including an improved major collector road, Route 669, an improved major arterial road, Route 11, and a new collector road through the Sempeles property. Some improvements in this area are anticipated to be completed by others through current and future rezoning applications. Access to the site is proposed to be via a single entrance onto Route 669. This application proposes no improvements to the County's road system in support of this request. Alternately, the request provides for a monetary contribution for transportation improvements. This cash contribution is in the amount of $0.75 per building square foot, payable at the time of the building permit application. Based on the proposed cap of 102,500 square feet of building development, a maximum transportation contribution of $76,875 may be generated by this rezoning request. The per square foot amount is comparable to the cash component of recent similar rezonings with a cash proffer amount. However, these rezonings were also doing additional improvements to offset their impacts and gain site access. For example the BPG rezoning was also doing frontage improvements and participating in a potential future signal and the Blackburn rezoning had to do significant berming along their Apple Valley Road frontage as well as bear the costs of connecting to Dawson Drive in order to provide additional access to the property. Rezoning 907-15 Woodside Land Company, LLC October 28, 2015 Page 5 If the proposed monetary contribution is to be considered an acceptable alternative to the actual COI1Stl'uCtiOil of physical illlprovelllCIltS, it should be determined if the amount and timing of the contribution is sufficient given the potential use of the property. Unlike other recent rezoning applications, there does not appear to be an identifiecl transportation improvement project in the vicinity of this project that is active and would be a good location for these funds to be allocated towards. Potential issues in the immediate vicinity include the railroad crossing and the alignment of Woodside Road, both of which are unaddressed in this rezoning. Additionally, there are a number of improvements in the area, Such as the connection fi-om Woodside to Route I 1 at the Rest Church Road intersection that are in the comprehensive plan specifically to address future truck traffic in this area. While that specific improvement is already proffered, this rezoning does not address potential improvements needed to the intersection of Woodside and Route I I if this property Should develop ahead ofthat proffered condition. The transportation impacts associated with this industrial land use Should also be discussed further. In particular, with regards to the potential industrial land use that may be developed on the site. A cap Of 102,500 square feet of building floor area is proposed. What impacts are associated with this amount Of developincrit, and what impacts would Occur should this cap be exceeded. No particular land use has been proffered which could lead to a large variety in traffic impacts depending on the particular use. General Business Office use has a more intensive trip count than other industrial uses (Frederick County Rezoning Application). Other industrial uses may have a greater physical impact On the transportation network given the potential truck traffic. These factors are an important consideration not Only in the vicinity of this site, but further along the transportation network at identified bottlenecks. Transportation improvements to Route 669, Woodbine Road, are anticipated in the future. Therefore, it is important that the right-of-way needs for the fixture improvements to Route 669 are accommodated, and that the application provides some contribution to transportation improvements resulting f-oin the impacts of this new development. Those impacts should include those offsite improveillents warranted by the development that may be farther away fi•om the property. Frontage improvements in the immediate vicinity Of this Site Should be addressed by the actual development of this site the width of the existing right-of-way and the width Of future expansion, beyond the previously identified hatch area, that would be necessary for improvements to Route 669 have not been identified. Dedication of any right-of-way should be included. At this time, no frontage improvements are proposed and no right-of-way dedication is provided. A more thorough evaluation of the existing road conditions in the immediate vicinity of this project should Occur. It appears as though it is a rural paved section with limited width, acute turns, and a low water drainage structure/bridge over Duncan Run. TO what extent would future improvements, presumably by others, impact the Duncan Run floodplain? This request should also include an evaluation of the existing railroad crossing at the northwestern limits Of the property to determine its capacity to accommodate industrial traffic. Rezoning I107-15 Woodside Land Company. LLC October 28, 2015 Page 6 Environment. The site contains a considerable amount of ellvil-olllllciltal features, including most significantly, Duncan Rllll and its associated floodplain and wetlands. Therefore, the northwestern a portion of the site Nwould be deemed to be wldevelopablc. Previously this area was identified as a hatched area on the Generalized Development Plan denoting a conservation area for storm water management. Improvements in this area are undcsirablc given the potential environmental impacts. The majority of the property however, contains no environmental featUres and would be ideal for industrial development. The Applicant evaluated if expanded water and sewer infrastructure in this general area is needed and if so, whether this property would be able to contribute to those infrastructure needs. This could be done in conjunction Nvith the Frederick County Sanitation Authority (FCSA). Consideration should include the future needs of'propertics planned for industrial to the east. To that end, the Applicant has proffered an easement For a production well for public use, 100' x 100' in size as shown on the GDI'. This proffer contains a sunset clause ol'December 31, 2018 if the well is not determined to be viable by the Frederick County Sanitation Authority by that time. Historical. The Impact Analysis identified that there are historical impacts associated with this application. Two historical structures are located within the vicinity of the proposed rezoning; both were identified as potentially historically significant. The strucihu•es are Sarsaparilla Springs (#34- 0156) and Woodside (#34-0731). The I-IRAB reviewed this application at their September 15, 2015, meeting and had no recommendation to forward to the Planning Commission, stating that alterations had been made to the identified structures making them ineligible for the State registry. 4) Proffer Statement A) Allowed Uses: No restriction on land uses is proposed. All uses within the M2 (Industrial General) District would be permitted. It is noted that this is the most intensive of the County's zoning districts. B) Access Management and Transportation: The site is proffered to have one access point onto Route 669, as shown on the Generalized Development Plan. A cash contribution in the amount of $0.75 per building square foot is proffered for transportation improvements. No other transportation related proffers are offered. 0 • Rezoning 1107-15 \Voodside Land Company. LLC October 28, 2015 Page 7 C) Site Development: The Applicant has proffered that the total building floor area shall not exceed 102,500 square feet. This number is consistent with the amount of industrial development the Applicant modelled in their TIA. The Applicant has proffered an casement for a production well for public use, 100' x 100' in size as shown on the GDP. This proffer contains a sunset clause of December 31, 2018 if the \vcll is not determined to be viable by the Frederick County Sanitation Authority by that time. D) Mitigating the Impact of Development: in addition to the above mentioned cash contribution for transportation improvements, the Applicant has proffered a cash contribution to Frederick County for Fire and Rescue purposes in the amount of $0.10 per building square foot. STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 20 acres of land from the RA (Rural Areas) District to the M2 (General Industrial) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial ]and use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. In addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an industrial development of this intensity without some significant improvements. The Applicants approach is to provide cash contribution in the amount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately adch•essed by the Applicant. The application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is cletermincd to be viable. The Planning Commission should determine if the approach to addl-cssing the transportation component of the application is acceptable, and the amount of the potential proffer, is appropriate. Any issues brought forth by the Planning Commission should be appropriately addressed by the applicant. r1 U • Rezoning 1107-15 Woodside Land Company, LLC October 28, 2015 Page 8 PLANNING COMMISSION SUNIMARY OF 10/21/15 MEETING: Staff reported this is a request to rezone 20 acres from the RA (Rural Areas) District to M2 (Industrial General) District with proffers. Staff noted this property is on the east side of Winchester & Western Railroad tracks and south of Woodbine Road. The Applicant has provided a GDP (Generalized Development Plan) for this 20 acre parcel and clearly shows the Woodbine Road right-of-way; Duncan Run and the associated flood plains on each side; highlights the proposed entrance location; and a potential well site for the County. Staff reported this is a relatively straight forward request however there are sonic issues that need to be addressed. The proffers for this rezoning were reviewed by Staff. It was noted the industrial land use designation is consistent with the Comprehensive Plan but it is important to recognize some of the impacts associated with this request May be addressed with the applicants profTcr statement and tine proffer primarily revolve around transportation. Staff' explained it is important to recognize tine condition of Woodbine Road (Route 669) in the vicinity of this project. The road is relatively rural in condition; it includes a low water bridge crossing Duncan Run, and includes significant turns in tine road itself. The long term Comprehensive Plan identifies a Major collector road and Woodbine Road extending east fi-om its current location. Staff continued the potential cash contribution of. $.75 per building square foot has the ability to generate up to but no more than $76,875 for transportation improvements in that general area. Recognizing the scale of that and the cost of transportation Improvements, that potential amount does not appear to address the improvements that may be needed to the road and to other transportation solutions in the general area. Mr. Timothy Stowe representing the Applicant came forward to address any questions or concerns. Mr. Stowe reiterated this project has been scaled to be able to work with the transportation network that is in place. The goal of the Applicant is to not generate more than 100 trips during peak hours. He noted the Applicant does realize the road is small, winding, and he feels this modest level of traffic will not overtax the roadway. A Commission Member inquired if the 100 units of" traffic is truck traffic and if this site is for a warehouse. Mr. Stowe responded typically in a development similar in nature to this 8% is truck traffic and the balance is usually employees and visitors. He noted the plan is for a warehouse on this site. A Commission Member requested clarification for the basis of the $.75 per square foot. Mr. Stowe explained this amount has been used in previous projects that have been approved by the Board of Supervisors with very similar interests. A Commission Member voiced his concern with the Applicants view on the traffic impact; would tine existing condition of Woodbine Road structurally sustain 8% of tractor trailer traffic without significant 0 Rezoning 1107-15 Woodside Land Company, LLC October 28, 2015 Page 9 maintenance bcln f- perlormed especially with part of tltc road being located in a flood plain. I-Ic doesn't foresee the road being able to handle that type of traffic. Mr. Stowe noted there has not been any type of soil or pavement analysis performed. However at the present time there are trucks accessing the Frederick County Public Schools warehouse site on a regular basis as well as agricultural traffic and at times carrying heavier loads than a tractor trailer may hold. The Commission Member inquired if this is an appropriate transportation system to accommodate the use. Mr. Stowe elaborated based on the Comprehensive Plan this is the direction the County has decided to go and this proposal is keeping within that plan. A Commission Member commented that with the $.75 per square foot being used in the past for projects we cannot expect someone to do anything different at this point. I-{e also expressed his appreciationn of aeasement well being considered in the proffers for this project. A Commission Member asked will traffic intensity would rcquirc a lot of road maintenance. Staff explained not having performed analysis of�the roadway, he cannot speak to what is not known to be factual or to what that piece of pavement can or cannot handle. He expressed confidence that the road was not built to what VDOT would require today for construction of a new road. Fie agreed this is a valid concern. A Commission Member requested Staff comment on the rail situation at this location. It was noted they have viewed the site and the track appears to be very straight. If M2 piece of property is the goal for this rczomng than this Would be a prime candidate for rail siting and ii�so can it be accommodated with the length of its property boundary. Staff agreed that is accurate, the length looks good, and there are rail access funds available. There Were no citizen comments for the Public Hearing. The Applicant came forward to answer any questions and to address any concerns. I-Ie explained the rail situation; currently it is Winchester & Western Railroad; last year a second rail line was installed as a stacking/parking area that ran approximately 2000 linear feet down his property; since completion they have started a third line on tle west side which means significant parking for Winchester & Western Railroad. The Applicant addressed the concerns regarding Woodbine Road; from the railroad west to Route 1 1 was upgraded to tractor trailer status about 15 years ago; tle road was widened approximately 18 inches on each side and capped. He explained the amount of roadway that is being addressed through the proffer is from the railroad to the turn which is not a very long distance. I-Ie agreed on the $.75 per square foot proffer due to that amount being used previously on rezonings. Tile