The URL can be used to link to this page

Home My WebLink About08-15 McCann Office Park Stonewall - BackfileI • REZONING TRACKING SHEET Application Form Proffer Statement Impact Analysis ' Adjoiner List �— Fee & Sign Deposit Deed Plat/Survey i Taxes Paid Statement 5 File opened 9 2 l S Reference manual updated/number assigned q 2911 D-base updated q 8 I5 Copy of adjoincr list given to staff' member for verification q a g Is Color location maps ordered from dapping �4 5 Application Action Summary updated 10 al I5 Planning Commission Meeting ACTION: `8,c I I I� 1 t 5 Board of Supervisors Meeting ACTION: tC Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers 11 Approval (or denial) letter mailed to applicant/copy to file and cc's I I I Reference manual updated Il i3 I S� D-hale updated Application Action Summary, updated 11 , I(, � IS File given to Mapping to update Toning map I 1 1 {$ "Zoning map amended Proffers recorded Sys ID # NOTES MCCANN FAMILY LAND TRseoe 1007 UST 562 MILBURN RD. yy? WINCHESTER, VA 22603-4724 "UNITED W BAN K ® your service MEMO VATS &40 r oZ zo S 1:0 5[MI-44 51: 006 3 171.69991110 1007 - 7 1 7t-F w RECEIPT DATE - NO. 583399 RECEIVED FROM ML 0-C nn T t IS f- 1DDRESS s If d m ` bL- _r Ir1 I (�1 �, ✓-r Q Ca0.3 o11� e f l VC ThNASQYI'UL� Ci 7 +k"kl rl(1b oel L �L.-C.Y. Ala) 1 w ($' FOR ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. MID CHECK BALANCE MONEY DUE ORDER I \l 4r I.ls+ U L4y A ay 0 BY' k;R� 1 ?'2001 . (9, 81-81 B 0 November 13, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: REZONING #08-15 McCann Office PINS: 44-A-25A, 44-A-25B and 44-A40 Dear Gary: a COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on November 12, 2015. The above -referenced application was approved to rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District with proffers, and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). The proffer statement, originally dated March 6, 2015, with final revision date of August 27, 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 will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, , i ichael T. Ruddy, AICP Deputy Director MTR/pd Attachments cc: Charles S. DeHaven, Jr., Supervisor Stonewall District Stan Crockett and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue McCann Family Land Trust, 562 Milburn Road, Winchester, VA 22603 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: 1 � � � � ff ti �•��1,11 RZ # -15 Area: 154.923 acres Tax Parcels 44-(A)-25A, 44-(A)-25B & 44-(A)-40 McCann Family Land Trust ,Jack Wampler, Sr. Jack Wampler, Jr. McCann Office Park March 6, 2015 March 18, 2015 August 3, 2015 August 27, 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 owners 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 154.923-acres from the RA District to RA with Proffers (27.435 acres) to be used for Open Space, RA with Proffers (16.333 acres) to be dedicated for right of way to the County and Commonwealth, Business (B-2) (6.180 acres), Light Industrial (M-1) (11.729 acres), and Office Manufacturing Park (OM) (93.246 acres) Districts, 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 owners 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to McCann Family land Trust from Betty Ann Marshall and Judith McCann Slaughter by Memorandum of Trust Agreement as instrument 41010012943 dated July 1, 2001, and Deed of Exchange from Judith McCann Slaughter to McCann Family Land Trust as instrument 020000470 dated July 1, 2001, and from Judith McCann Slaughter and Samuel A. Slaughter, III, to Jack Wampler, Sr., and Jack Wampler, Jr. as instrument 040024111 dated November 20, 2004, as recorded in the Frederick County Circuit Court Clerk's Office. See also plats of record in Deed Book 599 on Page 241, and instruments 150000961, 150000962, 150008123; and further identified collectively as Tax Parcels 44-(A)-25A, 44-(A)-25B, and 44-(A)-40. 0 11 Proffers: Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips shall not exceed 6,713. a. Right of Way Dedication i. The owners hereby proffer to dedicate an additional 20' strip of land to the Commonwealth of Virginia along Martinsburg Pike (Route 11) for future widening totaling 0.391 acres as shown on Figures 2, prior to the first certificate of occupancy or within 60 days by written request by the Commonwealth ol� Virginia. ii. The owners hereby proffer to dedicate land to the County of Frederick along Martinsburg Pike (Route 1 1) and along Old Charles Town Road (Route 761) for future widening and turn lanes totaling 2.221 acres as shown on Figures 2 and 3, prior to the first certificate of occupancy or within 60 days by written request by Frederick County. iii. The owners hereby proffer to dedicate a 400' strip of land for Route 37, to the County of Frederick, as shown on Figure 1, within 60 days by written request by Frederick County. Access for the southern parcel (11.982 acres) shall be a 50' temporary access casement through this dedication. This easement shall be extinguished when another access point to a public road is provided by the Commonwealth, County, or others. iv. The owners hereby proffer 1.735 acres on McCann's Road (Route 838), to the County of Frederick as shown on Figure 2, within 60 clays by written request by Frederick County. b. Road Improvements 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 McCann's Road (Route 838) prior to the approval of the first site plan. ii. The owners hereby proffer to install right turn lane oil northbound Martinsburg Pike (Route 11). Lane shall be installed prior to the first occupancy permit. 2 • a iii. The owners hereby proffer to construct left and right turn lanes on McCann's Road (Route 838) at the intersection with Route 11. Lane shall be installed prior to the first occupancy permit. iv. The owners hereby proffer a single "right in/right out" entrance onto Old Charles Town Road (Route 761). Said entrance shall align with the approved entrance of rezoning 1102-09. The entrance will not be constructed until the transportation improvements on rezonings #02-09 (Bishop-Amari) and #06-03 (Stephenson's Village) or January 1, 2035; whichever comes first. v. The owners hereby proffer to improve McCann's Road (Route 838) from the intersection of Martinsburg Pike (Route 1 1) to a point 500' west of the CSX railroad bridge. All entrances to the commercial and industrial development shall be limited to the improved section of Route 838. Improvements shall occur prior to the first occupancy permit. Improvements are: I. A 10' asphalt trail parallel to Route 838 along the north side of the right way. Said trail shall connect to the trail proffered in the Hiatt Run Condos rezoning #_-15. 2. The road shall be paved with a cross-section for heavy traffic per VDOT standards and specifications. A detail of this cross- section is attached as Figure 7. 2. Fire & Rescue — Monetary Contributions a. The owners hereby proffer 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 occupancy permit. The term "building square foot" shall be the combined floor area for each story. E a The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: ca M ann Family Land Trust Judy McCann -Slaughter, Trustee Date 9- i -,Zo/ S;— B: Y McCann Family Land Trust Date Ellen L. Marshall, Trustee Comrnonweal th of Virginia, City/County of W r`C Fe To Wit: The foregoing instrument was acknowledged before me this ` day of B} tscl �� 0)tCa" 5 �uSti� By No tn lic My Commission Expires t 3 i I DD 5 -1c:SS ( CD c j ,-� Registration Number w JILL RENEE PUTTER NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31, 2017 COMMISSION 8 755W7 .Conunonwealtli-of ViEginia, City/count-y-of U1rr� l , �.4 h l>(' To Wit: .� } SAP ,,, , The foregoing instrument was acknowledged before me this4 — d,>'} � 2c 15 By F— L. MrsrSL,5l ` By- Q�ne44 -j- - �/Lf�v�G4n ary Public Regist_ Commission Expires C R IIY [' comuss'ON ,� ••- EXPIRES v` 11/14/2016 -- o F 2 ty )- - 2.G6 - N—/-;� 5 0 By.i /�i'' U'i5 ack Wampler, Sr Date By:� �l' Pck Wampler, Jr Date Commonwealth of Virginia, City/County ofTo Wit: The foregoing instrument was acknowledged before me this 10- day of t brL, 2015 13y JFcv-, �4 qNVIAPL.P_S,Q_ Notary POlic 3y� 19 0 Registration Number My Commission Expires A,,r,2 30 20'L ter^= Megan Tennielle Pierce 1 t Commonwealth of Virginia Notary Public Commission No. 342190 My Commission Expires 6/30/2016 6 • 43-(A)-140 MICHAEL S. IVEBER DB 673, PG 623 ZONED: RA USE: NURSERY 135.3 AC. THIS IS NOT A BOUNDARY SURVEY )\ ROUTE I1 MARTINSBURG PIKE 44-(A)-24 RITA WILSON 070014065 44-(A)-134A 44-(A)-1328 ZONED; RAU CHARLES L. & \ CHARLES 110 AC, JANE V. BRIDGE SHUMAKER, ET ALS DB 953, PG 182 \ 130001829 2" E ZONED: RA ZONED: RP N 27.58,1 USE ES. \ USE: CHURCH \ �p9.83' f4.4 AC N 1' 6 78' 36 . N 27°3� 3E 4494' z CI w =—E 44-(A)-25B McCANN REMAINDER 11.729 AC. PR, ZONING: Pl-I N 2702823" E 15.96' PROPOSED 50'INGRESS-EGRESS FOR REMAINING PARCEL EX. 150' POWER LINE EASEMENT E �� DB 249, PG 393 C2 HATCHED AREA DENOTES 11.982 ACRES TO BE DEDICATED TO THE COUNTY OF FREDERICK FOR ROUTE 37. dre1 qr # RADIUS ARC DELTA BEARING CHORD DIRECTION CI 3300, 00' 1221. 95' 21 °12'57" N 30 °09'58" W 1214, 98' C-CW C2 3700. 00' 1378. 