Applicant commented regarding tractor trailer traffic on Woodbine Road. He agreed the road would need to be upgraded and the part lie is speaking of is of minimal distance. U • Rezoning I107-15 \Voodsidc Land Company, LLC October 28, 2015 Page 10 A Commissioner commented he feels the transportation proffers arc inadequate for this rezoning. Another Member noted he feels this is a good application and that the County has to start somewhere to process more industrial uses. There were no further comments or questions at this time. A motion was made, seconded, and passed to recommend approval of this rezoning. Abstain: Oates Absent: Crockett EXECUTIVE SUMMARY S PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 20 acres of land from the RA (Ru'al Areas) District to the M2 (Industrial General) District with proffers to accommodate industrial uses. The property is located within the Sever and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. In addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an industrial development of this intensity without some significant improvements. The Applicants approach is to provide cash contribution in the amount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately addressed by the Applicant. The application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is determined to be viable. The Planning Commission, as noted in the meeting summary (page 8), discussed this item thoroughly and identified several issues with the transportation components of this request including the current condition of Route 669 and the rationale for the amount of the monetary contribution. Ultimately, the Planning Commission recommended approval of this request. Following the required public hearing, a lleclsion re-,-artfing this rezoning llpplicatlon bjV the Board of Sllpervivory would be appropriate. Tlie applicant sholllll be prepared to adequately address all concerns raised by the Board of Super, sons. 0, 0• Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: Magisterial District: RZ # -1S Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company June 22, 201S August 26, 201S Stonewall 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 ZOilillg, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of' 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John I-1. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #120009190 dated August 16, 2012. Proffers: I. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. b. The owner hereby proffers a cash coati-IbLlllon to Frederick County, for Transportation I111p1.OVenlentS, Of $0.75 per building square foot, to be paid with application for building permits. The term "building square Foot" shall be the combined floor area for each story. 2. Fire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority a. The owner hereby proffers a 100'x 100' casement as shown on the GDP for a production well for public use. This casement shall expire on December 31, 2018, if the well is not viable as cletcrnlined by the 1�mdcrick County Sanitation Authority. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and SLICCCSSOI-S In the Intei,est of the owner and Ownei-. Ill the event the Freclerick 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 Freclerick County Code and Orclinance. Respectfully Submitted: By: J hi H. Light, manager D,(to Woodside Land Company, LLC Commonwealth of Virginia, City/CoLulty of To e&—A 1 To Wit: 1j) � The foregoing instrument was acknowledged before me thiso� day of �V+tIN 20 B J' fi ary Public Registration Number My Commission Expires ID -;-31-a(D ) TAMMIE J. STEVERS NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT. 31, 2018 COMMISSION 8 7589252 • J 34-(A)-5A / GEORGE M. SEMPELES / �0� ti� / I 34-(A)-5C DB 684, PG 730 / / GEORGE M. SEMPELES DB 746, PG 193 ZONED: RA / �0p� QQti �� i USE: AGR / �• ��p �P tip / �`� i ZONED; RA i 125.4 ACRES / Q�p �� �P /tip I fU7.9 ACRES / RpuTE 61, c - woODBINE ROAD f2000' �w / I G-) rn RT. 11 f / / HATCHED AREA DENOTES £ A PROPOSED WELL £ i EASEMENT FOR THE / FREDERICK COUNTY F SANITATION AUTHORITY F / PER PROFFER #3. i W Q00 � k V 34-(A)-6D WOODSIDE LAND COMPANY, LLC. o W ^' EX. ZONED: RA PR. ZONED: M-1 a o !~ 20.000 ACRES z v Qsti boo U�ko 34-(A)-68 WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA 200' 0' 200' USE: AGR 163.139 AC GRAPHIC SCALE GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road GreVWolfe, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA22603 Land Surveying and Consulting WOODSIDE LAND COMPANY LLC GreyWo/felnc@ao%com 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545 4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: AUG. 26, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 0 0 AMENDMENT Action: PLANNING COMMISSION: October 21, 2015 - Recommended Approval BOARD OF SUPERVISORS: November 12, 2015 Ll APPROVED ❑ DBNIBD AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-15 WOODSIDE LAND COMPANY, LLC WHEREAS, Rezoning 807-15, Of Woodside Land Company LLC, submitted by GreyWolfe, Inc., to rezone 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers dated June 22, 2015, last revised on August 26, 2015, was considered. The property is located on the southern side of Route 669 about 2,000' east of Route 11 and adjacent to the Winchester & Western Railroad. The property is further identified by PIN 34-A-6D in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a pLiblic hearing on this rezoning on October 21, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 12, 2015; 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 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes 446-15 0 -2- This ordinance shall be in effect on the date of adoption. Passed this 12th day of November, 2015 by the following recorded vote: Richard C. Shickle, Chairman Robert A. I-Iess Gene E. Fisher Blaine P. Dunn PDRes 446-15 Gary A. Lofton Robert W. Wells Charles S. DeI-laver, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator REZONING APPLICATION #07-15 WOODSIDE LAND COMPANY, LLC Staff Report for the Boyd of Supervisors Prepared: October 6, 2015 (Updated November 30, 2015) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/21/15 Recommended Approval Board of Supervisors: 1 1/12/15 Public Hcaring; Action Tabled Board of Supervisors: 12/09/15 Public Hearing Continued PROPOSAL: To rezone 20.00 acres from the RA (Rural Areas) District to M2 (Industrial General) District with proffers. LOCATION: The property is located on the Southern side of Route 669 about 2000' east of Route I I and adjacent to the Winchester & Western Railroad. UPDATE FOR THE 12/09/15 BOARD OF SUPERVISORS MEETING: At the November 12, 2015 sleeting, the Board of Supervisors tabled this request and continued the Public Hearing. This provided the Applicant with the opportunity to meet with an adjacent property owner and to address the items discussed during the Board of Supervisors meeting, including transportation and the permitted uses allowed on the site. Subsequently, the Applicant Submitted a revised proffer statement dated November 20, 2015. Tile Applicant has included two additional proffers; 1) to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike and Woodside Road prior to the approval of the first site plan (Proffer IA.), and 2) to prohibit several uses currently permitted in the M2 (Industrial General) District. The list of prohibited uses is further identified in Proffer 4 of the revised proffers. Tile above is in addition to the modifications to the proffer statement that were previously presented to the Board in a revision dated November 9, 2015, where the Applicant proffered an annual increase of $0.05 to the $0.75 per building square foot proffer to transportation improvements, (Proffer l .b.), and the dedication of right-of-way along Route 838 as depicted on the GDP (Proffer Le.). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 20 acres of land fi-om the RA (Rural Areas) District to the M2 (Industrial General) District with proffers to accommodate industrial uses. The property is located within the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current 111dUSt1-ial land use Supported by the 2030 Comprehensive Plan. • Rezoning N07-15 Woodside Land Company. LLC November 30, 2015 Page 2 With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. Ill addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an inclustrial development of this intensity without some significant improvements, The Applicant's approach is to provide a cash contribution ill the amount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately addressed by the Applicant. The application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is determined to be viable. The Planning Commission, as noted in the meeting sunlnl,u-y (page 8), discussed this item thoroughly and identified several issues with the transportation components of this request including the current condition of Route 669 and the rationale for the amount of the monetary contribution. Ultimately, the Planning Commission recommended approval of this request (vote: 8-3, with one abstention). Folloivin,�, the required public hearinf.,, a lleci.y on ref,Tar(lin ' thi.y rezoning, appllc(ltlon hj� the BOQrd ofSitperi,rsors )Vol/lll be appl'opi- ate. The Applicanf should be prepared to allegllately addreSS all concerns ralSed by the Board of SNperykory. 0 0 Rezoning 07-15 Woodside Land Company, LLC November 30, 2015 Page 3 This report is prepared by the Frederick County Planning Staff to provide rnforination to the Planning Commission and the Board of'Supervisors to assist them in making a decision oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/21/15 Recommended Approval Board of Supervisors: 1 1/12/15 Public Hearing; Action Tabled Board of Supervisors: 12/09/15 Public Hearing Continued PROPOSAL: To rezone 20.00 acres fi-om the RA (Rural Areas) District to M2 (Industrial General) District with proffers. LOCATION: Tlie property is located on the southern side of Route 669 about 2000' east of Route 1 1 and adjacent to the Winchester & Western Railroad. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34-A-6D PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Agriculture East: RA (Rural Areas) Use: Agriculture West: M 1 (Light hidustrial) Use: Industrial Rezoning 1107- l5 Woodside Land Company, LLC November 30, 2015 Page 4 REVIENV EVALUATIONS: VirV,inia Dept. of Transportation: Please see attached letter dated July 31, 2015. Frederick County Fire Marshal: Plans approved. Public Works Department: Impact Statement: We concur with the applicant's reference to the proposed development meeting with the County's and the Commonwealth's specifications related to road design and stormwater management. We anticipate that the development will also require upgrading Route 669, (Woodbine Road), to accommodate the proposed industrial traffic as well as stormwater runoff. The existing road has a gravel surface and a low water crossing at its intersection with Duncan Run. We will grant our approval of the proposed rezoning with the understanding that the above comment will be considered in the design of the future industrial park. Frederick Count, Sanitation Authority: Please See allac'hed leper from Uwe E. IVeindel, PE, elated June 29, 2015, Frederick—«'inchester Service Authority: No Comment. Frederick County Park & Recreation: Parks and Recreation has no comments regarding the proposed rezoning. Winchester Re(ional Airport: No impact to airport operations. Frederick County Public School: We have reviewed the above -referenced application. We offer no comments. Frederick Comity Attorney: Please see attached lellerJi'oni Roderick B. Hl'illiams, CoamlyfUtorney, dated July 14, 2015. PlanninjZ & Zoninl 4: I) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 0 • Rezoning 1107-15 Woodsidc Land Company, LLC November 30, 2015 Page 5 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Land Use. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the (Sewer and Water Service Area (SWSA)). The 2030 Comprehensive Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed industrial land use designation for this property is consistent with the current land use supported by the Comprehensive Plan which continues t0 pr01110tC industrial and c011 mcrcial land uses In this area of the Northeast Frederick Land Use Plan. 3) Potential Impacts Site Access and Transportation. The County's Eastern Road Plan identifies a major collector road in the immediate vicinity of this property. Route 669 is anticipated to extend from its current alignment to the east, through the adjacent property, providing improved access to this area of industrial development. The traffic from this project would ultimately access the Route 1 1 /Route 669/Interstate 81 area. This iS all area that includes Identified illlpl'OVCIl1Cl7tS tO the County's road system including an improved major collector road, Route 669, an improved major arterial road, Route 11, and a new collector road through the Sempeles property. Some improvements in this area are anticipated to be completed by others through current and future rezoning applications. Access to the site is proposed to be via a single entrance onto Route 669. This application proposes no improvements to the County's road system in support Of this request. Alternately, the request provides for a monetary contribution for transportation improvements. This cash contribution is in the amount of $0.75 per building square foot, payable at the time of the building permit application. Based on the proposed cap of 102,500 square feet of building development, a maximum transportation contribution Of $76,875 may be generated by this rezoning request. The per Square foot amount Is Comparable to the cash component Of recent similar rezonings with a cash proffer amount. However, these rezonings were also doing additional improvements to offset their impacts and gain site access. For example the BPG rezoning was also doing frontage improvements and participating in a potential future signal and the Blackburn rezoning had to do significant berming along their Apple Valley Road frontage as well as bear the costs of connecting to Dawson Drive in order to provide additional access to the property. i 0 Rezoning 1107-15 Woodside Land Company, LLC November 30, 2015 Page 6 If the proposed monetary contribution is to be considered an acceptable alternative to the actual construction of physical improvements, it should be determined if the amount and timing of the contribution is sufficient given the potential use of tllc property. Unlike other recent rezoning applications, there does not appear to be an identified transportation improvement project in the vicinity of this project that is active and would be a good location for these funds to be allocated towards. Potential issues in the immediate vicinity include the railroad crossing and the alignment of Woodside Road, both of which are unaddressed in this rezoning. Additionally, there are a number of improvements in the area, such as the connection from Woodside to Route l 1 at the Rest Church Road intersection that are in the comprehensive plan specifically to address future truck traffic