00' 21 °20'20" S 32 °2952" E 1370, 05' CW C3 5709,58' 374.69' 0304536" S 49°15'42" W 374,62' C-CW C4 5704,58' 1 48.80' 1 00°2924" S 51 °23'12" W 48.80' C-CW rcO 5704.58' 1 107.30' 01004'40" 1 S 52010'14" W 1 107.30' 1 C-CW 300' 0' 300' GRAPHIC SCALE FIGURE 1 1073 Redbud Road G r e yW o I f e, Inc. SKETCH SHOWING REMAINDER Winchester, VA 22603 Land Surveying and Consulting PARCEL, INGRESS -EGRESS EASEMENT Greywolfelnc@aol.com w AND RIGHT OF WA Y DEDICA TION 540-667-2001 OFC FOR ROUTE 37 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 300' FILE NO: 0388 0 0 BISHOP-AMARI REZ #02-09 B-2 �RpPp,R S.�p�1 �G THIS IS NOT A BOUNDARY SURVEY. 120' 0' 120' GRAPHIC SCALE 44-(A)-40 OPEN SPACE BUFFER 30.243 AC. EX. 80' RIGHT OF WAY PROPOSED 40' RIGHT OF ROUTE 11 WAY DEDICATION O CQ O I I I I 20, 00' CROSS -HATCHED AREA DENOTES 0, 391 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COMMONWEALTH OF VIRGINIA. F— 20.00' HATCHED AREA DENOTES 2.221 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK. HIATT RUN APARTMENTS CROSS-SECTION N. T, S, FIGURE 2 1073 Redbud Road GreyWolfe, Inc. SKETCH SHOWING CROSS-SECTION, Winchester, VA22603 w Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWolfelnc@aol,com DEDICATION FOR ROUTE 11 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK I DATE: AUGUST 3, 2015 I SCALE: 1 "= 120' 1 FILE NO: 0388 1 U • cA 44-(A)-40 OPEN SPACE BUFFER O 30.243 AC. O �O W� Z� V O O BISHOP-AMARI REZONING #02-09 ZONED: B:2 NEW ENTRANCE TO ALIGN WITHAPPR0VED LOCATION PER REZONING #02-09, A TRAFFIC LIGHT WILL BE INSTALLED WHEN WARRANTED BY VDOT. BRIDGE 'ram THIS IS NOT A BOUNDARY SURVEY. 200' 0' 200' GRAPHIC SCALE HATCHED AREA DENOTES 2.612 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK. FIGURE 3 1073 Redbud Road GreyWolfe, Inc. SKETCH SHOWSS22603 ING CROSS-SECTION, Winchester, V aol.co w Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWo/felncC�ao/.com DEDICATION FOR ROUTE 761 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 200' FILE NO: 0388 0 0 THIS IS NOT A BOUNDARY SURVEY WAMPLER \ \ 7PR.0M PR, B-23. 6.180 AC. 4 '" 8" E L102,43' E HIATTRUNAPARTMENTS ' OPEN SPACE - RA ^� 27435 AC. _ .. 9sG�F� N 02038 00' E c10 PR. OM if 1.809 AC. ~ ~o S 48016'34"E S 36021'40" W 200.00' 261.86' �� S 60°55'08" E S A6325, 00' 9 �o0„�y � F\ N s? °�8zp„ S 3702946" E �00, 81llg0„� 318.00 Q ` S, 0 S 77 4019 E — — I 110.00, CSXR'91�ROgD M � i ti 0 500' 0' 500' GRAPHIC SCALE G reyWo Ife, Inc. FIGURE 4 1073 Redbud Road Winchester, VA 22603 SKETCH SHOWING Land Surveying and Consulting ZONING BOUNDARY GreyWolfeInc@aol.com OF OM AREA OFom 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 500' FILE NO: 0388 THIS IS NOT A BOUNDARY SURVEY. HIATT RUN \ 300' 0' 300' �z APARTMENTS 0 ,1, 25 N °Ig SSE 1171.16' N 64°40'OS" W GRAPHIC SCALE µ o 102.23' HATCHED AREA DENOTES N 70°19'S5" E RIGHT OF WAY TO BE 106.07' DEDICATED TO THE S3Z N250 19SSE 2 COUNTY OF FREDERICK. WA � c� w PR. OM 61.809 AC. oo. ti 4s, oA6� Q 1s\ 0 D�0, � OPEN AREA - RA v, 27.435 AC. z) N 77040'19" W o1 0 110.00' q0 S 3602140 W /J 78.95' 1 � THIS IS NOT A BOUNDARY SURVEY. # RADIUS ARC I DELTA BEARING CHORD DIRECTION CI 5709,58' 498.26' 05000'00" S 33°06'17" W 498,10' CW C2 5704, 58' 75. 36' 00 °4525" S 35°5859" W 75, 36' CW C3 250.00' 256.70' 5804954" N86024'41"E 245,57' CW C4 1750, 00' 331, 84' 10051'52" S 69036'18" E 331, 34' C-CW C3 475.00' 503.39' 60 °43'15" S 61 050'42" W 480,17' CW C4 525.00 450.87 49012'21 " I S 67°36'09" W 437,14' 1 C-CW N 5402343" W - 5.00' S 26°29 p 943,71 FIGURE 5 G r eyWo If e, Inc. SKETCH SHOWING w Land Surveying and Consulting ZONING BOUNDARY OF OPEN AREA McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 300' 1073 Redbud Road Winchester, VA 22603 GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 • # I RADIUS I ARC DELTA BEARING CHORD DIRECTION Cl 5709, 58' 1098,18' 11001 '13" S 41 °52'17" W 1096.49 CW C2 13700, 00' 11378. 00' 21 °20'20" N 32 02952" W 1370, 05' C-CW r.. 300' 0' 300' GRAPHIC SCALE FIGURE 6 GreyWolfe, Inc. SKETCH SHOWING Land Surveying and Consulting ZONING BOUNDARY OF 8-2 & OM McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 " = 300' 1073 Redbud Road Winchester, VA 22603 GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 50' R.O. W. TYPICAL DITCH FOR TYPICAL SLOPE FOR ALL CUT SECTIONS. 12' 12' ALL FILL SEC70NS. 6' SHOULDER EXTEND PAVEMENT C L. 4 5 -- CUT 12" ONTO SHOULDER 6' SHOULDER 7% FILL 3 3 1 200 ir �1 1 3 18" SUBBASE TO BE COMPACTED TO 95% DENSITY. 2" SM-12.5A LL CONTRACTOR TO SUPPLY COMPACT70N REPORTS 4"Bh1-25.0 Double Prime & Seal AS REQUIRED BY VDOT FIELD INSPECTOR. NOTE: 14" of 21-B STONE 8"21-B STONE BASE APPLYSEEDING TO ALL (TYPICAL SHOULDER) DITCHES IMMEDIA TEL Y PROPOSED STREET CROSS SECTION UPON REACHING GRADE. DESIGN SPEED = 25 MPH TRAFF7C = 1,197 VPD's (Proffered) NOT TO SCALE FIGURE 7 iji� GreyWolfe, Inc. Detail of Road Improvements for w Land Surveying and Consulting McCann's Road (Route838) Proposed Cross -Section McCANN OFFICE PARK I DATE: AUGUST 3, 2015 1 SCALE: N.T. S. 1073 Redbud Road Winchester, VA 22603 Grey WolfelncQa aol. com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 1 Ill AMENDMENT Action: PLANNING COMMISSION: October 21, 2015 Recommended Approval BOARD OF SUPERVISORS: November 12, 2015 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-15 MCCANN OFFICE PARK WHEREAS, Rezoning #08-15, Of McCann Office Park, submitted by GreyWolfe, Inc., to rezone 154,923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, 11.729 acres from RA (Rural Areas) District to M1 (Light Industrial) District with proffers and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers, with proffers dated March 6, 2015, last revised on August 27, 2015 was considered. The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road. The property is further identified with PIN(s) 44- A-25A, 44-A-25B and 44-A-40 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 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 154.923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Inndustrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers, with proffers dated March 6, 2015, last revised on August 27, 2015. The conditions voluntarily proffered in writing by the applicant and the property owners are attached. PDRes 947-15 -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 Aye Gary A. Lofton Aye Robert A. Hess Aye Robert W. Wells Aye Gene E. Fisher Aye Charles S. Del-laven, Jr. Aye Blaine P. Dunn Aye A COPY ATTEST Airenda G. Garton Frederick County Administrator PDRes #47-15 BOS Res. #032-15 REZONING APPLICATION #08-15 McCANN OFFICE PARK 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 154.923 acres as follows: 43.76 acres fi•om RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi•om RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres fi-om RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres fi•om RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission's discussion sought clarification on a couple of points relating to the transportation comments provided in the review of this application. Ultimately, the Planning Commission did not identify any outstanding concerns with the request and recommended approval of this request. Folloivinz the required public hearing, a decision ref�,-ardinga this rezoninz application bV the Board of Supervisors would be appropriate. The applicant shoulrl be prepared to adequately address all concerns raised by the Board of Supervisors. 0 0 Rezoning 1108-15 McCann Office Park October 28, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant tln•oughout this staff report. Reviewed Action PlaIning Commission: 10/21/15 Recommended Approval Board of Supervisors: 11/12/15 Pending PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres fi•om RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres fi-om RA (Rural Areas) District to M1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-25A, 44-A-25B, 44-A-40 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculture South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture West: RP (Residential Performance) Use: Residential 9 • Rezoning #08-15 McCann Office Park October 28, 2015 Page 3 REVIEW EVALUATIONS: Virp,inia Dept. of Transportation: Please see attached letter dated September 11, 2015. Public Works Department: We do not have any comments on the proposed rezoning. However, we recommend that a wetland study and geological survey to locate potential sinkholes be performed prior to submittal of the master development plan. Frederick County Sanitation Authority: Please see attached letterfi•om Uive E. Weindel, PE, dated March 20, 2015. Frederick -Winchester Service Authority: No comments. Frederick County Public Schools: No comments. Frederick County Department of Parks & Recreation: Parks and Recreation would like to see language added to address the following proffer items: a. ii. / d. I, ii: An indication that the McCanns Lane gate at the Cul de Sac will be of a type to allow bike and pedestrian trail users to pass, and include a marked crossing of the proposed interior road. d. iii: An indication of the timing this trail segment will be built. Other than the requested changes, Parks and Recreation supports the proposed trail network and open space proffers. Frederick County Attorney: Please see attached letter from Roderick Williams, County Attorney, dated May 11, 2015. Planning & Zoning: 1) 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. In 2015, a Boundary Line Adjustment Plat was approved that incorporated three acres from this property into the Hiatt Run Condominium property. As the Planning Commission and Board of Supervisors is aware, Master Development Plan MPD #04-15, the Hiatt Run Condominiums Master Development Plan, was approved by the County that enabled the development of 120 units contained within eight garden apartment buildings on the Hiatt Run property. A rezoning Rezoning #08-15 McCann Office Park October 28, 2015 Page 4 for the three acres that was adjusted fi•om this property is currently under review. 