in this area. While that specific improvement is already proffered, this rezoning does not adds-css potential improvements needed to the intersection of Woodside and Route i I if this property should develop ahead of that proffered condition. The transportation impacts associated with this industrial land use should also be discussed further. In particular, with regards to the potential industrial land use that may be developed on the site. A cap of 102,500 square feet of building floor area is proposed. What impacts are associated with this amount Of development, and what impacts would occur should this cap be exceeded. No particular laud use has been proffered which could lead to a large variety in traffic impacts depending on the particular use. General Business Office use has a more intensive trip count than other industrial uses (Frederick County Rezoning Application). Other industrial uses may have a greater physical Impact oil the transportation network given the potential truck traffic. These factors are an important consideration not only in the vicinity of this site, but Further along the transportation network at iclentificci bottlenecks. Transportation improvements to Route 669, Woodbine Road, are anticipated in the future. Therefore, it is important that the right-of-way needs Ior the future improvements to Route 669 are accommodated, and that the application provides some contribution to transportation improvements resulting from the impacts of this new development. Those impacts should include those offsite improvements warranted by the development that may be farther away from the property. Frontage improvements in the immediate vicinity of this site should be addressed by the actual development of this site the width of the existing right-of-way and the width Of future expansion, beyond the previously identified hatch area, that would be necessary for improvements to Route 669 have not been identified. Dedication of any right-of-way should be included. At this time, no frontage improvements are proposed and no right-of-way dedication is provided. A more thorough evaluation of the existing road conditions in the immediate vicinity of this project should occur. It appears as though it is a rural paved section with limited width, acute turns, and a low water drainage structure/bridge over Duncan Run. To what extent would future improvements, presumably by others, impact the Duncan Run floodplain? This request should also include an evaluation of' the existing railroad crossing at the northwestern limits of the property to determine its capacity to accommodate industrial traffic. 0 • Rezoning 1107-15 Woodside Land Company, LLC November 30, 2015 Page 7 Eiwironmell. The site Contains a considerable amOUnt of environmental icatUl'CS, including most significantly, Duncan Run and its associated floodplain and wetlands. Therefore, the northwestern a portion of the site would be deemed to be undevelopable. Previously this area was identified as a hatched area on the Generalized Development Plan denoting a conservation area for storm water management. Improvements in this area are undesirable given the potential environmental impacts. The majority of the property however, contains no environmental features and would be ideal for industrial development. The Applicant evaluated if expanded water and sewer inli'astructure in this general area is needed and if so, whether this property would be able to contribute to those infrastructure needs. This could be done in Conjunction with the Frederick County Sanitation Authority (FCSA). Consideration should include the future needs of properties planned for industrial to the cast. To that end, the Applicant has proffered an casement for a production well for public use, 100' x 100' in size as shown On the GDP. This proflbr contains a sunset clause of December 31, 2018 if the well is not determined to be viable by the Frederick County Sanitation Authority by that time. Historical. The Impact Analysis identified that there are historical impacts associated with this application. Two historical Structures are located within the vicinity of the proposed rezoning; both were identified as potentially historically significant. The structures are Sarsaparilla Springs (#34- 0156) and Woodside (#34-0731). The HRAB reviewed this application at their September 15, 2015, meeting and had no recommendation to forward to the Planning Commission, stating that alterations had been made to the identified St1'L1CtL11'CS making them ineligible for the State registry. 4) Proffer Statement A) Allowed Uses: No restriction On land uses is proposed. All uses within the M2 (Industrial General) District would be permitted. It is noted that this is the most intensive of the County's zoning districts. B) Access Management and Transportation: The site is proffered to have one access point onto Route 669, as shown on the Generalized Development Plan. A cash contribution in the amount of $0.75 per building square foot is proffered for transportation improvements. No other transportation related proffers are offered. Rezoning 1/07-15 Woodside Land Company, LLC November 30, 2015 Page g C) Site Development: The Applicant has proffered that the total building floor area shall not exceed 102,500 square feet. This number is consistent with the amount of industrial development the Applicant modelled in their TIA. The Applicant has proffered an easement for a production well for public use, 100' x 100' in size as shown on the GDP. This proffer contains a sunset clause of December 31, 2018 if the well is not determined to be viable by the Frederick County Sanitation Authority by that time. D) Mitigating the Impact of Development: In addition to the above mentioned cash contribution for transportation improvements, the Applicant has proffered a cash contribution to Frederick County for Fire and Rescue purposes in the amount of $0.10 per building square foot. STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 20 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers to accommodate industrial uses. The property is located Nvithin the Sewer and Water Service Area (SWSA). In general, the proposed industrial land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. In addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an industrial development of this intensity without some significant improvements. The Applicant's approach is to provide cash contrlbut1011 ill the amount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately addressed by the Applicant. The application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is determined to be viable. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable, and the amount of the potential proffer, is appropriate. Any issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. PLANNING COMMISSION SUMMARY OF 10/21/15 MEETING: Staff reported this is a request to rezone 20 acres fi•om the RA (Rural Areas) District to M2 (Industrial General) District with proffers. Staff noted this property is on the cast side of Winchester & Western Railroad tracks and south of Woodbine Road. The Applicant has provided a GDP (Generalized Rezoning 1107-15 Woodside Land Company. LLC November 30, 2015 Page 9 Development Plan) for this 20 acre parcel and clearly shows the Woodbine Road right-of-way; Duncan Run and the associated flood plains on each side; highlights the proposed entrance location; and a potential well site for the County. Staff reported this is a relatively straight forward request however there are sonic issues that need to be addressed. The proffers for this rezoning were reviewed by Staff. It was noted the industrial land use designation is consistent with the Comprehensive Plan but it is important to recognize some of the impacts associated with this request may be addressed with the Applicant's proffer statement and the proffers primarily revolve around transportation. Staff' explained it is important to recognize the condition of Woodbine Road (Route 669) in the vicinity of this project. The road is relatively rural in condition; it includes a low water bridge crossing Duncan Run, and includes significant turns in the road itself. The long term Comprehensive Plan identifies a major collector road and Woodbine Road extending east front its Current location. Staff continued the potential cash contribution of $0.75 per building square foot has the ability to generate up to but no more than $76,875 for transportation improvements in that general area. Recognizing the scale of that and the cost of transportation improvements, that potential amount does not appear to address the improvements that may be needed to the road and to other transportation solutions in the general area. Mr. Timothy Stowe representing the Applicant came forward to address any questions or concerns. Mr. Stowe reiterated this project has been scaled to be able to work with the transportation network that is in place. The goal of the Applicant is to not generate more than 100 trips during peak hours. He noted the Applicant does realize the road is small, winding, and he feels this modest level of traffic will not overtax the roadway. A Commission Member inquired if the 100 units of traffic is truck traffic and if this site is for a warehouse. Mr. Stowe responded typically in a development similar in nature to this eight percent is truck traffic and the balance is usually employees and visitors. I -le noted the plan is for a warehouse on this site. A Commission Member requested clarification for the basis of the $0.75 per square foot. Mr. Stowe explained this amount has been used in previous projects that have been approved by the Board of Supervisors with very similar interests. A Commission Member voiced his concern with the Applicant's view on the traffic impact; would the existing condition of Woodbine Road structurally sustain eight percent of tractor trailer traffic without significant maintenance being performed especially with part of the road being located in a flood plain. I-Ie doesn't foresee the road being able to handle that type of trailic. Mr. Stowe noted there has not been any type of soil or pavement analysis performed. However at the present time there are trucks accessing the Frederick County Public Schools warehouse site on a regular basis as well as agricultural traffic and at times carrying heavier loads than a tractor trailer may hold. The Commission Member Inquired if this is an appropriate transportation system to accommodate the use. Mr. Stowe elaborated based on the Comprehensive Plan this is the direction the County has decided to go and this proposal is keeping within that plan. A Commission Member commented that with the $0.75 per square foot being used in the past for projects we cannot expect someone to do anything different at this point. I-Ie also expressed his 0 • Rezoning 1107-15 Woodside Land Company, LLC November 30, 2015 Page 10 appreciation of' providing an casement fora well if one is determined to be viable is being considered in the proffers for this project. A Commission Member asked will traffic intensity require a lot of road maintenance. Staff explained not having performed analysis of the roadway, he cannot speak to what is not known to be factual or to what that piece of pavement can or cannot handle. He expressed confidence that the road was not built to what VDOT would require today for construction of a new road. 1-Ie agreed this is a valid concern. A Commission Member requested Staff comment on the rail Situation at this location. It was noted they have viewed the site and the track appears to be very straight. If'M2 piece of property is the goal for this rezoning than this would be a prime candidate for rail siting and if so can it be accommodated with the length of its property boundary. Staff agreed that is accurate, the length looks good, and there are rail access funds available. There were no citizen comments for the Public Hearing. The Applicant came forward to answer any questions and to address any concerns. He explained the rail situation; currently it is Wincliester & Western Railroad; last year a second rail line was installed as a stacking/parking area that ran approximately 2000 linear feet down his property; since completion they have started a third line on the west side which means significant parking for Winclicster & Western Railroad. The Applicant addressed the concerns regarding Woodbine Road; from the railroad west to Route 1 1 was upgraded to tractor trailer status about 15 years ago; the road was widened approximately 18 inches on each side and capped. Iie explained the amount of roadway that is being addressed through the proffer is fi-oin the railroad to the turn which is not a very long distance. He agreed on the $0.75 per square foot proffer due to that amount being used previously on rezonings. The Applicant commented regarding tractor trailer traffic on Woodbine Road. He agreed the road would need to be upgraded and the part lie is speaking of is of minimal distance. A Commissioner commented he feels the transportation proffers are inadequate for this rezoning. Another Member noted lie feels this is a good application and that the County has to start somewhere to process more industrial uses. There \vere no further comments or questions at this time. A motion was made, seconded, and passed to recommend approval of this rezoning. Abstain: Oates Absent: Crockett EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 20 acres of land fi•om the RA (Rural Areas) District to the M2 (Industrial Gencral) District Nvith proffers to accommodate industrial uses. The property is located 0 0 Rezoning #07-15 Woodside Land Company, LLC November 30, 2015 Page 11 within the Sewer and Water Service Area (SWSA). In general, the proposed II1dUstrlal land use designation for this property is consistent with the current industrial land use supported by the 2030 Comprehensive Plan. With this rezoning, the Applicant has proffered that this project will contribute to transportation improvements in the vicinity of the property. However, no improvements have been identified. Ill addition, the existing State Road, Route 669, in the vicinity of this project does not appear to be of a standard that would support an industrial development of this intensity without some significant improvements. The Applicant's approach is to provide cash contribution in the amount of $0.75 per square foot of building. It does not appear as though the potential transportation impacts associated with this request have been adequately addressed by the Applicant. The application has identified an opportunity to assist the Frederick County Sanitation Authority in its search for additional resources by providing an easement for a well if one is determined to be viable. The Planning Commission, as noted in the meeting summary (page 8), discussed this item thoroughly and identified several issues with the transportation components of this request including the current condition of Route 669 and the rationale for the amount of the monetary contribution. Ultimately, the Planning Commission recommended approval of this request. UPDATE FOR THE 12/09/15 BOARD OF SUPERVISORS MEETING: At the November 12, 2015 meeting, the Board of Supervisors tabled this request and continued the Public Hearing. This provided the Applicant with the opportunity to meet with an adjacent property owner and to address the items discussed during the Board of Supervisors meeting, including transportation and the permitted uses allowed on the site. Subsequently, the Applicant submitted a revised proffer statement dated November 20, 2015. Tile Applicant has included two additional proffers; 1) to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike and Woodside Road prior to the approval of the first site plan (Proffer IA.), and 2) to prohibit several uses currently permitted in the M2 (Industrial General) District. The list of prohibited uses is f l then identified in Proffer 4 of the revised proffers. The above is ill addition to the modificatioIls to the proffer statement that were previously presented to the Board in a revision dated November 9, 2015, where the Applicant proffered an annual increase of $0.05 to the $0.75 per building square foot proffer to transportation improvements, (Proffer I .b.), and the dedication of right -of -ay along Route 838 as depicted on the GDP (Proffer Le.). Following the required public hearing, a decision regarding thi.y rezoning, application bV the Boai-d of Superhivor•s• Ivollld be appropriate. The Applicant should be prepared to a(leguately address all concerns raised by the Board oj'Supervisonv. S Applications Parcels Building Footprints Note: REZ N 07 - 15 Frederick County Dept of Woodside Land Company Planning Development 107 N Kent St PIN_ Suite 202 34 - A - 6D Winchester, VA 2260' Rezoning from RA to M2 540 - 665 - 5651 Map Created: September 29, 2015 Staff: mruddy 0 200 400 800 Feet 19 Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business. General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) = HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: REZ # 07 - 15 Frederick County Dept of Woodside Land Company Planning 8 De e onmene 107 N Kent .