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 SWSA. The 2030 Comprehensive Plan identifies this property with an OM (Office Manufacturing) land use designation and a DSA (Developmentally Sensitive Area) land use designation. This was a balanced approach to the land use in this area that enabled development and protected the environmental and historic features of the site. In general, the proposed office manufacturing zoning, supported by the small area of commercial designation, and the light industrial zoning south of future Route 37, for this property is consistent with the current land use supported by the Comprehensive Plan. The remaining RA (Rural Areas) zoning is generally consistent with the identified DSA. In addition, the items that are described in the amendment to the Northeast Land Use Plan in support of the land use designations appear to be appropriately addressed in this application. Site Access and Transportation. Primary access to the property will be via an improved McCanns Road and the intersection of McCanns Road and Route 11. A secondary future access point will be provided from Old Charlestown Road which will provide for a restricted right in, right out entrance which will be installed in the future. It is important to recognize that this approach to accessing the property was based on direction the Applicant received from VDOT during the review of this rezoning application. McCanns Road will be improved for industrial traffic and a signalized intersection will be provided at the intersection of McCanns Lane and Route 11. The Applicant has made an effort to address the potential impacts of this rezoning request by linking the vehicle trip count to the development of the property. The Average Daily Trips fi•orn this site shall not exceed 6,713. The County's Eastern Road Plan identifies Route 37 traversing through this property. In addition, Route I 1 is identified as an improved arterial road and Route 761 is identified as an improved major collector road. Route 37 is appropriately addressed in this application. The right-of-way for future Route 37, a 400' strip of land, is proposed to be dedicated to the County for future Route 37 across the property within 60 days of a written request from Frederick County. • • Rezoning 1t08-15 McCann Office Park October 28, 2015 Page 5 The Applicant has reserved a temporary access easement to the southern parcel that would be extinguished in the future when other public access is provided to serve the southern 11.982 acres. The easement within the area to be dedicated should be recognized as it may present an encumbrance in the dedication of the Route 37 right-of-way. Environment. Hiatt Run and its associated floodplains and wetlands traverse the north western portion of this property. This developmentally sensitive area has been recognized in the application by being placed in the area reserved as RA (Rural Areas) land and identified in the proffer statement as open space. History. HRAB reviewed this application at their March 17, 2015 meeting and issued comments dated March 18, 2015. The HRAB's recommendation included; providing a pull off area to the Shenandoah Valley Battlefields Association to provide for interpretive signage, that only one freestanding sign be permitted at the park entrance off Old Charlestown Road identifying the name of the park only, and that the split rail fence along Martinsburg Pike and Old Charlestown Road is addressed. The Applicant has addressed the preservation of the core historic areas associated directly with the Stephensons Depot area by preserving this area as RA (Rural Areas) land and identifying it in the proffer statement as open space. The split rail fence has not been included as the Applicant states this will be in the large area dedicated to the County for future right-of-way and when considering the distance from the road will not be visible. It is also the Applicants desire to ensure the fence will be a wire fence for cattle. 3) Site Suitability/Environment The application's impact analysis should include more detail with regards to the suitability of the site. It is customary to prepare exhibits that show the location of the various site constraints or features such as the floodplains and wetlands. This information is important to the Planning Commission and Board of Supervisors review of the application. It would also be used to reflect the accuracy of the proposed zoning boundaries with regards to areas of development and preservation. Including the historical context of this site would also be helpful and illustrate support for the zoning delineation. 4) Potential Impacts In addition to addressing the transportation impacts, the Applicant has addressed other potential impacts as follows. The Applicant has proffered a 10' asphalt trail along the north side of McCanns Road which will Connect Into the trail proffered with the adjacent Hiatt Run • 0 Rezoning #08-15 McCann Office Park October 28, 2015 Page 6 Condominium project. It has been pointed out that the Applicant could consider connecting the proposed trail to the adjacent major development east along Old Charlestown Pike. Please clarify the internal 10' trail loop adjacent to Old Charlestown Pike within the Proffer Statement. As a result of the pending Hiatt Run Condominium rezoning application, the trail connections in this general area may be adequately addressed. Consider the split rail fence proffer internal to the project, especially in the area where the internal road traverses the DSA in the northern portion of the project. 5) Proffer Statement Dated March 6, 2015 (revised August 27, 2015) A) Allowed Uses: No restriction on land uses is proposed. All uses within the zoning districts requested, OM, B2, M1, and RA would be permitted. It is noted that the RA (Rural Areas) portion of the property outside of the dedicated right-of-way is identified as open space and will not be developed. B) Access Management and Transportation: The site is proffered to have primary access from McCanns Road onto Route l 1 and a secondary access controlled to a right in, right out entrance on Route 761. As part of this program, the Applicant has proffered: • signalization at Route l l and McCanns Road, • turn lanes on Route 11 north, • turning lanes on McCanns Road, improvements to McCanns Road to a point 500' west of the CSX Railroad Bridge fi•om where all entrances to the commercial and industrial development will be located (paved with a heavy traffic cross section per VDOT standards).. The Applicant has proffered a considerable amount of right-of-way dedication to the State and the County in support of future road improvements in the area. The dedication is consistent with what is needed in this area. Most significant of the transportation proffers is the dedication of a 400' strip of land for future Route 37 across the property within 60 days of a written request fi-om Frederick County. The Applicant has reserved a temporary access easement to the southern parcel that would be extinguished in the future when other public access is provided to serve the southern 11.982 acres. 0 0 Rezoning 1108-15 McCann Office Park October- 28, 2015 Page 7 No additional transportation proffers or cash contributions for transportation improvements are offered with this request. C) Site Development: The Applicant has proffered that the total vehicle trips shall not exceed 6,713 vehicle trips per day as a result of the site development. This number is consistent with the amount of industrial and commercial development the Applicant modelled in their TIA. The Applicant has proffered a 10' asphalt trail along the north side of McCanns Road which will connect into the trail proffered with the adjacent Hiatt Run Condominium project. The Applicant has proffered a single monument style sign at the intersection of McCanns Road and Route 1 1 that would appear to be consistent with the requirements of the County's Sign Ordinance. The Applicant should further clarify if the signage proffer is intended to restrict signs throughout the rest of the property. In addition, a sign in this location would only be permitted if it was located on the property of the development and not off -premise. This should be addressed further by the Applicant. The County should not accept a proffer that is in conflict with current Ordinance requirements. In an effort to address the historical component of this request and the desire to provide access to the trail system and historical areas of the site, the Applicant has proffered to provide an additional ten (10) parking spaces beyond current requirements in the B2 area to be used for visitor parking. In addition, a 10' by 10' area nearby will be proffered for a historical marker. This marker would be provided by others. The 27.435 acres of the property that has been set aside as an open space buffer and remains RA (Rural Areas) is consistent with the environmental and historical areas recognized in the Comprehensive Plan on this property. This proffer provides visitors with access and interpretation to the recreational and historical components of this site. D) Mitigatingtlie Impact of Development: 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 154.923 acres as follows: 43.76 acres fi•om RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi•om RA (Rural Areas) District to B2 (General Business) District, 11.729 acres fi-om RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres fi-orn RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The 0 • Rezoning 1108-15 McCann Office Park October 28, 2015 Page 8 property is located within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable. PLANNING COMMISSION SUMMARY OF 10/21/15 MEETING: Staff reported this application is to rezone a total of 154.923 acres. He noted the rezoning appears complicated with the breakdown of acreage and zoning districts however it is consistent with the updated land uses of the 2030 Comprehensive Plan. Staff provided an overview of the location of the property at which time the right-of-way for Route 37 on the southern end of the property was emphasized. The Applicant provided the proffer statement along with a series of maps and has identified the requested zoning locations. The proffers were reviewed by Staff. The transportation proffer was highlighted specifically: Route 37 right-of-way dedication; additional right-of-way along other roads; signalization at intersection with Route 11; improvements to McCanns Road. Staff explained access to this site will be fi•om McCanns Road and the applicant has worked closely with VDOT to receive their endorsement to access this property. Staff continued currently McCanns Road cannot support this project however the applicants proffer provides the commitment to improve McCanns Road to a standard that can support industrial traffic. Staff reiterated the land use is consistent with the 2030 Comprehensive Plan and the impacts anticipated have generally been addressed in particular transportation. The Public Hearing portion of the meeting was opened; no one came forward to speak and the Public Hearing was closed. Mr. Timothy Stowe representing the applicant came forward to answer questions anyone may have. He explained they feel this is a good balance of development property that can be used to bring industrial base to the County; to preserve green areas that will benefit the community; and to provide the transportation improvements that are needed to support this project. He feels this is a good fit and a will win for the County and for the landowner. A Commission Member inquired about page 2 of 4 of an ernail that was sent back to VDOT, #5 seems n LJ Rezoning #08-15 McCann Office Park October 28, 2015 Page 9 to be a disagreement on the proposed cross section, whether the cross section is adequate for a commercial roadway serving the intensity of the development. l-Ie asked if an agreement was met on this. Mr. Stowe responded there are two components to this: once at the intersection we anticipate two turn lanes, one for southbound Route I 1 and one for northbound Route I I traffic, plus the eastbound lane for traffic coming into the development and that would be 36 feet. Iie explained once the area for the que is cleared the intent would be to narrow the pavement to two lanes rather than carry three lanes all the way back and that area would be 24 feet. A Commission Member asked if VDOT agreed to this. Mr. Stowe responded VDOT has not responded as of today. A Commission Member inquired to Staff what if VDOT and developer do not agree. Staff noted ultimately VDOT has the final say. A motion was made, seconded, and unanimously passed to recommend approval of REZ #08-15 McCanns Office Park. 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 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi-om RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located within the SeNver and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the Current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission's discussion sought clarification on a couple of points relating to the transportation comments provided in the review of this application. Ultimately, the Planning Commission did not identify any outstalldhig concei-iis with the request acid reeoninicilded approval of this request. Following the required public hearing, a decision regarrlin,- this reZOnin}r application by the Board of Supervisors woiilrl be appropriate. The applicant should be prepared to adequately ad(tress all concerits raised by the Board ofSupervi.sors. REZ#08- 15 McCann Office Park PINS: 44 - A - 25A, 44 - A - 25B, 44 - A - 40 Rezoning from RA to RA with Proffers, B2, M 1, and OM with Proffers M 195 EBERT RD �2562lRE' 'I 7489 ��• MARTINSBURG MARTINSBURG , PIKE _!� 2596I PIKE 2459 1546 ` ,MARTINSBURG— MARIPKE6! TINSBURG ' PIKE PIK�2455 . 2492 MAR�TPINIKSEB'YUR 2S1` MARTINSBURG MARTINSBURG P PIKE MARTINSBURG 203 _ IIKE OLD CMARLES ' TOWN 104 ST 'P.IKE -'G - AWN IR PIKF B 2015 AWN IRE 562�,3 IRTINSBURG PIKE 142 '� MILBURNc q PRE 2060 CCANNS,RO 04 A 258 ti , MARTINSBURG =`•4 ow 2021 -PRE -r MARTINSBURG 4 •l 1002�►IKE 2040 ^RTINSBURG M MARTINSBURG :1CRE MARTINSBURG' &.C, "4-j MARTINSBURG MARTINSRURG �"' +IRE PKEI t URG � L •1971' � � • �. �9wS21- MARTINSBURG , ` �Jf�; ✓� MARTINSRURGA., �R!EE v � 185 N REZ#08- 15 McCann Office Park PINS: 44 - A - 25A, 44 - A - 25B, 44 - A - 40 Rezoning from RA to RA with Proffers, B2, M1, and OM with Proffers 2279 EBERT•1 MARTINSSURG�°il 2259 ; / -PIKE- - !. p E: Pr c;; • y� i MARTINSRRG 226 /RE�tMARTINS8 RG �722SI� IRE MARTINSAUR 2239� LIKE MARTINSWRG vS6uRG IKE vv ° �` 20.7,•7 MARTINSWRG. - 'MARTINSBURG `21I] ►RE !'�, IRE MARTINSWRG *R - �� MCCANNS RD r2073 It09`��MARTINSB_•.. i.`M tTINSWRG MARTINSWRG PIKE ' 2162 _ 7 1 y RE ►ICE. 2I26 `MARTiNSBURG�` N A 2SA MARTNSWRG •'IE�► 112 \k IRE/LT_`xJ- MCCANNS RD r6 A 258 - • �MARTINSBURG y. , 30► 2026 `E►IKE. CET,ST(MARIINSBURG� ' �- ISSURW2001 . ►IKE i WRTINSBURGa2014 f. MARTIN56URG Y /SWRG��IKE * MARTINSWRG IRE 'I• ►KESAURG VOID MARTINSWRG MARTINSBURG� y •` - - . IRE. RTINSWRG v ,l \ 1976 ` `a 1952 MARTINSWRG I IRTINSWIt r PIKE .• r 1 •r 1912 r ! S3 MARTINSWRG - •t )N'W IRE •l a • r, ' a 361 j �MLLBURN RD zo �'LN • I ,361 WRNRD RAMM1:8UPN PD I 1, ; PIKE I M ••2492 25181 S 8 U R G MAR, .:I '.PIKE "7 i !t' REI08-IS •� ' f `R MILBURN SUBDIVISION Subdivision rn TURN RD•-q% N� 0 Rezoning: RZ # _-15 Property: Area: 154.923 acres Tax Parcels 44-(A)-25A, 44-(A)-25B & 44-(A)-40 Record Owners: McCann Family Land Trust Jack Wampler, Sr. Jack Wampler, Jr. Project Name: McCann Office Park Original Date of Proffers: March 6, 2015 Revisions: March 18, 2015 August 3, 2015 August 27, 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 owners 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 154.923-acres from the RA District to RA with Proffers (27.435 acres) to be used for Open Space, RA with Proffers (16.333 acres) to be dedicated for right of way to the County and Commonwealth, Business (B-2) (6.180 acres), Light Industrial (M-1) (11.729 acres), and Office Manufacturing Park (OM) (93.246 acres) Districts, 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 owners 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to McCann Family land Trust from Betty Ann Marshall and Judith McCann Slaughter by Memorandum of Trust Agreement as instrument #010012943 dated July 1, 2001, and Deed of Exchange from Judith McCann Slaughter to McCann Family Land Trust as instrument 020000470 dated July 1, 2001, and from Judith McCann Slaughter and Samuel A. Slaughter, III, to Jack Wampler, Sr., and Jack Wampler, Jr. as instrument 040024111 dated November 20, 2004, as recorded in the Frederick County Circuit Court Clerk's Office. See also plats of record in Deed Book 599 on Page 241, and instruments 150000961, 150000962, 150008123; and further identified collectively as Tax Parcels 44-(A)-25A, 44-(A)-25B, and 44-(A)-40. • • Proffers: 1. Transportation — Vehicle Trips per Day to be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips shall not exceed 6,713. a. Right of Way Dedication i. The owners hereby proffer to dedicate an additional 20' strip of land to the Commonwealth of Virginia along Martinsburg Pike (Route 11) for future widening totaling 0.391 acres as shown on Figures 2, prior to the first certificate of occupancy or within 60 days by written request by the Commonwealth of Virginia. ii. The owners hereby proffer to dedicate land to the County of Frederick along Martinsburg Pike (Route 11) and along Old Charles Town Road (Route 761) for future widening and turn lanes totaling 2.221 acres as shown on Figures 2 and 3, prior to the first certificate of occupancy or within 60 days by written request by Frederick County. iii. The owners hereby proffer to dedicate a 400' strip of land for Route 37, to the County of Frederick, as shown on Figure 1, within 60 days by written request by Frederick County. Access for the southern parcel (11.982 acres) shall be a 50' temporary access easement through this dedication. This easement shall be extinguished when another access point to a public road is provided by the Commonwealth, County, or others. iv. The owners hereby proffer 1.735 acres on McCann's Road (Route 838), to the County of Frederick as shown on Figure 2, within 60 days by written request by Frederick County. b. Road Improvements 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 McCann's Road (Route 838) prior to the approval of the first site plan. ii. The owners hereby proffer to install right turn lane on northbound Martinsburg Pike (Route 11). Lane shall be installed prior to the first occupancy permit. 