`• PIN: Suite 202 34 - A - 6D Winchester, VA 22601 Rezoning from RA to M2 540 - 665 - 5651 Map Created: September 29, 2015 Staff: mruddy 0 200 400 800 Feet • Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: Magisterial District: • NOV 2 i) 2015 RZ # 07-15 Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company June 22, 2015 August 26, 2015 November 9, 2015 November 20, 2015 Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #07-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #120009190 dated August 16, 2012. Proffers: 1. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. C� • b. The owner hereby proffers a cash contribution to Frederick County, for Transportation Improvements, of rate of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. This rate shall increase by $0.05 on January 1, 2017, and then increase an additional $0.05 annually thereafter. c. The owner hereby proffers to dedicate right of way totaling 0.822 acres, as shown on the GDP, to the County of Frederick within 60 days of Rezoning Approval. d. The owners hereby proffer to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike (Route 1 1) and Woodside Road (Route 838) prior to the approval of the first site plan. 2. Fire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority 4. Uses a. The owner hereby proffers a 100'x 100' easement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. The owner hereby voluntarily prohibits the following uses a. SIC 58 — Restaurants b. The following uses under SIC 7699541 i. Cesspool Cleaning Service ii. Septic Tank Cleaning Service iii. Sewer Cleaning Service c. SIC 29 — Petroleum refining and related industries d. SIC 348 — Ordinance and Accessories e. SIC 598 — Fuel Dealers f. SIC 242 — Sawmills and Planing Mills g. Junkyards, Automobile Graveyards, and Recycling Operations h. Manufacturing or Wholesaling of Explosives i. Incinerators j. Concrete and Asphalt Plants 2 0 0 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and 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 and Ordinance. Respectfully Submitted: By: of I H. Light, manager Da e Woodside Land Company, LLC Commonwealth of Virginia, City/County of FV-f Chi- To Wit: The foregoing instrument was acknowledged before me thisc2bday of November, 2015 Byti Notary Public Registration Number My Commission Expires -f - �j,� r9-o)0( KANOICE RENEE KESNER NOTARY PUpUC COMMONWEALTH OF YlAG"A MY COMMUMON 004M JULY 31, 2011 OOMMIUM / 76~ 0 • 34-(A)-5A GEORGE M. SEMPELES IDB 684, PG 730 ZONED: RA �O�pOPQ�� USE, i E: AGR 1 125.4 ACRES � 12000' RT. 11 � r _ �Rpp7E 664 WpppBIN�ROA - CROSS -HATCHED AREA DENOTES ADDI TIONAL RIGHT OF WA Y TO BE DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0, 822 ACRES 34-(A)-6D WOODSIDE LAND COMPANY, LLC, EX. ZONED: RA PR, ZONED: M-1 20.000 ACRES (19.178 REMAINING AFTER R. 0. W. DEDICATION) 200' D' 200' GRAPHIC SCALE 34-(A)-5C GEORGE M. SEMPELES DB 746, PG 193 ZONED: RA USE: AGR ±27 9 ACRES i i I i HATCHED AREA DENOTES A PROPOSED 100' x 100' WELL EASEMENT FOR THE FREDERICK COUNTY SANITATION AUTHORITY PER PROFFER #3. 34-(A)-6B WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA USE.' AGR f63.139 AC GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road GreyWo Ife, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA 22603 41 WOODSIDE LAND Gre Wolfelncnaaol.com Land Surveying and Consulting y COMPANY, LLC 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 SCALE: 1 " = 200' SHEET 1 OF 1 0 0 Page 1 of 1 Subj: RE: Woodside Land rezoning Date: 9/2/2015 8:26:07 A.M. Eastern Daylight Time From: rwillia@fcva.us To: Greywolfeinc(a)aol.com CC: mruddy(cD_fcva.us Gary, I am in receipt of your letter of August 26, have reviewed the revised proffer statement, and have no comments on it at this time. Thank you. Mal From: Rod Williams Sent: Tuesday, July 14, 2015 12:11 PM To: Gary Oates Cc: Mike Ruddy Subject: Woodside Land rezoning Gary — Please see the attached re the above item. Thanks. M Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a�fcva.us Please note new e-mail address: rwilliaCcDfcva.us Thursday, September 24, 2015 AOL: GreyWolfehic 0 9 COUNTY of FRED,+ RICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us July 14, 2015 VIA I; -MAIL AND REGULAR MAIL Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: Rezoning Application — Woodside Land Rezoning Proffer Statement dated June 22, 2015 Dear Gary: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 34- A-61) (the "Property"), 20.00 acres in the Stonewall Magisterial District, from the RA (Rural Areas) District to the M1 (Light Industrial) District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: My research did not find that the Property has yet been subdivided off as a separate parcel from Tax Parcel Number 34-A-613. If this does not occur prior to submission of the rezoning application, the rezoning application will need to include a meets and bounds plat of the area to be rezoned. Proffer Lb. — The proffer should identify the specific right of way area reserved and state the procedure for dedication of the right of way. Presumably, the procedure can call for a request by the County and then actual completion of the dedication within a specified period of time. Also, the designation of the right of way designation area as a component of stormwater management does not address how stormwater management Nvould be handled at the time of the dedication of the right of way. 107 North Kent Street o Winchester, Virginia 22601 0 0 Mr. Gary Oates July 14, 2015 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Michael T. Ruddy, Deputy Director of Planning & Development, Frederick County (via C-mail) 0 40 `,t,`V T Virginia Department ti os Transportation Light Property TIA, Frederick County, VA Summary of VDOT Review Comments July 31, 2015 Report Comments Staunton 1. Please update the Proposed Uses & Access section of the report to provide the proposed development intensity (102,500 square feet per the proffers) and a description of the proposed site access to Route 669. 2. The report is missing a plan at engineering scale that illustrates the proposed uses on the property, please provide. 3. Please update Figure 1 to include identification of existing uses within the Project Location Map. 4. The report and analysis does not take into account the trips to be generated or the transportation improvements associated with the Mr. Fuel Travel Center TIA prepared by Ramey Kemp & Associates. The Build year for the Mr. Fuel development is 2017. Therefore, the analysis of this submission's Design year of 2022 needs to include the proposed background trips and improvements associated with the Mr. Fuel Travel Center TIA. Please update the report as necessary. S. The trip distribution included in the report and used for future year analysis assumes 90% of trips from southbound Route 11 and 10% from northbound Route 11. However, of the 90% from southbound Route 11, only 40% are from Rest Church Road / 1-81 in the AM and 20% are to Rest Church Road / 1-81 in the PM. Please update the report and analysis to assume 80% of the site trips are from / to Rest Church Road / 1-81, 10% are from / to northbound Route 11, and 10% are from / to southbound Route 11. 6. Proffer 1.b states that a portion of the property along Route 669 will be reserved for right-of- way for potential future road improvements by Frederick County (as identified on the GDP). However, the proffer also states that until such time that said improvements occur, the area will be utilized as conservation area to meet SWM/BMP requirements for the proposed development. Please advise how this area will accommodate a future realignment of Route 669 if it is being utilized to meet the stormwater management requirements of the site? We also recommend removing the 30 year expiration period on the right-of-way. 0 Virg �,',' �VDOT' Virginia Department o� Transportation Staunton 7. The note on the Generalized Development Plan referencing the hatched area states, "the owner proffer to convey any portion of the area within 60 to the county...". Please clarify and revise the note accordingly. Synchro Comments The Synchro files for the existing year analysis are utilizing incorrect signal timing for the Rest Church Road / Route 11 intersection (should be 60-70 second cycle length as opposed to the 80- 110 second cycle length assigned in the models). While the signal timing sheet for the intersection is provided in the appendix, the Synchro files are using Max Splits from the Phase Data on page 1, instead of the Split Times on page 5 (signal is coordinated, as opposed to Semi - Actuated Uncoordinated as assigned in the Synchro models). Please utilize the Min. Green, Passage, Yellow, and All Red times from the Phase Data on page 1 and the Max Splits under the Split Times on page 5. Due to the short timeframe of the Build Out year, please use the existing signal timing for the existing year, 2016 Background and 2016 Build Out analysis. Update the report and result outputs as necessary. The 2022 Design Year analysis needs to incorporate the background traffic and transportation improvements from the Mr. Fuel Travel Center TIA prepared by Ramey Kemp & Associates. The Mr. Fuel TIA proposed protective/permissive left turn movements for the Rest Church Road / Route 11 intersection, utilizing flashing yellow arrow indicators (modeled in Synchro as Dallas phasing D.P+P designation). Please update the phasing in the 2022 Design Year models, optimize the signal timings, and update the report and result outputs as necessary. 10. The report is utilizing HCS 2010 analysis outputs in Synchro. This method does not automatically consider right turn on red movements and the volume must be manual entered in Synchro. Please review this input and update as necessary. The eastbound Rest Church Road right turn movement LOS may be inaccurately reported due to this issue. 11. Since Rest Church Road and US-11 is currently running as a protected -only left -turn phasing, any future year scenario that considers the use of protected/permissive left -turn phasing at that intersection shall also consider the impacts of using protected -only phasing (NOT using protected/permissive phasing). If a safety problem starts to develop with protected/permissive left -turn phasing, we will want to change it back to protected -only phasing and the impacts of that change will need to be evaluated. 0 • In response to your email dated 8/4/15 which contained review comments from VDOT, I offer the following responses: Report Comments 1. Please update the Proposed Uses & Access section of the report to provide the proposed development intensity (102.500 square feet per the proffers) and a description of the proposed site access to Route 669. Response — This update has been provicled 2. The report is missing a plan at engineering scale that illustrates the proposed uses on the property, please provide. Response — a plan has been aclded.1011owing the Proposed Use seclio77 of the report. 3. Please update Figure 1 to include identification of existing uses within the Project Location Map. Response — Figure I has been updatecl as irequeslecl. 4. The report and analysis does not take into account the trips to be generated or the transportation improvements associated with the Mr. Fuel Travel Center TIA prepared by Ramey Kemp & Associates. The Build year for the Mr. Fuel development is 2017. Therefore, the analysis of this submission's Design year of 2022 needs to include the proposed background trips and improvements associated with the Mr. Fuel Travel Center TIA. Please update the report as necessary. Response — Even though the re7o77ing for the Mr. Fuel project has not bee77 approvecl, the Ira.fic and proposed iinprovemerrls associated with the project have been inclucled in the 2022 design yecn- cumlysis as requestecl. 5. The trip distribution included in the report and used for future year analysis assumes 90% of trips from southbound Route 11 and 10% from northbound Route 11. However, of the 90% from southbound Route 11, only 40% are from Rest Church Road / 1-81 in the AM and 20% are to Rest Church Road / 1-81 in the PM. Please update the report and analysis to assume 80% of the site trips are from / to Rest Church Road / 1-81, 10% are from / to northbound Route 11, and 10% are from / to southbound Route 11. Response — The original trip dislributio77 was based on the existing distribution of lraf�ic in this intersection. PVhile other proposed projects inay ch•atii, their trips from I-81, this project is 1701 eapecled to, which hcrs been previously explained Nonetheless, the trip dislribiaion has beei7 revised as i-egiiested 6. Proffer 1.b states that a portion of the property along Route 669 will be reserved for right -of- way for potential future road improvements by Frederick County (as identified on the GDP). However, the proffer also states that until such time that said improvements occur, the area will be utilized as conservation area to meet SWM/BMP requirements for the proposed development. Please advise how this area will accommodate a future realignment of Route 669 if it is being utilized to meet the stormwater management requirements of the site? We also recommend removing the 30 year expiration period on the right-of-way. 0 Response — The proffer has been deleted. 