2 iii. The owners hereby proffer to construct left and right turn lanes on McCann's Road (Route 838) at the intersection with Route 11. Lane shall be installed prior to the first occupancy permit. iv. The owners hereby proffer a single "right in/right out" entrance onto Old Charles Town Road (Route 761). Said entrance shall align with the approved entrance of rezoning #02-09. The entrance will not be constructed until the transportation improvements on rezonings #02-09 (Bishop-Amari) and #06-03 (Stephenson's Village) or January 1, 2035; whichever comes first. v. The owners hereby proffer to improve McCann's Road (Route 838) from the intersection of Martinsburg Pike (Route 11) to a point 500' west of the CSX railroad bridge. All entrances to the commercial and industrial development shall be limited to the improved section of Route 838. Improvements shall occur prior to the first occupancy permit. Improvements are: 1. A 10' asphalt trail parallel to Route 838 along the north side of the right way. Said trail shall connect to the trail proffered in the Hiatt Run Condos rezoning #= 15. 2. The road shall be paved with a cross-section for heavy traffic per VDOT standards and specifications. A detail of this cross- section is attached as Figure 7. 2. Fire & Rescue — Monetary Contributions a. The owners hereby proffer 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 occupancy permit. The term "building square foot" shall be the combined floor area for each story. 3 0 9 3. Historic a. The owners hereby proffer to provide an additional 10 parking spaces beyond County requirements in the commercial (B-2) area for visitor parking and a I O'x 10' area nearby for a historic marker. The marker, installation, and maintenance, shall be provided by others. b. The owners proffer the 27.435 acres of the property, to be zoned RA, and as shown in Figure 4, shall be an open space buffer. 4. Signage a. The owners proffer a single monument style sign by the intersection of McCann's Road (Route 838) and Martinsburg Pike (Route 11) not to exceed 25 feet in height and 150 square feet in area. The sign shall be for the individual tenant and/or owner Signage. 5. Figures and Drawings — The attached figures number 1 through 7 to be made part of these proffers. 12 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: BC- Nvann' Family Land Trust Judy McCann -Slaughter, Trustee Date By: McCann Family Land Trust Date Ellen L. Marshall, Trustee Commonwealth of Virginia, 9- i -,20/ .S�- City/County of W t`C To Wit: iThe foregoing instrument was acknowledged before me this day ofC� � , 20_ B,�S U�l t� c CGZ,u, 5 �St'ABy 1� N Registration Number My Commission Expires 1,31- 3 i I uV I I JILL RENEE POTTER NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC. 31. 2017 COMMISSION N 755W7 5 0 • Comrnonwealth-of -Virginia, City/Ceu"�y-of %i ` 4. %- * 1> ' To Wit: The foregoing instrument was acknowledged before me this, d,il >C'"P ZC 1-5.5 By E 1(�� I. M,or t 6YWPAlic %— , My. Commission Expires .-�piY I l y . ° � COMI•I;Si:ON + UNRE5 ' : •„ 11/14/2016 II - / y .2c /6 By 2 ey.) - 2�6 - �rjq 5 Regist 0 • By ack Wampler, Sr )v 'i Date By: 12/2 /y 1?61/5 J ck Wampler, Jr Date Commonwealth of Virginia, City/Countyof 1—feArr.ck To Wit: The foregoing instrument was acknowledged before me this 10 day of 5,* mh.r , 20-L�! B y cc .L i�I W !� 1n Notary P is '-I� ors o Registration Number My Commission Expires 7 Megan Tennielle Pierce Commonwealth of Virginia Notary Pubiic Commission No. 342190 At My Commission Expires 6130016 0 i i THIS IS NOT A BOUNDAR Y SUR VEY, 44-(A)-134A 44-(A)-132B CHARLES L. & CHARLES LANE V. BRIDGE SHUMAKER, ET ALS DB 953, PG 182 130001829 ZONED: RA ZONED: RP N 2 USE: RES. 1 USE: CHURCH 1-6.1 AC. 14.4 AC. w 43-(A)-140 MICHAEL S. WEBER DB 673, PG 623 ZONED: RA USE: NURSERY 135.3 AC. N 2 366,7-81 N 270 27°30'44�' E 15. N 449.34 E T ROUTE 11 - MARTINSBURG PIKE 44-(A)-24 RITA WILSON 070014065 ZONED: RA USE: RES. f10 AC. '°5812 E .4 9.83' 28'23" E 'PROPOSED 50'INGRESS-EGRESS i� FOR REMAINING PARCEL EX. 150' POWER LINE EASEMENT DB 249, PG 393 44-(A)-25B C2 McCANN qo�, REMAINDER 11.729 AC. ,� HATCHED AREA DENOTES PR. ZONING: M-1 S�c�, 11.982 ACRES TO BE AI DEDICATED TO THE �� t0 COUNTY OF FREDERICK FOR ROUTE 3Z C4 S !r CS �N3.knnOn # RADIUS ARC I DELTA BEARING CHORD DIRECTION C1 3300, 00' 1221, 95' 21 °12'57" N 30°09'58" W 1214, 98' C-CW C2 3700.00' 1378,00' 21 °20'20" S 32°29'52"E 1370.05' CW C3 5709.58' 374.69' 0304536" S 49°15'42" W 374,62' C-CW C4 5704.58' 48.80' 0002924" S 51 °23'12" W 48.80' C-CW CS 15704,5k 1 107.30' 01 °04'40" 1 S 520I0'14" W 107.30' C-CW 300' 0' 300' GRAPHIC SCALE FIGURE 1 1073 Redbud Road G r eyWo If e, Inc. SKETCH SHOWING REMAINDER w/nchester, VA 22603 Land Surveying and Consulting PARCEL, INGRESS -EGRESS EASEMENT GreyWolfelnc@aol.com AND RIGHT OF WA Y DEDICATION 540-667-2001 OFC FOR ROUTE 37 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 300' FILE NO: 0388 0 BISHOP-AMARI REZ'# 09 e-2 ��pPp,R 510 .nG 44-(A)-40 OPEN SPACE BUFFER 30.243 AC. THIS IS NOTA BOUNDARY SURVEY, 120' 0' 120' GRAPHIC SCALE EX. 80' RIGHT OF WAY PROPOSED 40' RIGHT OF ROUTE 11 WAY DEDICATION F— j I Q, I I I I I V I Z I I� I 20.00' CROSS -HATCHED AREA DENOTES 0.391 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE C014MONWEALTH OF VIRGINIA, —20.00' HATCHED AREA DENOTES 2.221 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK, HIATT RUN APARTMENTS CROSS-SECTION N,T.S, FIGURE 2 GreyWolfe, Inc. SKETCH SHOWING CROSS-SECTION, Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY DEDICATION FOR ROUTE II 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX 11 MCCANN OFFICE PARK DATE: AUGUST 3, 2015 I SCALE: 1 "= 120' 1 FILE NO: 0388 i 0 .. THIS IS NOT A BOUNDA R Y SUR VEY. 0 "pc Aj� 44-(A)-40 F OPEN SPACE BUFFER O 30.243 AC. O �O Z� V O O BISHOP-AMARI REZONING #02-09 ZONED. B:2 NEW ENTRANCE TO ALIGN WITH APPROVED LOCATION PER REZONING #02-09, A TRAFFIC LIGHT WILL BE INSTALLED WHEN WARRANTED BY VDOT, BRIDGE ! i . f�v M 200' 0' 200' GRAPHIC SCALE HATCHED AREA DENOTES 2.612 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK. FIGURE 3 1073 Redbud Road i G reyWo if e, Inc. SKETCH SHOWING CROSS-SECTION, Winchester, VA 22603 �w� Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWol'elnc@aol,com DEDICA TION FOR ROUTE 761 540-667-2001 OFC 540-545-4001 FAX McC4NN OFFICE PARK I DATE: AUGUST 3, 2015 1 SCALE: 1 "= 200' 1 FILE NO: 0388 • • THIS IS NOT A BOUNDARY SURVEY WAMPLER \ \ 7PR,0M PR. B-23C, 6.180 AC. O N 25°21 '42" E I 102.43' o S 6403758" E\ 75, 00' . \ S 8805229" E W 233,71' HIATT RUN APARTMENTS b� OPEN SPACE - RA q��r014* G> ^`O °27.435 AC. -P 02°38' ,�n 00'I o ° PR. OM G c� J h TS v h ti \ �%op� 61,809 AG F S 48°16'34"E S 36°21'40" W �� T 200.00' 261,86' �� S 60°55'08" E � 325, 00 A91 80p• Ns°F8�10, `\/ �1\�6° S 3702946" E I000 ly 2r 318, 00 182p F S, OO, I I ! I I ! ! ! ` 4 S 77040'19„ E I 11000, C`s'rRgI�ROgO I / I I I I 0 O U)Sw Qre 500' 0' 500' GRAPHIC SCALE i G r eyWo ife, Inc. FIGURE 4 1073 Redbud Road Winchester, VA 22603 SKETCH SHOWING lww Land Surveying and Consulting ZONING BOUNDARY GreyWolfelncC@aol.com 540-667-2001 OFC OF OM AREA 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 500' FILE NO: 0388 ICJ HIATT RUN APARTMENTS 'r E 1171,16' N 64040'05" W \ 102.23' \ N 70°19'55" E -:�'_" 106.07' THIS IS NOT A BOUNDARY SURVEY. 300' 0300' GRAPHIC SCALE 244, B7' c 6S 260•00 W F6 S p2 38 s ova �y a9 0 HATCHED AREA DENOTES RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK, D r'FF w 41 PR. OM oo. \� 61.809 AC. o O �9,oG,'YFF,9 g��0 \ s OPEN AREA - RA 27.435 AC. v \= rn N 77°40'19" W 10,00, �RDgO /l 78.95 3 0„ W THIS IS NOT A BOUNDA R Y SUR VE Y. # RADIUS ARC DELTA BEARING CHORD DIRECTION CI 5709,58' 498,26' 05000'00" S 33006'17" W 498,10' CW C2 5704.58' 75.36' 0004525" S3505859W 75,36' CW C3 250.00, 256.70' 5804954" N86024'41"E 245,57' CW C4 1750, 00' 1 331.84' 10051'52" S 69°36'I8" E 331,34' C-CW C3 475, 00' 1 503.39' 1 60043'15" S 61050'42" W 480,17' CW C4 525.00' 1 450.87 49012'21 " S 67036'09" W 437,14' C-CW N 54023'43" W - 5.00' S 943,71 WOO FIGURE 5 1073 Redbud Road GreyWolfe, Inc. SKETCH SHOWING Winchester, VA226o3 l` Land Surveying and Consulting ZONING BOUNDARY GreyWolfelnc@aol.com w OF OPEN AREA 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 20151 SCALE: 1 "= 300' 1 FILE NO: 0388 0 # RADIUS ARC DELTA BEARING CHORD DIRECTION CI 5709.58' 1098,18' 11 °01'13" S 41 °52'17" W 1096.49 CW C2 3700, 00' 1378, 00' 21 °20'20" N 32°29'52" W 1370, 05' C-CW M 300' 0' 300' GRAPHIC SCALE FIGURE 6 1073 Redbud Road GreyWoIfe, Inc. SKETCH SHOWING Winchester, @ z2603 i Land Surveying and Consulting ZONINGBOUNDARY GreyWolfeInc@aol.com OFom w OF B-2 & OM 540-667-20010FC 540-545-4001 FAX E NO: 0388 McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE; 1 " = 300' FIL DITCH FOR • 12'- 6'SHOULDER EXTEND PAVEMENT 12"ONTO SHOULDER CUT 2% 1,:1, r 54 NOTE: APPLYSEEDING TO ALL DI rCHES IM.MEIJIATELY UPON REACHING GRADE Double Aime & Seal 14' of21-B STONE (TYPIC 4L SHOULDER) 50' R.O. W. SUBBASE TO BEC014PACTED TO 9506 DENSITY. CONTRACTOR TO 5UPPLY COMPACTION REPORTS AS REQUIRED BY VOOT F7ELD INSPECTOR. J2' 2% !L "LL BM-25.0 8" 21-B STONE BASE PROPOSED STREET CROSS SECTION DESIGN SPEED = 25 MPH FIGURE 7 is j GreyWoife, Inn- Detail of Road Improvements for Land Surveying and Consulting McCann's Road (Route838) Proposed Cross -Section MCCANN OFFICE PARK DATE. AUGUST 3, 201 S J SCALE: N.T.S. TYPICAL SLOPE FOR ALL F7LL SEC7TONS. 6' SHOULDER F7LL —` 3 TRAFFIC= 1,197VPD's(Pro,Yered) NOT TO SCALE 1073 Redbud Road Winchester, VA 22603 GreylNolfelnc@aoL com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 1 • U • CO UNT'Y of FREl3ERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rw'11, @co.fidd6rick.va.us May 11, 2015 VIA E=MAIL Greywolfeinc(7a,aol.com —'AND R.1EGULAR: MAIL W..'.Gary Oates `. GreyWolfe; .Iric.: . 1013 Redbtid Road Winchester, Virginia 22603 Re: Rezoning Application — McCann Office Park Tait Parcel Numbers 44-A'-25B and 44-A-40, consisting of 1156.06 acres :(tlie "Pxoperaes), Stonewall Magisteiial District. Proposed •Proffer Statement Dear Gary: :........ . I have how had the'op portunit y fo reviewtlie piioposed proffer statement, dated March 6, 2015,4-evised'Mar6li l8; 2015 (the "Proffer" Statemenf -foi di:e •rezoning :of the Properties from the-,RA'(Rural'Areas)-zoriirig:district.to the RA (Rural Azeas)zoning:district,:witli proffers; ;the B2.{General Business)' zoziing'clistrict, with:proffers; and the OM :(Office-Manuf ieturiiig Park) zoning district; :with-proffers::;If is my opihioii that th6-Proffei•:Statemerit.-wouId •be `in a form. to meet'the requirenierits-'6f the Frederick County Zoning;Orainancc`azid tYie Code of.virgiriia;:and' would be legally sufficient'as-a proffer statoiiient; siibjecf to the follo"ng `cornmeiit5 It would-be lielpful somewhere on th-introdubtor'y page of the'Proffer'Stateririeiit;ao .- establish ..`die-Propeity". as a defined Germ, referring collectively fo parcels 44=A-25B and ..44�A=40; aricl'tlien to iise th'e Perm."tlie Property" consistently . ougKout tlie'•Pioffe'r '�•: Zoiiirig-boiindaries/designations--Iri order'to•povidesu�cient deiiniteriessto the zoning -process; the specific internal zoning botindaries-(see•FigUre 4) Will'rieed to be•shown-by metes and bounds:::.•. Description at' the boitoin of page a =.It would be appropriate ta're#e'rence as .well the '..recorded surveys' for the two parcels; as -the acreages in the•tvvo deeds do not necessarily coitespdxid with•particularity to the acreages'as showzi'on the suiveys-and referenced in the rezoning materials. Also, the reference to the'first deed should be to instrument number 010012943. 107 North Dent Street Winchester, Virginia 22601 • Mr. Gary R. Oates May 11, 2015 Page 2 • Proffer 1 The Proffer Statement should be a'stand-alone document, without references to extraneous documents. Therefore, the reference in the second sentence to the TIA should be deleted;,the sentence should simply end at "13,308". • Proffer l :a.iii: = The "southern parcel"/"McCann remainder" presents ari impractical situation.:: While temporary access throiigh'tlic right of way dedica#ion area for Route 3'7 woiild work priorAo,.tlie construction of Route? at that location, the"southern parcel"/"M6Cann•ieinainder" would be landlocked (by Route 37,.CSX, Arid the Weber, Bridge;- and ,Shumaker l roperties)'upon the 6oitst6ctioii of Route 37 as a liriiited access highway at that locafion: • Proffer l.b:i.—The'proffer sltould indicate iAie ier the triggering.event is the"earlier or the later to occur of the indicated events: • Proffer l.b.iii. — Tlie cul-dc-sac appears oi] Figtii'e-4'and riot Figure 2. Further in this regard; it may be helpful Io provide a Figure with" an expaiided illustrative of and showing the diameter of the'cul=de=sac;'such as with the Figures in the Route 37;-Route 11, and OId Charlestowii'Road dedications: •' Proff6,T.b.i., For clai'ity;.`..`.f1ie Park" Should be`.`t1ie- roperty".' Also; in'. at this proffer specifically defiite§' the location of the entrance to th'e'Property,`thelaiigiiage; in proffer ., . .1.a:i: should be-correspond1figly•changed.. • Proffer' :c:ii. a17d, ii..- It would be'helpful'to add a comma following "if notI constructed' by others"; to zriake-clear that'the:Pr: ffer.Statement obligates'completion:of tli'e irriprovement prior to issuaiice'of the first' certificate• of occupancy for the.Properly.: : proffer;�l:c:v:' he*'proffer should'' diess:the'timirig of fhe cul-de'sac construction iri:the " eveiifttiat'.tkie 6audonmient'is not'corriplete'per'.proffer 1?roffer l":o:vi: Tri tie event thaiif e-ii&d.§sary.!n.cinal'`.`road"ao serve the I'roperty'is more :tk 1a one."road"; it maybe best-to'iise the'terrri .`.`ro; �d(s)" to -refer to this::: ' e'rT.U.i.•- ,96Cause a- Coffer.cannot"obiigate actioii'liytlie governing.body;"to Proff p >; requested by the Board'of Supervisors . s�ould'be bhatiged to "if requested by thi✓ Board -'of Supervisors" ;• . Proffer:l Iiii:* The -proffer stioiild'ihdicatc the't'iming'of this featiife; which would :. abhs hurenrofrpresurl" l .c.iv.'.: vbdrhilows:6 Proffet3b:-For`clartypirposes;-Iwould'offei`a regof "Theowneproffers that the"30.24acre portionof theProperty,to-be-zoiiedRA; and as is shown on Figure •5;'sha11 bean open space buffer for public use and enjoyment; without any construction, roads, or trails thereon." Mr. Gary R. Oates May 11, 2015 Page 3 o Proffer 4.a. — Forclarity purposes, it may be appropriate for "individual tenant signage" to read "individual tenant and/or owner signage". This would address a situation in which the office park might be subdivided into individual lots, so that, still, only the park name and logo would appear on the sign. . 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 that review will be done by staff and the Planning Commission. Sinter ly!B� Roderick lliams County Attorney cc: Michael Ruddy, Department of Planning and Development (via e-mail) GREYWOLFE, INC. --��1073 REDBUD ROAD • WINCHESTER, VA 22603 7 (540) 667-2001 • (540) 545-4001 FAX 11 GREYWOLFEINC@AOL.COM Roderick B. Williams, County Attorney August 27, 2015 107 North Kent Street Winchester, VA 22601 Subject: McCann Office Park Mr. Williams, This letter Is response to your comments dated May 11, 2015. I have revised the proffers based your comments and have attached them to this letter. Please note that since your review, VDOT has requested the main access to shift to McCanns Road and another property has been added to the rezoning. 1. The "properties" have been identified via tax parcel numbers and deed references. 2. Metes and Bounds of the specific areas to be zoned to the different designations are shown in figures 4 thru 6. 3. The reference to the plats of record are added. 4. The reference to the TIA in proffer 1 has been removed. 5. In reference to the remainder in proffer i.a.iii, since it is the desire of the County and State to receive the right of way as part of the rezoning and we cannot a landlocked parcel, the 50' easement is our only recourse. The County or State will either have to provide an alternate access or provide a bride or tunnel under Route 37 for access. I have left this proffer as written. I am open to discuss any other solutions. 6. A trigger for Proffer 1.b.i, has been added. 7. Proffer i.b.iii has been revised. 8. The term "Park" has been replaced with "Properties". 9. Proffers 1.c.il and iII have been removed. 10. Proffer 1.c.V has been removed. 11. Proffer 1.d.1 has been removed. 12. Proffer i.d.iii has been removed. 13. Proffer 3.b has been simplified. 14. Proffer 4.a has been revised per your comment. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc • 0 Staunton McCann Business Center TIA, Frederick County, VA Summary of VDOT Review Comments September 11, 2015 1. The updated report assumes that Snowden Bridge Boulevard will be completed (connecting Old Charles Town Road to US 11) in the Build Year of 2025. However, the traffic volumes with the Build Year and Design Year Synchro models assume that all peak hour traffic will access the Stephenson Village / Snowden Bridge development from the entrance on Old Charles Town Road. This assumption creates unrealistic higher volumes on US 11 and Old Charles Town Road as trip distribution to the Snowden Bridge Boulevard / US it connection is not being accounted for. The trip distribution should reflect this connection if the improvement Is going to be reflected in the report. Alternatively, if the improvement is not assumed to be in place by the build year, background trips to be lowered to a more realistic yet. The report also assumes that US 11 will be improved to a 6 lane, divided facility (as planned by the Frederick County Comprehensive Plan) by others in the 2025 Build Year. Given the timeframe of transportation projects at this scale, the assumed improvement would generally be in a planning level study given the 10 year horizon. Since there is not even a present day discussion of a study at this location, in our opinion It is highly unlikely that such an improvement would be completed by the 2025 Build Year. VDOT recommends that the applicant verify whether or not the recommended improvements will mitigate the traffic impacts of the development if US 11 has not been improved in the 2025 Build Year. By assuming this condition as present in the next 10 years, the analyst portrays an operational condition which is favorable along US 11, but is unlikely to be realized since the condition is unfunded for at least the next 6 years. As the County continues to support land development changes along the corridor, the Department would advise that consideration be given to beginning the initial planning necessary to pursue a future widening project along US 11. The signal warrant analysis submitted with the TIA is considered for informational purposes only. Prior to entering into a signalization agreement with the developer, VDOT will require that an updated signal warrant analysis be submitted with the initial site plan on the property. In order to maintain operational performance on US 11, the proposed site entrance on US 11 should be developed as a single way stop controlled entrance until such time that site generated trips meet signal warrants. At such time, the developer shall be responsible for installation of the signal. Please revise proffer 41.b.1 accordingly. 