7. The note on the Generalized Development Plan referencing the hatched area states, "the owner proffer to convey any portion of the area within 60 to the county... ". Please clarify and revise the note accordingly. Response — The note has been revi.s•ed. Synchro Comments 8. The Synchro files for the existing year analysis are utilizing incorrect signal timing for the Rest Church Road / Route 11 intersection (should be 60-70 second cycle length as opposed to the 80- 110 second cycle length assigned in the models). While the signal timing sheet for the intersection is provided in the appendix, the Synchro files are using Max Splits from the Phase Data on page 1, instead of the Split Times on page 5 (signal is coordinated, as opposed to Semi- Actuated Uncoordinated as assigned in the Synchro models). Please utilize the Min. Green, Passage, Yellow, and All Red times from the Phase Data on page 1 and the Max Splits under the Split Times on page 5. Due to the short timeframe of the Build Out year, please use the existing signal timing for the existing year, 2016 Background and 2016 Build Out analysis. Update the report and result outputs as necessary. Response — The synchro frles, output and report have been upclated. 9. The 2022 Design Year analysis needs to incorporate the background traffic and transportation improvements from the Mr. Fuel Travel Center TIA prepared by Ramey Kemp & Associates. The Mr. Fuel TIA proposed protective/permissive left turn movements for the Rest Church Road / Route 11 intersection, utilizing flashing yellow arrow indicators (modeled in Synchro as Dallas phasing D.P+P designation). Please update the phasing in the 2022 Design Year models, optimize the signal timings, and update the report and result outputs as necessary. Response — The 2022 design year has been updated to include the traffic cord proposed improvements from the j16% Fuel project. 10. The report is utilizing HCS 2010 analysis outputs in Synchro. This method does not automatically consider right turn on red movements and the volume must be manual entered in Synchro. Please review this input and update as necessary. The eastbound Rest Church Road right turn movement LOS may be inaccurately reported due to this issue. Response — Field counts were conducted to determine the percentage of right lm•ning vehicles that were turning right on red These percentages were applied to the various movements in the AjIll and PAI peak hom•s to determine the munber of RTOR movements. The model has been updated with these numbers. 11. Since Rest Church Road and US-11 is currently running as a protected -only left -turn phasing, any future year scenario that considers the use of protected/permissive left -turn phasing at that intersection shall also consider the impacts of using protected -only E phasing (NOT using protected/permissive phasing). If a safety problem starts to develop with protected/permissive left -turn phasing, we will want to change it back to protected - only phasing and the impacts of that change will need to be evaluated. Respa7se — This cnmalysis has evaluated the hitersection both wgj)s. Without the Dallas Permitted phis Protected phasing proposed by the Hi% Fuel proiecl, the traffic.fi•om III.. Fuel creates a LOS of D hi 5 of the movemenls. A copy of the updated report, synchro flies, proffers, generalized clevelopnient plan, and plat are attached. Thank you, Tim Stowc Stowe r>iginccring V 540.686.7373 1 f 540.301.11001 c 540.336.0656 C 11 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-106 1 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: GreyWolfe, Inc - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mai Iing Address: 1073 Redbud Road, Winchester, VA 22603 Location of property: Southern side of Route 669 about 2000' east of Route 11 and adjacent to Winchester & Western Railroad Current zoning. RA Zoning requested: K� Acreage: ZO Sanitation Authority Comments: Sanitation Authority Signature & Date: _ :Notice to Sanitation Authority - Please Return This Form to the Applicant 25 • • rr,J �� !1 i1 �`.,-ate 1L �! .' / li �:_ 1 '✓ L tt�y j �-1 � ti r--r �-� ,r., ,� � r r• � �f )' ri'�� hU r� rn �V�,J Po'I Utlicc Pok IS'%7 11IncIn^;ter%it iui.r226ll!-S3-7 June 29, 2015 Mr. Gary Oates GreyWolfc, Inc. 1073 Redbud Road Winchester. Vii-inia 22603 Ref.: Rezoning Plan Comments Woodside Land Company, LLC Tax Map # 3=I-A-6D Dear Sir: I'll. (510)36R IU61 Y:ra - (5.II1)SbR-1.129 rti �ti rr. resa-�cu t cr. ru m h%C 11. \1 nutlet, I'.Y.. li i{, rne� �r- /lirrclnr Per your request, a review of the proposed rezoning has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area served by the Authority. Based on the location both water and sanitary sewer service is available within a reasonable distance from the site. Sanitary sewer treatment capacity at the waste water treatment plant is also presently available. Sanitary sewer conveyance capacity and layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional load. Likewise, water distribution capacity will require the applicant to perform a technical analysis of the existing system within the area to be served to determine available capacity of both the potable water system and the ability to provide fire protection. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated casements may be requires and based on the layout Vehicular aCCCSS will need to be incorporated into the final design. All easements should be free from any encumbrance including permanent structures (fences, signs, etc.) and landscaping (trees, shrubs, etc.). Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the applicant in support of or in conjunction with this plan, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers and/or conditions which the Applicant may hereafter provide to Frederick County. Thant: you; Uwe F. Weindel, PE Engineer -Director • • 9 September 23, 2015 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Woodside Land Company Property Rezoning Property Identification Number (PIN): 34-(A)-6D Current Zoning District: RA (Rural Area) Dear Mr. Oates: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on September 15, 2015. The HRAB reviewed information associated with Rural Landmarks Survey Report, information from the Virginia Department of Historic Resources and information provided by the applicant's representative. This application seeks to rezone 20 acres from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers. The site is located on the eastern side of Winchester & Western Railroad and south of Route 669, Woodbine Road, about 2000' east of Route 11 (Martinsburg Pike). The proposed use of the property is industrial uses. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the proposed tower site or the surrounding areas as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies two historic structures located within the vicinity of the proposed rezoning. Both of these properties are listed as potentially significant. The sites that are listed in the survey are: • Sarsaparilla Springs (#34-0156) • Woodside (434-0731) After reviewing this information and the applicant's materials, the Historic Resources Advisory Board (HRAB) recommended the rezoning be sent forward to the Planning Commission and Board of Supervisors for review. The HRAB had no recommendations to forward due to the alterations that have been made to the structures which render them ineligible for the State Registry. • 0 0 • Mr. Gary Oates, LS-B, PE Re: Rezoning of the Woodside Land Company September 23, 2015 Page 2 Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP/pd cc: Lauren Murphy, HRAB Chair • 0 I REZONING APPLICATION FORM 2 4 2015 f FREDERICK COUNTY, VIRGINIA ' a To be completed by Planning Staff. �1 Fee Amount Paid $ Zoning Amendment Number Date Received 5 PC Hearing Date a I BOS Hearing Date I i 2-1 1 5 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office ol" the Commissioner of Ile, enue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates Telephone: (540) 667-2001 Address: 1073 Redbud Road, Winchester, VA, 22603 2. Property Owner (if different than above): Name: Woodside Land Company, LLC Address: 2973 Woodside Road Clear Brook, VA 22624 3. Contact person if other than above: Name: Gary R. Oates "Telephone: (540) 539-3834 Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 34-(A)-6D b. Total acreage to be rezoned: 20.000 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being d. e 111 rezoned): Current zoning designation(s) and acreage(s) in each designation: 20.000 ae. RA Proposed zoning designation(s) and acreage(s) in each designation: 20.000 ae. M-2 Magisterial District(s): Stonewall 12 E 5. Checklist: Check the following itei hat have been included with this application. Location neap '�/ Agency Conirnents % Plat V/- Dees _ ✓_ Deed to property _; �_ Impact Analysis Statement _; ✓,_ Verification of taxes paid Proffer Statement v Plat depicting exact meets and bounds for the proposed zoning district _ ✓_ Digital copies (pdi's) of all submitted documents, neaps 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: John H. Light, sole member 7. Adjoining Property: PARCEL ID NUMBER 34-(5)-5A & 5C 34-(A)-6B 34-(A)-6A 34-(A)-4 USE Agricultural Agricultural Industrial Industrial RA RA M-1 M-1 ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, Using road names and route nUrnbers): Southern side of Route 669 about 2000' east of Route 11 and adjacent to Winchester & Western Railroad IN E 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: 0 Non -Residential Lots: 0 Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Proposed Townhome: 0 Multi -Family: 0 Mobile Home: 0 Hotel Rooms: 0 Sauare Footaee of Proposed Uses _ Service Station: Manufacturing: W81'ChOIISC: 102,500 Other: I (we), the undersigned, do hereby respcctfully make application and petition the Frederick COUnty Board Of Supervisors t0 amend the zoning ordinance and to change the "zoning lllap of Frederick County, VII'glllla. I (We) alltllOI-iZC Frederick County Officials to enter the property IOr site inspection purposes. I (We) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public licaring and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of Illy (our) knowledge. Applicant(s): /J/� �r,, )<'N� Date:, Date: OWncl (s): Date: y Sr Date: 14 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd_Jloor of the Frederick Counly Administrnlive Building, 107 North Kent Slreel. Name and Property Identification Number Address NameGeorge Sempeles 331 Woodbine Road Clear Brook, VA 22624 Property 11 34-(A)-4, 5A, 5C Name Woodside Land Company, LLC 2973 Woodside Road Clear Brook, VA 22624 Property 1134-(A)-6B Name Lester Properties -VA 1111 2nd Avenue South Lester Prairie, MN 55354 Property 1134-(A)-6A Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property Il Name Property 11 K r r I NjFRsrATF81 ROUTE 11 MARTINSBUR�, PIKE lliJ � O NC'S'FS �?gJ�ROgO F,SjFRN b O \ O moo 6�'r �090 C Z ~n ti ~ —Fat Q) 03 o� 0 150007871. DU CAN RUN w0D0p/NE ROgp RT , SI TE 6 sT �ti ti i Lrp i��c r A41 OPO VICINITY MAP 1 ' = 2000' FINAL PLAT OF MINOR RURAL SUBDIVISION OF THE LAND OF WOODSIDE LAND COMPANY, LLC. STONEWALL MAGISTERIAL DISTRICT, FREDERICIC COUNTY, VIRGINIA JUNE 11, 2015 OWNERS CER77FICATE THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION SURVEY OF THE WOODSIDE LAND COMPANY, INC., AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACC DANCE WITH THE DESIRES O THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. "L` (� , CAI 1OHN H. UGHT, MANAGER OF WOODSIDE LAND COMPANY, LLC. COMMONWEALTH jPFY RGIN CITY/COUNTY OF T ' 7T.•THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF,`�1 n , 20f� BY: v In r 0W i NO/ITARYPUBUC /fl'144 J, �Chr�_/ .� PEGGY Ot! i•!NRM17 'E L / NOIAtt�' v81.IC SIG T REI NOTARYPUBUC REGISMAfto'• + 7623046 OE JiRGIN]A COMMONv/EAlit• tdY MARCH 111 201gIRE5 lfYCO• fl•1I55fON EXPIRESJII����U}� SEAL SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCEL CONTAINED IN THIS MINOR RURAL SUBDIVISION IS THE LAND CONVEYED TO WOODSIDE LAND COMPANY, INC. FROM JOHN H. LIGHT BY DEED DATED AUGUST 16, 2012, OF RECORD IN THE FREDERICK COUNTY CIRCUIT CLERK'S OFFICE AS INSTRUMENT 120009190. GAEI2Y V OATES, LAND SURVEYOR PARENT' TRACT APPROVAL PARCEL 34-(A)-68 83.288 AC. BY DEED ZONED: RA FR -DICK COUNTY SUBDIVISION A MINISTRATOR DATE FRED RICKTYSANITATIOOdN UTHORITY DATE �c✓ S- �PLTH OF(/ rpc 10 1 VIRGINIA DEPARTMENT OF TRANSPORTATION DATE U R. UA I t5 D', 1073 Redbud Road No.1518-B �j;:r GreyWolfe, Inc. Winchester, VA22603 G l•(1 S j GreyWolfelncLfa ao1,, com —� Land Surveying and Consulting 540-667-2001 OFC l9NQ S U M E�O� �' 540-545-4001 FAX DRAWN BY: CBC FILE NO: 0237 1 SHEET 1 OF 3 a NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN APRIL, 2015, 1. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO150D IN FLOOD ZONE A, AREAS SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD, AND FLOOD ZONE W, AREAS DETERMINED TO BE OUTSIDE THE D.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 1, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. BOUNDARY SURVEY NOT PERFORMED ON ENTIRE 34-(A)-6B PARCEL. FIELD SURVEY WAS PERFORMED TO MEET FREDERICK COUNTY SUBDIVISION REQUIREMENTS. AREA TABULATION TAX PARCEL ZONED USE ORIG. ACREAGE AD). ACREAGE 34-(A)-68 RA AGRICULTURAL 183.286 ACRES (BY DEED) t63.165ACRES (BY SUBTRACTION) 34-(A)-6D RA AGRICULTURAL N/A 20.000 ACRES R. 0. W. DEDICATION NIA 0.123 ACRES 183.288 ACRES (BY DEED) t83.288 ACRES ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE DB = DEED BOOK PG = PAGE O = PROPERTY CORNER FOUND 112 " REBAR UNLESS OTHER WISE STATED PP = POWER POLE PR. = PROPOSED AGR. = AGRICULTURAL R.O. W. = RIGHT OF WAY B = PROPERTY CORNER SET 5/8"X24"REBAR W177 1 YELLOW PLASTIC CAP — E — = OVERHEAD UTILITY LINES ri = CENTERLINE —X — = 4' WIRE FENCE FINAL PLAT OF A MINOR RURAL SUBDIVISION ,p-TH OF VU�A OF THE LAND OF WOODSIDE LAND COMPANY, LLC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 141 1073 Redbud Road !;;GreyWolfe, Inc. Winchester, VA22603 !' �' Land Surveying and Consulting Grey Wo/felncC�ao%com ` 540-667-2001 OFC * 540-545-4001 FAX FILE NO: 0237 DATE JUNE 11, 2015 SCALE: N/A SHEET 2 OF 3 • r v 34-(A)-5ALn / N GEORGE M. SEAIPELES / o DO 684, PG 730 / a, ►� / ZONED: RA / USE: AGR / f15.4 ACRES / ROUTE ROAD 669 WpppBINE pg 606, PG 646 /` \ f2000' r 550.96' / r © 1m RT. 11 P'P 60' BRL iO�p\� a, 10 I � 40�� Q�pt� ., 000 11 I PQ4wj 0=\ I � x NWLOT 37E(A) 60 11100DSIDE LAND COMPANY, LLC. 1 q, ZONED: RA USE. AGR ry I 20.000 ACRES 4i M I x 1� I J . I x I � I I I I I I I � I x� xixJ I 1 L—.--.— 10-----'--.J M a N Ln I i I 34-(A)-5C I GEORGE M. SEMPELES DO 746, PG 193 i ZONED: RA i USE: AGR 1 .127.9 ACRES i i HATCHED AREA DENOTES 5' HEREBY DEDICATED TO THE CdPNTY OF FREDERICK FOR P BLIC STREET PURPOSES r Ir � —— — — — — — — — — S 44013'53" W 99.85' 3 4-(A)-6B WOODSIDE LAND COMPANY, L L C 120009190 ZONED: RA USE. AGR RESIDUE: 163.165 ACRES (BY SUBTRACTION) N 6802718" W - 742,83' O O 200' 0' 200' GRAPHIC SCALE i CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD LENGTH CHORD BEARING C1 50.00' 76.79' 8705944" 69.46' N 3500726" W C2 225.00' 214.58' 5403833" 206.54' S 18026'50" E O��P�T H OF � �C 4wN I f2 C'� G R� R. R DATES v No. 1518-B FILE NO: 0237 FINAL PLAT OF MINOR RURAL SUBDIVISION OF THE LAND OF WOODSIDE LAND COMPANY, LLC, STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1` 1073 Redbud Road GreyWolfe, Inc. 6Vinchester, VA22603 —�Y Land Surveying and Consulting GreyW611e1nc@aoL.com w` 540-667-2001 OFC 510-545-4001 FAX DATE: JUNE 11, 2015 SCALE: 1 " = 200' 1 SHEET 3 OF 3 vll<t3INiA: Ffk.:DL RICK C OUNTY.SC:t. 1-his instrument of writing was produced to M oil o and ith certificate acknoMcklgement thereto annexCd 113 was admitted to record. -I-ax imposed by Sec. 58.1-81Me 9 4- S and 58.1-801 have been paid, if assessalx' 'Clerk • AMENDMENT p Action: PLANNING COMMISSION: October 21, 2015 - Recommended Approval BOARD OF SUPERVISORS: November 12, 2015 - Tabled Request; Continued Public Hearing December 9, 2015 K APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #07-15 WOODSIDE LAND COMPANY, LLC WHEREAS, Rezoning #07-15, Of Woodside Land Company LLC, submitted by GreyWolfe, Inc., to rezone 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers dated June 22, 2015, last revised on November 20, 2015, was considered. The property is located on the southern side of Route 669 about 2,000' east of Route l 1 and adjacent to the Winchester & Western Railroad. The property is further identified by PIN 34-A-61) in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 21, 2015 and recommended approval; and WHEREAS, the Board of Supervisors tabled the request and continued the public hearing on this rezoning on November 12, 2015; and WHEREAS, the Board of Supervisors continued the public hearing on December 9, 2015; 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 20.00 acres of land from the RA (Rural Areas) District to the M2 (Industrial General) District with proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #46-15 AN • • O -2- O n Ul This ordinance shall be in effect on the date of adoption. Passed this 9th day of December, 2015 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Blaine P. Dunn Aye A COPY ATTEST limic #Ai- AM: Brenda G. Garton Frederick County Administrator vtav,iNIA: FI..:DERICK COUN'N.SCS. This instrument of writing, was produced to me on at =15 m and with certiiicatc ackno%%!cdgement thereto annexed was admitted to record. 7'ax imlx)sed by Sec. 58.1-802 of S , and 58.1-801 have been paid, if assessable. yea , Clerk PDRes #46-15 BOS Res. #044-15 • 1506112327 Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: • RZ # 07-15 Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company June 22, 2015 August 26, 2015 November 9, 2015 November 20, 2015 Magisterial District: Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #07-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument # 120009190 dated August 16, 2012. Proffers: 1. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. 0 O —o CD C) O b. The owner hereby proffers a cash contribution to Frederick County, for ^� Transportation Improvements, of rate of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. This rate shall increase by $0.05 on January 1, 2017, and then increase an additional $0.05 annually thereafter. c. The owner hereby proffers to dedicate right of way totaling 0.822 acres, as shown on the GDP, to the County of Frederick within 60 days of Rezoning Approval. d. The owners hereby proffer to enter into a signalization agreement with VDOT for a traffic light at the intersection of Martinsburg Pike (Route 11) and Woodside Road (Route 838) prior to the approval of the first site plan. 2. Fire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority a. The owner hereby proffers a I00'x100' easement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. 4. Uses 1. The owner hereby voluntarily prohibits the following uses a. SIC 58 — Restaurants b. The following uses under SIC 7699541 i. Cesspool Cleaning Service ii. Septic Tank Cleaning Service iii. Sewer Cleaning Service c. SIC 29 — Petroleum refining and related industries d. SIC 348 — Ordinance and Accessories e. SIC 598 — Fuel Dealers f. SIC 242 — Sawmills and Planing Mills g. Junkyards, Automobile Graveyards, and Recycling Operations h. Manufacturing or Wholesaling of Explosives i. Incinerators j. Concrete and Asphalt Plants 0A The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and 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 and Ordinance. Respectfully Submitted: J" o H. Light, manag� Da e Woodside Land Company, LLC Commonwealth of Virginia, City/County of Ft-f AQ6 tf- To Wit: The foregoing instrument was acknowledged before me this r `day of November, 2015 By a_ xL`+-Lug �► 1 .r Notad Public Registration Number My Commission Expires - 19-0 Ici KANINCE RENEE KE8NEA NOTARY PUKX COMMONWEALTH OF vIR( w UY COMMISSION D(PF&S AXY 71, 2019 COMMISSION 17649W -v O O W E RT. 11 0 O W CK ti ��z �N� W � 3C oc� Q�z W O O W p � V%0 V 3 34-(A)-SA GEORGE M. SEMPELES I DB 684, PG 730 ZONED: RA i USE: AGR 1 125.4 ACRES P Q �� 0 ti o�poPP ti0 O�� QQQ-�PQ-�� ti PQ k i _ UtE u 669 Rp V6 OO_LEROAD CROSSHATCHED AREA DENOTES ADDITIONAL RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0.822 ACRES 34-(A)-6D WOODSIDE LAND COMPANY, LLC. EX. ZONED: RA PR. ZONED: M-1 20.000 ACRES (19.178 REMAINING AFTER R. 0. W. DEDICATION) 200' 0' 200' GRAPHIC SCALE I34-(A)-5C GEORGE M. SEMPELES DB 746, PG 193 ZONED: RA I USE: AGR f17.9 ACRES i I HATCHED AREA DENOTES A PROPOSED 100' x 100' WELL EASEMENT FOR THE FREDERICK COUNTY SANITATION AUTHORITY PER PROFFER A'3. I i 34-(A)-6B WOODSIDE LAND COMPANY, LLC 120009190 ZONED:RA USE: AGR f63.139 AC GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road G r e y W o I f e, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA 22603 WOODSIDE LAND Greywoifelnc(daoi.com Land Surveying and Consular COMPANY, LLC 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 n • Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: Magisterial District: RZ # 07-15 Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company .June 22, 2015 August 26, 2015 November 9, 2015 Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #07-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #120009190 dated August 16, 2012. Proffers: 1. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. b. The owner hereby proffers a cash contribution to Frederick County, for Transportation Improvements, of rate of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. This rate shall increase by $0.05 on January 1, 2017, and then increase an additional $0.05 annually thereafter. The owner hereby proffers to dedicate right of way totaling 0.822 acres, as shown on the GDP, to the County of Frederick within 60 days of Rezoning Approval. ". Fire & Rescue The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority a. The owner hereby proffers a 100'x100' easement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and 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 and Ordinance. Respectfully Submitted: By: 8-�— 1, ado�-, c1 Jo . Light, manager Da Woodside Land Company, LLC Commonwealth of Virginia, City/County ofC To Wit: The foregoing instrument was acknowledged before me thisaday of IV Q<1. , 20 1 B^J (-)�) it i I- . LI Q of. My Commission Expires��� �s 8� asa Registration Number TAIAMIE J. STEVERS NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT. 31, 2018 COMMISSION 0 7589252 0 • RT. 11 34-(A)-5A GEORGE M. SEMPELES DB 684, PG 730 ZONED: RA i USE: AGR i 125.4 ACRES Q �o01 ti Q i ROUTE 669 WOODBINE ROAD - J OJT Q' CROSS -HATCHED AREA DENOTES ADDITIONAL RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0.822 ACRES 34-(A)-6D WOODSIDE LAND COMPANY, LLC, EX. ZONED: RA PR. ZONED: M-1 20.000 ACRES (19.178 REMAINING AFTER R. 0. W. DEDICATION) 200' 0' 200' GRAPHIC SCALE I34-(A)-5C GEORGE M. SEMPELES DB 746, PG 193 I ZONED: RA USE: AGR ±27.9 ACRES i i I i HATCHED AREA DENOTES A PROPOSED 100' x 100' WELL EASEMENT FOR THE FREDERICK COUNTY SANITATION AUTHORITY PER PROFFER #3. 1 1 41 34-(A)-68 WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA USE: AGR f 63.139 AC GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road G r e y W o I f e, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA 2260 WOODSIDE LAND GreyWoifelnc@aoi.con- Land Surveying and Consulting COMPANY, LLC 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 • Reng: F- 2015 Property: _ Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: Magisterial District: 7-15 Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company June 22, 2015 August 26, 2015 November 3, 2015 Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John H. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #120009190 dated August 16, 2012. Proffers: 1. "Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. b. The owner hereby proffers a cash contribution to Frederick County, for Transportation Improvements, of $0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. • c. The owner hereby proffers to dedicate a 50' strip of land, as shown on the GDP, containing 0.40 acres to the County of Frederick prior to the approval of the Master Development Plan or upon request by the County of Frederick: whichever occurs first. ?. F ire & Rescue a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority a. The owner hereby proffers a 100'x100' easement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and 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 and Ordinance. Respectfully Submitted: By: Jon H. Light, manager D to Woodside Land Company, LLC Commonwealth of Virginia. City/County of To Wit: The foregoing instrument was acknowledged before me this By Notary Public My Commission Expires /) • /-d--Q) % S day of %�U✓ , 20 ,)V6)-7/ Registration Number LAURIE D. VIRTS NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31, 2017 COMMISSION 0 7246771 2 • • 34-(A)-5A 34-(A)-5C GEORGE M. SEMPELES OB 684, PG 730 P QS�� P GEORGE M. SEMPELES ZONED: RA pj qR i DB 746, PG 193 �(3 ��`� i USE: AGR • ��, fit. '�, ZONED: RA �� i 125.4 ACRES ti I QQ��P�P 127.9 ACRES I _ 669 ROTE WOOpgINE ROAO HATCHED AREA DENOTES f2000' A PROPOSED 100' x 100' RT, 11 WELL EASEMENT FOR THE FREDERICK COUNTY PCB SANITATION AUTHORITY PER PROFFER #3. CROSS -HATCHED AREA DENOTES A PROPOSED 50' i STRIP OF RIGHT OF WAY i TO BE DEDICATED TO THE COUNTY OF FREDERICK CONTAINING 0.40 ACRES "31� b W z 34-(A)-6D WOODSIDE LAND COMPANY, LLC, G') o o EX. ZONED. RA PR. ZONED: M-1 z z 0 0 20.000 ACRES �- z Q�? boo o s 34-(A)-6B WOODSIDE LAND COMPANY, LLC 120009190 ZONED: RA 200' 0' 200' USE: AGR f63.139 AC GRAPHIC SCALE GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road G r e y W o I f e, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA 22603 WOODSIDE LAND GreyWolfelnc@aol.com Land Surveying and Consulting COMPANY, LLC 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: NOV. 3, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised Date of Proffers: Magisterial District: RZ # -15 Area: 20.000 acres Tax Parcel 34-(A)-6D Woodside Land Company, LLC Woodside Land Company ,June 22, 2015 August 26, 2015 Stonewall 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 offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -15 for rezoning of 20.000-acres from the RA (Rural Areas) Districts to M-2 (Industrial General) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the 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 this owner and their legal successors, heirs, or assigns. The Properties are more particularly described as the lands conveyed to Woodside Land Company, LLC, from John I -I. Light, as recorded in the Frederick County Circuit Court Clerk's Office as instrument 4120009190 dated August 16, 2012. Proffers: 1. Transportation a. The site shall be accessed via a single entrance onto Route 669 as shown on the Generalized Development Plan (GDP) to be made part of this proffer as Exhibit A. Furthermore, the total building floor area shall not exceed 102,500 square feet, per the Transportation Impact Analysis by Stowe Engineering. • b. The owner hereby proffers a cash contribution to Frederick County, for Transportation Improvements, of `fi0.75 per building square foot, to be paid with application for building permits. The term "building square foot" shall be the combined floor area for each story. 2. Eire & Rescue The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. Frederick County Sanitation Authority a. The owner hereby proffers a 100'x100' casement as shown on the GDP for a production well for public use. This easement shall expire on December 31, 2018, if the well is not viable as determined by the Frederick County Sanitation Authority. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and Successors in the interest of the owner and 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 and Ordinance. Respectfully Submitted: By: John I -I. Light, manager Date Woodside Land Company, LLC Commonwealth of Virginia, City/County of To Wit: The foregoing iilStrui-nent Was acknowledged before me this clay of 320 By Notary Public My Commission Expires Registration Number 2 0 34-(A)-5A / G508GE M, SEMPELES �O �ti/ I 34-(A)-5C / DB 684, PG 730 LP Q �� P /, I ZONED: RA GEORGE M. SEMPELES D 3 �O�P I USE: AGR / �• �� '� / �� ZONED: A I 125.4 ACRES / Q�� P� f27 9 ACRES tiQ I / 669 31 n n ROUTE I WpE ROAD�� / I 0DBIN w 12000' RT. 11 F � I `� � HATCHED AREA DENOTES £ A PROPOSED WELL ell EASEMENT FOR THE F M FREDERICK COUNTY £ loe SANITATION AUTHORITY PER PROFFER #3. 01 i o w �' ski 34-(A)-6D WOODSIDE LAND COMPANY, LLC. o W m EX. ZONED: RA PR. ZONED: M-1 a o 20. 