4. The concept plan provided in the report does not identify the layout of the proposed site uses. Will the proposed right -in / right -out only entrance along Old Charles Town Road connect internally to the main development entrance on US 11? Was allowing left turn movements from 0 0 Staunton westbound Old Charles Town Road into the site considered at this entrance? This movement would redistribute some trips from US 11 south. 5. The proposed cross-section for the improvements to McCann's Road as provided in Figure 7 of the proffers is inadequate for a commercial roadway serving the proposed Intensity of development. The cross-section should be curb and gutter and a minimum 36' pavement width is recommended (U3 typical section). Note that both the Build Year and Design Year Synchro models show a 5 lane road section for McCann's Road (including the turn lanes) at the intersection with US 11. Please revise. 6. The report and proffer fll.b.v.1 states that a 10' multiuse trail will be constructed parallel to the improved McCann's Road and will be designed to be extended to adjacent properties, VDOT recommends expanding the proffer to include an internal pedestrian and bicycle network with the design of the development. 7. VDOT recommends updating proffer 41.b,v to state that the improved McCann's Road will be transitioned down to the existing roadway cross-section prior to the existing CSX railroad bridge. 8. Please update the cost estimate for the improvement to McCann's Road in Appendix E based on Comment 5. The estimate should be based on a $7,500,000 cost per mile. 9. The Existing Year Synchro models contain a coding error at the intersection of US 11 and Old Charles Town Road. The intersection is angled in a way that causes the US 11 north and southbound movements are modeled as turning movements. Please correct and verify that the results previously reported are accurate. 0 Page l of 4 l Subj: RE: McCann TIA Submittal Date: 9/23/2015 1:14:55 P.M. Eastern Daylight Time From: timstowe(a)stowecompanies.com To: Terry. ShortJR(a)VDOT.Virginia.gov CC: Matthew.Smith@vdot.virginia.gov, Adam F. Cam pbell(@vdot.virpinia.gov,'bishop Weva.us, Rhonda. Funkhouser(a)VDOT.Virginia.gov, GreyWolfelncC@aol.com Terry, I offerthe following responses to the comments offered on 9/21/15 pertaining to the subject project. McCann Traffic Impact Study Responses to VDOT Comments September 23, 2015 The updated report assumes that Snowden Bridge Boulevard will be completed (connecting Old Charles Town Road to US 11) in the Build Year of 2025. However, the traffic volumes with the Build Year and Design Year Synchro models assume that all peak hour traffic will access the Stephenson Village / Snowden Bridge development from the entrance on Old Charles Town Road. This assumption creates unrealistic higher volumes on US 11 and Old Charles Town Road as trip distribution to the Snowden Bridge Boulevard / US 11 connection is not being accounted for. The trip distribution should reflect this connection if the improvement is going to be reflected in the report. Alternatively, if the improvement is not assumed to be in place by the build year, background trips to be lowered to a more realistic yet. Response: The reviewer has incorrectly interpreted the report. The report does assume that certain proffered improvements associated with the Snowden Bridge project will be constructed by the McCann build out year 2025, but it does not assume Snowden Bridge Blvd will be completed to Route 11, which is why all traffic from the Snowden Bridge projects enters and exists onto Old Charles Town Road. Many of the transportation improvements proffered by the Snowden Bridge project are initiated when traffic volumes reach a pre -determined threshold. The McCann report assumes this threshold will be reached for the signalization of 2 intersections and the widening of Old Charles Town Road. 2. The report also assumes that US 11 will be improved to a 6 lane, divided facility (as planned by the Frederick County Comprehensive Plan) by others in the 2025 Build Year. Given the timeframe of transportation projects at this scale, the assumed improvement would generally be in a planning level study given the 10 year horizon. Since there is not even a present day discussion of a study at this location, in our opinion it is highly unlikely that such an improvement would be completed by the 2025 Build Year. VDOT recommends that the applicant verify whether or not the recommended improvements will mitigate the traffic impacts of the development if US 11 has not been improved in the 2025 Build Year. By assuming this condition as present in the next 10 years, the analyst portrays an operational condition which is favorable along US 11, but Is unlikely to be realized since the condition is unfunded for at least the next 6 years. As the County continues to support land development changes along the corridor, the Department would advise that consideration be given to beginning the initial planning necessary to pursue a future widening project along US 11. Response: Capacity Improvements on Route 11 in the vicinity of the McCann project are assumed to be in place by the year 2025. Since this is a priority for Frederick County it is presumed that work on this project can be expected within 10 years. An improved Route 11 does provide benefits to the McCann project as well as all travelers in the area. However, a modeling scenario was also included based on the existing roadway conditions which results in longer delays at full build out since there is only one receiving lone for vehicles turning left from McCann Road. Wednesday, September 23, 2015 AOL: GreyWolfeIne Page 2 of 4 The signal warrant analysis submitted with the TIA is considered for informational purposes only. Prior to entering into a signalization agreement with the developer, VDOT will require that an updated signal warrant analysis be submitted with the initial site plan on the property. In order to maintain operational performance on US 11, the proposed site entrance on US 11 should be developed as a single way stop controlled entrance until such time that site generated trips meet signal warrants. At such time, the developer shall be responsible for installation of the signal. Please revise proffer #l.b.i accordingly. Response: The proffer is saying the same thing as the comment. The developer has proffered to enter into a signalization agreement with VDOT, and that signalization agreement gives VDOT the right to require the signal when VDOT deems the timing is right. Until VDOT asks for the signal, the existing stop sign will remain in place and all improvements will be made in accordance with site plans which will be reviewed and approved by the Edinburg office of VDOT. 4. The concept plan provided in the report does not identify the layout of the proposed site uses. Will the proposed right -in / right -out only entrance along Old Charles Town Road connect internally to the main development entrance on US 11? Was allowing left turn movements from westbound Old Charles Town Road into the site considered at this entrance? This movement would redistribute some trips from US 11 south. Response: The proposed sites uses are not known at this point. Therefore it is assumed the future entrance onto Old Charles Town Road will be a driveway for one of the uses. A left turn movement was considered; however, due to the traffic load onto the road it was felt that it would be better to have only a right-in/right-out for public safety. We are choosing to proceed with the entrance as planned. The proposed cross-section for the improvements to McCann's Road as provided in Figure 7 of the proffers is inadequate for a commercial roadway serving the proposed intensity of development. The cross-section should be curb and gutter and a minimum 36' pavement width is recommended (U3 typical section). Note that both the Build Year and Design Year Synchro models show a 5 lane road section for McCann's Road (including the turn lanes) at the intersection with US 11. Please revise. Response: The proposed cross-section for a 24' wide improvement to McCann's Road is adequate. Please consider that 99% of the traffic on McCann Road will be for this development. VDOT and the County will review and require improvements as site plans come in and the improvements will be based on actual traffic counts instead the "worst -case scenario" required for T1A's. The applicant will transition from the intersection of Route 11 to the 24' wide improvements as proposed in the proffers and GDP. 6. The report and proffer #l.b.v.1 states that a 10' multiuse trail will be constructed parallel to the improved McCann's Road and will be designed to be extended to adjacent properties. VDOT recommends expanding the proffer to include an internal pedestrian and bicycle network with the design of the development. Response: The proffered multi -use trail along McCann's Road will remain In the current proffers, however, we cannot implement your suggestion to require or proffer It throughout the development as we do not know the future users. For example, one interested partyfrom this past year would require level government security around the facility and we cannot have the public walking In there. VDOT recommends updating proffer #1.b.v to state that the Improved McCann's Road will be transitioned down to the existing roadway cross-section prior to the existing CSX railroad bridge. Response: The current proffer will remain as written. The transition from the Improved 24' wide paved road to the existing gravel road Is not necessary to be included In proffers. The will be required by VDOT on the road plans that will have to be reviewed and approved prior to any improvements within your right of way. The proffers are written to include items that County and Wednesday, September 23, 2015 AOL: GreyWolfeInc Page 3 of 4 State would not otherwise have the authority to require. 