000 ACRES Q�sti boo 34-(A)-68 WOODSIDE LAND COMPANY, LLC X. 120009190 ZONED: RA 200' 0' 200' USE AGR 163,139 AC GRAPHIC SCALE GENERALIZED DEVELOPMENT PLAN 1073 Redbud Road G r e y W o I f e, Inc. FOR THE REZONING OF THE LANDS OF Winchester, VA 22603 �w Land Surveying and Consulting WOODSIDE LAND COMPANY, LLC GreyWolfelnc@aol.com 540-667-2001 OFC STONEWALL MAGISTERIAL DISTRICT 540-545-4001 FAX FREDERICK COUNTY, VIRGINIA FILE NO: 0237 DATE: AUG. 26, 2015 1 SCALE: 1 " = 200' SHEET 1 OF 1 Rezoning Comments RECEIVED JUN 22 1015 Frederick County, fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstonc Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstonc Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick Coutrty ' Fire N4arshal with his review. Attach a copy ofyour application form, location neap, profferstatement, impact analysis, and any ofher pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS-t3, PE 'I'clephone: 540-667-2001 Mailinc Address: 1073 Redbud Road, Winchester, VA 22603 Location o f property: Southern side of Route 669 about 2000' east Current zoning: RA of Route 11 and adjacent to Winchester & Western Railroad Zoning requested: Nt-1 __ Acreage: ZO-O Fire Marshal's Comments: Signature & Date: �"%�- CAlf /� Fire Marshals Notice to Fire Marshal - Please Retut'n This Form to the Applicant 22 M 6 0 Frederick County Department o f Fire and Rescue Office o f the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: filtoa feva.tts Plan Review & Comments Date Received 6/22/2015 Date Reviewed 6/30/2015 Plan/Perrnit Type Rezoning Application Name Woodside Land Co. Address Woodbine RD CLEAR BROOK VA 22624 Project Name Applicant Narne & Number RE# Permit Number Rezoning GreyWolfe, Inc - 540-667-2001 ,f Emergency Vehicle Access: Adequate Inadequate [,;IA Hydrant Location: Adequate Inadequate Siamese Location: Adequate Inadequate h! Fire Lanes Required: Yes No N:A Plan Approval Status Approve Comments Rezoning from RA (Rural area) to M-1 (Light industrial) Signature: "'Z< Reviewed By: Kenneth Scott, Jr. Title: Fire Inspector 0 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Mr. Gary R. Oates, P. E. Grey Wolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 July I, 2015 RC: Rezoning Application for the Woodside Land Company, LLC Frederick County, Virginia Dear Mr. Oates: We have completed our review of the rezoning application for the 20 acre parcel owned by the Woodside Land Company, LLC and offer the following comments: Impact Statement: We concur with the application's reference to the proposed development meeting the county's and the Commonwealth's specifications related to road design and stormwater management. We anticipate that the development will also require upgrading Route 669, (Woodbine Road), to accommodate the proposed industrial traffic as well as stormwater runoff. The existing road has a gravel surface and a low water crossing at its intersection with Duncan Run. We will grant our approval of the proposed rezoning with the understanding that the above comment will be considered in the design of the future industrial park. Sincerely, Harvey C. Strawsnyder, Jr., P.C. Director of Public Works 1-IES/ris cc: Planning and Development file 107 North 1<cnt Street, Sccond I`loor, Suite 200 9 Winchester, Virginia 22601-5000 Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred-Winc Service Authority Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service ALrthority with their review. Attach a copy ofvour application Ibrm, location map, proffer statement, j impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS-13, P6 'Telephone; 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, VA 22603 Location of property: Southern side of Route 669 about 2000' east of Route 11 and adjacent to Winchester & Western Railroad Current zoning: RA Zoning requested: ; Acreage: - Fred-Winc Service Authority's Comments: Fred-Winc Service ALlthol'it, s Signature & Date: Notice to Fred-Winc Service Authority - Please Return Form to Applicant Rezoning Comments Fi-ederick County Departnlent of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 hIand deliver to: Freclerick County Department of Narks 8c Recreation County Administration 131clo., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Departnlent of Parks 8c Rccrcation with their review. Attach a copy of your application form, location map, proffer 1 statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS-B, PE 'I'clephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, VA 22603 Location of property: Southern side of Route 669 about 2000' east of Route 11 and adjacent to Winchester & Western Railroad Current ZOnillg: RA Zoning requested: Acreage: Department of Parlcs & Recreation Comments: �LL i-Ls &'- ILL-C.y�c� ���!�j— L) t'1 l; Le-Aq1��'��5---- — — ✓ �.$ LI LP /nl mil_ As. & Rec. Signature & Date; Notice to Department of Pa Vic. & Rccrcation - Please Return This Form to the Applicant 23 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: E\eeutiVe Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: EXCCutive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS-B, PG Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, VA 22603 Location of property: Southern side of Route 669 about 2000' east of Route 11 and adjacent to Winchester & Western Railroad Current zoning: RA Zoning requested: M" Acreage: ZO Winchester Regional Airport's Comments: No impn�\o 0,\c - eti c- cm Winchester Regional Airport's Signature & Date: ,� Notice to Winchester Regional Airport - Please Return Form to Applicant -Ift 0 0 Page I of I Subj: Woodside Land Company warehouse rezoning application Date: 6/30/2015 1:02:33 P.M. Eastern Daylight Time From: leew(@fcpsk12. net To: greywolfeinc@aol.com CC: orndorfa cDfcpskl2.net, Grubbsi(Dfcpsk12.net, Sovined(cDfcpsk12.net, CrismanT a,fcpskl2.net Gary, Good afternoon. We have reviewed the above -referenced application. We offer no comments. Thank you for the opportunity to comment. Wayne Kenneth Wayne Lee, Jr. LEED AP Coordinator of Planning and Development Frederick County Public Schools 1415 Amherst Street P. 0. Box 3508 Winchester, VA 22604-2546 leewefcpskl2. net (office) 540-662-3889 x88249 (cell) 540-333-2941 CONFIDENTIALITY NOTICE: This email message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient, please contact the sender by reply email and destroy all copies of the original message. All communications may also be subject to Virginia's Freedom of Information Act 'I'ucsday, .lone 30, 201.5 A01,: (ireyWolle1nc R Impact Statement For consideration of Rezoning the lands for Woodside Land Company, LLC Stonewall Magisterial District Frederick County, Virginia August 26, 2015 Tax Map Numbers 34-(A)-6D Total Area: 20.000 acres Owner of Record: Woodside Land Company, LLC 2973 Woodside Road Clcar Brook, VA 22624 (540) 539-3834 Contact: Gary R. Oates, LS-B, FIE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax Woodside Land Company, LLC Introduction The site is located on the eastern side of Winchester & Western Railroad and south of Route 669, Woodbine Road, about 2000' cast of Route I I (Martinsburg Pike). The parcel is currently zoned RA and is currently used for agriculture. The parcels lies within the Sewer and Water Service Area. The proposed use for the site is Light Industrial General (M-2), with a Cap of 102,500 sf of- building floor area. The applicant is seeking this change in zoning to create a more viable Il1CIUstrlal paI-CCI COnS1StCnt with the Frederick COU11ty CO111pI-C1lCIlSlve Plan. The 2030 Frederick County Comprehensive Plan contains the Northeast Land Use Plan which designates the area of this 1-czoning shall be 111CILIStrial. There are not any Developmentally Sensitive Areas nearby nor any Public Facilities. Existing Conditions The property is used for agriculture. The stormwater drains generally to Duncan Run to the north. Comprehensive Planning The 2030 Frederick County Comprehensive Plan contains the Northeast Land Use Plan which designates the area Of this rezoning shall be Industrial. There are not any Developmentally Sensitive Areas nearby nor any Public Facilities. The benelit to Frederick County by approving this rezoning will be a positive economic impact from businesses through taxes, as well as Cnlploymcllt opportunities for its citizens. Proposed Development The site will be graded, landscaped, and roads installed that will Il1CCt Cul-i-Cllt County and Commonwealth specifications. Physical Impacts A portion of the site is located within the 100 year flood plains per FEMA Flood Map No. 51069C0150D. This area will be utilized as a conservation area for stormwater management. The ability for the County to reClucst any portion of this for road improvements is reserved. Access the site will be via one commercial entrance onto Route 669 and installed per Frederick County Zoning Ordinance. Stormwater quality and qualltity Shall utiliZC Orgalllc BN/111's SUCIl as grass swales, b1O-retention cells, and artificial wetlands. 1 SLII-I-OLII1Cliln9 Properties The site is bounded to the north by Route 669 and RA zoned land Owned by George Sempeles that is comprehensively planned for additional industrial LISCS consistent With the rest Of his Illdllstrlal park, to the west by Winchester & Western railroad, and to the east and South by agricultural fields owned by the applicant. Past the road and railroad are M- I (Industrial Lands). Traffic Impact and Analysis Report by Stowe Engineering is available upon request if' not already provided. The Eastern Road Plan Calls for the section Of Woodbine Road along to the frontage to be improved to a major collector and the alignment to shift northwards to Straighten the road. Since right Of Way will be needed from neighboring parcels to accomplish this realignment; a cash COntI'IbLItIOII Of $0.75 pCl' SClllare of bLllldlllg area has beCln proffered for future transportation needs in the area. This is Consistent with the BPG and Blackburn rezoning applications that have been accepted by the County. Furthermore, the application has proffered to restrict the building footprint to 102,500 sf. This restriction keeps the traffic below the threshold of the VDOT Chapter 527 requirements, limits the peak hour traffic to less than 100 vehicle trips per hour, and maintains a level of service C for the intersection of Route I 1 and Woodbine Road where almost all traffic will come from. Finally, the condition of Woodbine Road and the railroad crossing are adCgliate for the existing and proposed use. Additional traffic front future rez011ingS may necessitate improvements the railroad crossing, low water crossing, and road alignment and pavement section. Sewer Conveyance and Treatment There is a pump station at the intersection of W&W and Route 669 about 150' from this property. The applicant will be responsible for installing Sleeves Linder the railroad and Route 669 to reach the punnp station. Furthermore, the applicant will be responsible for any upgrades or improvements to the existing pwnp station necessary to receive his effluent. This development is expected to employ 51 people based on the capped floor area, and generate 765 gpd. Watcr SLIMAY The FCSA has a water line on ROUIe 669 that will accessed similar to the sewer. The expected Water demand Will be 765 gpd for CnlployccS, plus an additional 1,000 gpd 101- WaSh ClOwil uses. The water line bl-OLlght to the SILO will be a I111Il1ill11111 Of g" Ill diameter to provide fire protection. Furthermore, the OWI1C1' has pi'OffCI-Cd t0 grant an easement to the Frederick County Sanitation Authority for a production well. The well 2 site is identified in FCSA's studies and the easement shall remain permanent if the well is a viable source to supplement the public water system. Drainage The stormwater runO1T drains to the north into Duncan Run. The applicant will be required to implement BMP's and OthCi- devices to meet the Commonwealth of'Virginia's requirements as required by DEQ. Solid Waste Disposal The Civil Engineering Reference Manual, 4`I' edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. A 102,500 sf development will yield 554 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact There are two historical Impacts associated with this applicatloll. The first is a house ownerd by George Sempeles and felel-fed to in historical documents as the "Joseph Payne I-IOuse", "Locust Level" and "Sasparilla Springs". It is furthered identified by the Virginia Department of Historic RCSOLII-CCS as DI-IR-034-0156. It is a Federal style home made of brick and built in 1840. The owner has developed the surrounding land into an industrial park. This house is situated 175' north of the proposed rezoning and is screened by evergreens along the road. The second house is owned by David Gum and known as the "Branson- Stephenson-Huyett-Light House". It is I-urther identified as DHR-034-0731. The architecture is a Federal/Adamesque and It was built Cil-Ca 1840. It is situated along Woodside Road 1500' east of the proposed rezoning. Educational Impact This development will not create additional SLudCIAS fOr the Schools. Police, Fire, and Rescue Impact The development will increase the bllydell on fire alld I-CSCLIe. The applicant is offering a proffer of $0.10 per constructed building square foot to the County fOr fire and rescue services. 3 • 0 Parks & Recreation_ Impact This development is not expected to increase population; therefore, no meaSUrable impacts are predicted. Soils The soil types identified on the General Soil Map ol'the Soil Survey of Frederick County. Virginia are Carbo-Oaklet-Rock Outcropping (417C) and Carbo-Oaklet Silt Loams (#3213) as shown on map sheet 19. These soil types are clay with an abundance of limestone rock. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography. Care should be taken to explore for sinkholes and caverns prior to any excavation or development. FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed Apr. 1 Business License tax due June 5 First Half Taxes Due Personal property Real Estate Sanitary District Street Lights Start Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary District Street Lights Star Fort Vehicle license tax Dog tags renew upon expiration of rabies certification Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 E-Mail Address borndoff(@co.fredericic.va.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm H T A X R E C E I P T - Y E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2015 REAL ESTATE 83.29 ACRES 34 A Acres: Land: 33316 Imp: WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624 1344 Pt- by 0 2 0 1 5 Ticket #:00436300001 @@ Date 5/29/2015 Register: LBX/RW Trans. #: 75499 Dept # RE201501 ACCT# 8028197 Previous 6B Balance $ 93.29 83.29 Principal Being Paid $ 93.29 0 Penalty $ .00 Interest $ .00 Amount Paid $ 93.29 *Balance Due as of 5/29/2015 $ .00 Check# 051404260001031$ 93.29 7677-189 EBY/law CD N 120009190 THIS DEED, made and dated this 1 Gh day of August, 2012, by and between JOHN 11. LIGHT, hereinafter called the Grantor, and WOODSIDE LAND COMPANY, LLC, a Virginia limited liability company, hereinafter called the Grantee. WITNESSETII: That for and inconsideration of the sum of Ten Dollars (S 10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, thereon and appurtenances thereto belonging, all of the following realty: PARCEL ONE - Frederick County Tax Map 1/34-1-A: All of that certain parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 123.73 acres, more or less, situate about two miles north of Clearbrook, in Stonewall Magisterial District, Frederick County, Virginia, adjoining the lands of Mrs. Edna Light and John W. Anderson and Routes 668 and 671. PARCEL TWO - Frederick County Tax Map 04-A-8A: All that certain tract of land, together with all rights, rights of way, privileges and appurtenances thereto belonging, containing 77.3205 acres, more or less, situated on Route 671 about eight miles North of' Winchester, in Stonewall Magisterial District, Frederick County, Virginia. PARCEL THREE - Frederick County Tax Map #34-A-129A: All of that certain tract of land containing 5.004 acres, more or less, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, designated as Tract 1, which is more particularly described by metes and bounds on the plat and survey of L. Allen Ebert, L.S., and Lee A. Ebert, L.S., dated April 5, 1988, attached to Deed dated November 23, 1988, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 699, page 180, and incorporated herein by reference. AND BEING the same property conveyed to John 1-1. Light from John H. Light and Donna Carper, Trustees of The MJL Trust 1/1 of October 19, 2009, by Deed dated August 16, 2012, of record in the aforesaid Clerk's Office immediately preceding recordation of this Deed, and by Deed dated October 19, 2009, of 0 10 0 fV Ul record as Instrument Number 09001 l 535. Reference is hereby made to the aforesaid deeds, plats, instruments and the references contained therein for a further and more particular description of the property conveyed herein. PARCEL FOUR - All of those two certain lots or parcels of land, lying and being situate southeast of Virginia Route 671, in Stonewall Magisterial District, Frederick County, Virginia, the first containing 13.385 acres, more or less, and designated as Parcel A on the plat next hereinafter mentioned (Frederick County Tax Map 1134-A-129E); and the second containing 23.615 acres, more or less, and designated as Parcel B on the plat and survey of Thomas A. Shockey, L.S., dated November 7, 1994, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 820, at Page 798, et scq. (Frederick County Tax Map 04-A-129F); AND BEING the same properly conveyed to John 1-1. Light from Mary Jane Light by Deed dated October 19, 2009, of record in the aforesaid Clerk's Office as Instrument Number 09001 1535. PARCEL FIVE - All of that certain tract of land containing 83,2884 acres, more or less, lying South of Route 669 about 8 miles Northeast of Winchester, Virginia, in Stonewall Magisterial District, Frederick County, Virginia, bounded on the West by the property of Conrail Railroad on the North by said Route 669, on the East and South by the property of Hyutt G. Light and wife and other lands, more particularly described as the 83.2884 acre tract on the sketch attached to the next hereinafter mentioned deed (Frederick County Tax Map P34-A-613); AND BEING the same property conveyed to John Ylyutt Light (also known of record as John H. Light) from David 13. Good, J. Duncan Brown and Donald M. Brown, Executors of the Estate of R. Marshall Brown, 1-I. K. Benham, III, Ancillary Administrator of the Estate of R. Marshall Brown, and Sharon L. Brown, widow of R. Marshall Brown, by Deed dated July 10, 1984, of record in the aforesaid Clerk's Office in Deed Book 579 at Page 625. Reference is hereby made to the aforesaid deeds, plats, instruments and the references contained therein for a further and more particular description of the property conveyed herein. The Grantor does hereby covenant that lie has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and 0 �J encumbrances; and it will grant such further assurances of title as may be requisite. This conveyance is made subject to all legally enforceable restrictive covenants and casements of record affecting the aforesaid realty. WITNESS the following signature and seal: \A . — (SEAL) JOHN 1-I. LIGHT STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1, Leona A. Winger, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that John Fl. Light, whose name is signed to the foregoing Deed, dated this 16"' day of August, 2012, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 16"' day of August, 2012. �0 'NOTARY '. 9 - PUBUG * ; RVG, tl7051rat V 'C. ; tSStON r ¢ C, O .: 1' $ ALI '11u,,,,,,,,, Notary P blic My Commi ton Cxpires: � 31, 2014 v1RG1N1A: PRcDERICK COUNTY.SCf. This instrument of writing was produced to me ob at and with certificate ackno%%lcdgcmcnt thereto was admitted to record.Tax iinpused by Soc.3&1-=4W 5 XE and 58.1-Ml have been pakl, iif71tS594WAWI . 4e."4 �0 %., , Oak 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 24, 2015 TO: TI-IE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1107-15 FOR WOODSIDE LAND COMPANY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 9, 201.5 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfc, Inc., to rezone 20 acres of property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' cast of Route I 1 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34-A-61) 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.f'cva.us. Sincerely, Michael T. Ruddy, A1CP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 24, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-15 FOR WOODSIDE LAND COMPANY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 9, 2015 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe, Inc., to rezone 20 acres of property from RA (Rural Arcas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' east of Route I 1 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34-A-6D in the Stonewall Magisterial District. A copy of the application will be available for review at the Handlcy Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, -'Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify 'Pat the attached correspondence N�Ja*nailed to the following on aL fronn the Department of Planning and Development.; Frederick County, Virg a: 34 - A- - 6-D WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 4- SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 34 - A- - 6-13 WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 6-A LESTER PROPERTIES -VA ATTN JOHN HILL 1111 2ND AVE S LESTER PRAIRIE MN 55354.1007 - hlichael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGIN' A COUNTY OF FREDEMCK 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 Nw') �j jO I S , has personally appeared before me and aclmo-wledged the same in my State and County aforesaid. Given under my hand this o c l day of (I () kiC ►nSIDEr1, '-0 My commission expires on SC (I C (Y-)'D C}, J C) `� l N TARY PUBLIC KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION It 7660563 COMMONWEALTH OF VIRGINIA My COMMISSION SEP EMBER 30EXPIRES 20 9 L (AV I( u ADJOINING PROPERTY OWNERS Tam Data Processing From: Pamlanning Dept. Please print I sets of labels by 1t 6115 Thanks! Owners of property adjoining the land will be notified ofthe Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent .Street. Name and Property Identification Number Address NameGeorge Sempefes 331 Woodbine Road Clear Brook, VA 22624 Property # 34-(A)-4, 5A, 5C Name Woodside Land Company, LLC 2973 Woodside Road Clear Brook, VA 22624 Property # 34-(A)-6B Name Lester Properties -VA 1111 2nd Avenue South Lester Prairie, MN 55354 Property # 34-(A)-6A Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 15 9 • Easy Peel® Labels Use Avery® Template 51610 © .+ .��. r d Paper ----,' Bend along line to expose Po EdgeT'" �AVERV051610 34 - A- - 6-1) WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 6-D WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 4- 34 - A- - 4- SEMPELES GEORGE M SEMPELES GEORGE M 331 WOODBINE RD 331 WOODBINE RD CLEAR BROOK VA 22624.1353 CLEAR BROOK VA 22624.1353 34 - A- - 5-A 34 - A- - 5-A SEMPELES GEORGE M SEMPELES GEORGE M 331 WOODBINE RD 331 WOODBINE RD CLEAR BROOK VA 22624.1353 CLEAR BROOK VA 22624.1353 34 - A- - 5-A 34 - A- - 5-A SEMPELES GEORGE M SEMPELES GEORGE M 331 WOODBINE RD 331 WOODBINE RD CLEAR BROOK VA 22624-1353 CLEAR BROOK VA 22624.1353 34 - A- - 5-C 34 - A- - 5-C SEMPELES GEORGE M SEMPELES GEORGE M 331 WOODBINE RD 331 WOODBINE RD CLEAR BROOK VA 22624.1353 CLEAR BROOK VA 22624.1353 34 - A- - 5-C 34 - A- - 5-C SEMPELES GEORGE M SEMPELES GEORGE M 331 WOODBINE RD 331 WOODBINE RD CLEAR BROOK VA 22624.1353 CLEAR BROOK VA 22624.1353 34 - A- - 6-13 WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 ttiquettes faciles a peter & Utilisez le gabarit AVERY® 51610 Sens de chargement 34 - A- - 6-13 WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 Repllez A la hachure afin de www.avery.com i r6v6ler le rebord Pop-up'c 1-800-GO-AVERY Easy Peel® Labels 0 E;-- 1 Bend along line to SAVERi�05161® Use Avery® Template 51610 wd Paper --11 expose Po Edge T�' 34 - A- - 6-A LESTER PROPERTIES -VA ATTN JOHN HILL 1111 2ND AVE S LESTER PRAIRIE MN 55354.1007 34 - A- - 6-A LESTER PROPERTIES -VA ATTN JOHN HILL 1111 2ND AVE S LESTER PRAIRIE MN 55354.1007 ttiquettes faciles A peler © ; Repliez h la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement rMler le rebord Pop-uph" 1-800-GO-AVERY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 28, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1107-15 FOR WOODSIDE LAND COMPANY On belialf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 12, 2015 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe, Inc., to rezone 20 acres of property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' east of Route 1 1 and adjacent to the Winchester & Wcstern Railroad and is identified by Property Identification Number 34-A-6D 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 tine meeting or at the Department of Planning and Development located at 107 North Kent Strcet in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.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*at the attached correspondence A mailed to the following on 1 ; ( z b / t 5 from the Depatrnent of Plannsng and Development, Frederick County, Virgnua: 34 - A- - 6-D WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624-1344 34 - A- - 4- SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 34 - A- - 6-A LESTER PROPERTIES -VA ATTN JOHN HILL 1111 2ND AVE S LESTER PRAIRIE MN 55354.1007 34 - A- - 6-13 WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 5-A SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGII\T7A COUNTY OF FREDERICK 1 �La �u �.�� , 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 / U -2 (( , has personally appeared before me and acknowledged the same in my State and County aforesaid. S- Given under my hand this 8 day of My commission expires 3l 0) i PAMALA DEETER NOTARY PUBLIC REGISTRATION 11 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 WSJ ( I i (l C -t� (;1 — �� o(z) d-e �C'v C� i'zr1 3 _A _ p • tic Ony To: Safba-ra-Data Processing From: Pam -Planning Dept. Please print --1 sets of labels by to (c I i5 Thanks! ADJOINING PROPERTY OWNERS Owners of property, adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 10 .Forth Kent Street. Name and Property Identification Number Address NameGeorge Sempeles 331 Woodbine Road Clear Brook, VA 22624 Property s 34-(A)-4, 5A, 5C Name Woodside Land Company, LLC 2973 Woodside Road Clear Brook, VA 22624 Property # 34-(A)-6B Name Lester Properties -VA 1111 2nd Avenue South Lester Prairie, MN 55354 Property 4i34-(A)-6A Name Propem # Name Property # Name Property # Name Property # Name Property # Name Property # 15 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 28, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-15 FOR WOODSIDE LAND COMPANY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 12, 2015 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe, Inc., to rezone 20 acres of property fi-om RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' east of Route 1 1 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34-A-6D 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.fcva.us. Sincerely, , Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 7, 2015 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-15 FOR WOODSIDE LAND COMPANY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 21, 2015 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe, Inc., to rezone 20 acres of property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 (Woodbine Road) about 2000' east of Route 1 1 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number 34-A-6D 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.fcva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director 7 MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence v' s mailed to the follovring on from the DeparLzrient of Planning and Development, Frederick County, V gini 34 - A- - 6-D WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 6-13 WOODSIDE LAND COMPANY LLC 2973 WOODSIDE RD CLEAR BROOK VA 22624.1344 34 - A- - 4- SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 34 - A- - 5-A SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 34 - A- - 5-C SEMPELES GEORGE M 331 WOODBINE RD CLEAR BROOK VA 22624.1353 34 - A- - 6-A LESTER PROPERTIES -VA ATTN JOHN HILL 1111 2ND AVE S LESTER PRAIRIE MN 55354.1007 w Michael T. Ruddy, Deputy Planning Frederick County Planning Departm STATE OF Vr-RGE\'IA COUNTY OF FREDERICK Z� n, o -�-r� 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 10/ 7 // S , has personally appeared before me and acknowledged the same in my State aL County aforesaid. Given under my hand this day of O C4,,b-, , My commission expires on v9a/ '19--/ G' S J--uT��j NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION 11 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 NOTIFICATION OF PUBLIC HEARING October 7. 2015 TIDE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #07-15 FOR WOODSIDE LAND COMPANY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 21, 2015 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 #07-15 WOODSIDE LAND COMPANY, LLC., submitted by GreyWolfe. Inc., to rezone 10.00 acres of property from RA (Rural Areas) District to M2 (Industrial General) District with proffers. The property is located on the southern side of Route 669 ( Woodbine Road) about 2000' east of Route 11 and adjacent to the Winchester & Western Railroad and is identified by Property Identification Number34-A-61) in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the %leek 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: sincerely. Michael T. Ruddy. AICP Deputy Planning Director MTR/pd RI-L r 1 (l c' -d: s ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd11oor of the Frederick County Administrative Building, 107 North Kent Street. [Marne and Property Identification Number NameGeorge Sempeles Propert} 34-(A)-4, 5A, 5C Name Woodside Land Company, LLC Property ii 34-(A)-6B Name Lester Properties -VA Propem x 34-(A)-6A Name Property # Name Property # 'dame Property # Name Property # Name Propem v Name Property # I� Address 331 Woodbine Road Clear Brook, VA 22624 2973 Woodside Road Clear Brook, VA 22624 1111 2nd Avenue South Lester Prairie, MN 55354 0 WOODSIDE LAND AND CATTLE MANAGEMENT 2973 WOODSIDE ROAD CLEARBROOK VA 22624 Pay to the / Order of- i N Gr h u 6or s �rc �« LS 7iw, I ve TA o v s &�,,,/ A MidAtlantic Farm Credit ACA WWells Fargo Bank, NA �` 1-80D-289-3557 opt 1, 1 Memo t" G Z O r► , n 4 1113297102111' 1:0531015611:20?99000L 1021 Date 66-156f531 Dollars• NOTES RECEIPT DATE R 5DO NO. 583398 RECEIVED FROM L�-)a SI d F f i (- Cd CQ AQDRESS�CI-I � U--"CC -15 I (j F 2C Cfna-t- bLoa V�l AAL^ Q� i�L.� c IyE- (C- ZrV11 r1(', P-1 N , //t�EL0�C ao or.��5 i'rOn� 2r� FOR 2LI -A -CcT� 1 +� Cc) Q ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID � C I �,7, ,0— CHECK i G� B BAL'1NCE DUE HONEY ORDER J2001 REaFORM.(n 8L818 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark Dave Eric Mike 9 2 John COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on BlackboxTorms\Document Approval Form — 12/27/13) REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, 'VERGINIA (YM �.\� Q_ GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: �1 '_a I J REQUESTED COMPLETION DATE: 10 — ?.a"'1 Department, Agency, or Company: PR P Mailing and/or Billing Address: Telephone;: FAX. E-mail Address: ESTIMATED COST OF PROJECT: 15 DESCRIPTION OF REQUEST: (Write additional information on back of request) �f �-"_0'a , (1) -1� 0-) - 15 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED' COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: CHECK NO.# METHOD OF PAYMENT: Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-565 ] ) 5