8. Please update the cost estimate for the improvement to McCann's Road in Appendix E based on Comment 5. The estimate should be based on a $7,500,000 cost per mile. Response: The cost estimate has been updated and is attached. $7,500,000 per mile seems very excessive for a roadway of this type. 9. The Existing Year Synchro models contain a coding error at the intersection of US 11 and Old Charles Town Road. The intersection is angled in a way that causes the US 11 north and southbound movements are modeled as turning movements. Please correct and verify that the results previously reported are accurate. Response: Curvature was added to Route 11 and Old Charles Town Road at the intersection of the two roadways to adjust some of the angled movement. However, Old Charles Town Road does not intersect Route 11 perpendicularly, it intersects on a skew. While extended massaging of the models may result in some improved results, this intersection was found to have failing levels of service for key movements regardless of the model adjustments. This Is due to the high volume of traffic that will remain in this intersection until an alternate route is provided. Tim Stowe Stowe Engineering V 540.686.7373 If 540.301.1100 c 540.336.0656 From: Short, Terry (VDOT) [mailto:Terry.ShortJR@VDOT.Virginia.gov] Sent: Monday, September 21, 2015 5:18 PM To: timstowe@stowecompanies.com Cc: Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov>; Campbell, Adam (VDOT) <AdamF.Campbell@vdot.virginia.gov>; John Bishop (jbishop@fcva.us) <jbishop @fcya.us>; Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.go_v> Subject: McCann TIA Submittal Attached please find District comments related to your recent submittal of the subject TIA. Should you have any questions, please let us know. Thanks. Terry Terry R. Short, Jr. I District Planning Manager VDOT - Staunton District 811 Commerce Road Staunton, VA 24101-9029 voice: 510/332-9057 fax: 510/332-2262 cell: 510/117-6350 e-mail: terry.shortJR@vdot.virginia.gov Wednesday, September 23, 2015 AOL: GreyWolfeTnc 0 Page 4 of 4 APlease consider the environment be/ore printing thls email Wednesday, September 23, 2015 AOL: GreyWolfeIne McCann Business Center Estimated Cost of Public Transportation Improvement 23-Sep-15 McCann Road Improvements (Route 838) 1 Reconstruction of McCann Road (Rte 838) for 2100 ft w/ grading, drainage, storm water mngt, 24' pavement, 8' shoulders. 2 dual left turn lanes @ 300' wJ taper 3 dual right turn lanes 4 Approach accuated traffic signal S right of way value, 2.5 acres 6 Pavement Markings Right of Way Donation Value 1 Route 37 right of way value, 11.982 acres 2 Route 11 and Old Charles Town Rd right of way value, 2.612 ac $2,982,955 0 $250,000 $ 250,000 $300,000 $70,000 $25,000 Subtotal $3,877,955 $539,190 <11 7 Snn Subtotal $6S6,730 Project Total $4,534,685 0 0 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 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 arty other pertinent information.. Applicant's Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 McCann Office Park Location of property: Southeast intersection of Martisburg Pike (Rt 11) and Old Charlestown Road (Route 761). Lying on the western side of CSX Railway with McCanns Road running through the middle. Current zoning: RA Sanitation Authority Comments: Zoning requested: B-2 & 010 Acreage: 166.606 ao. Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant 25 p g 201a �! ' 4 9 -ANITATION AUTHORITY Post Office Box 1877 whichcster Nirginli 22604.8377 March 20, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Ref.: Rezoning Application Comments McCann Office Park Tax Map # 44-A-2513 & 44-A-40 Dear Sir: PH. — (540)868-1061 Far: — (;+;0)R68-1424 w%% n.fcsa-n'nter.coin lire E. WOFIdcl, P.F. Engineer -Director Per your request, a review of the proposed rezoning application 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 parcels are 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. Please note that the water pump station referenced in the Impact Statement is not in use nor is capable of use. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be requires and based on the layout vehicular access 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. Thank you; Uwe{!E. Weindel, PE Engineer -Director WATER'S WORTH 13 COUNTY of FREDERICK Department of Planning and Development 540/ 665-56S I Fax: 540/ 665-6395 March 18, 2015 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 RE: Request for Historic Resources Advisory Board (HRAB) Comments McCann Office Park Property Identification Number (PIN): 44-A-40 and 44-A-25B 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 March 17, 2015. The HRAB reviewed information associated with the Study of Civil War Sites in the Shenandoah Valley published by the National Park Service and information provided by the applicant's representative. This application seeks to rezone 156.6 acres of land from the RA (Rural Areas) District to the OM (Office Manufacturing Park) District and the B2 (Business General) District with proffers. The properties are located near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road, and adjacent to the CSX Railroad. The proposed use of the property is office, manufacturing and commercial uses. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service identifies these properties as core battlefield area for the Battle of Second Winchester and the Battle of Third Winchester (Opequon), with retained Integrity. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended approval of the McCann Slaughter Rezoning Application with the following conditions: • A pull off area will be provided to the Shenandoah Valley Battlefield Foundation to provide for interpretative signage. • The HRAB requested that only one freestanding sign be permitted at the park entrance off of Old Charlestown Road; said sign should be an office park sign (name of park only), not a multitenant complex sign. • Text will be added to the proffer regarding the proposed split rail fence along Martinsburg Mr. Gary Oates, LS-B, PE Re: Rezoning of the McCann Office Park March 18, 2015 Page 2 Pike and Old Charlestown Road. Please contact me with any questions concerning these comments from the HRAB. Sincerely, 1-7 Candice Perkins, AICP Senior Planner CEP/pd cc: Lauren Murphy, HRAB Chair 9 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 TO: Gary Oates GreyWolfe, Inc. FROM: Michael T. Ruddy, AICP�� Deputy Director RE: Rezoning Comments: McCann Office Park Rezoning. Martinsburg Pike and Old Charlestown Road; PIN's 44-A-25B and 44-A- 40 DATE: April 17, 2015 The following comments are offered regarding the McCann Office Park Rezoning Application. This is a request to rezone 156.606i acres from RA (Rural Areas) District to a combination of RA (Rural Areas) District 30.243t acres, B2 (General Business) 8.597f acres, and OM (Office Manufacturing) District 102.811f acres with Proffers. The review is generally based upon the proffer statement dated March 18, 2015, and the Impact Analysis Statement dated March 9, 2015. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimtnn, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General. 1) The submission fee for this application would total $25,330,00, based upon acreage of 156.6t acres. Land Use. 1) 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 SWSA. The 2030 Comprehensive Plan identifies this property with an OM (Office Manufacturing) District land use designation and a DSA (Developmentally Sensitive Area) land use designation. This was a balanced approach to the land use in this area that enabled development and protected the environmental and historic features of the site. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i 0 McCaiui Office Park Rezoning. Martinsburg Pike and Old Charlestown Road April 17, 2015 Page 2 In general, the proposed office manufacturing zoning, supported by the small area of commercial designation, for this property is consistent with the current land use supported by the Comprehensive Plan. The remaining RA (Rural Areas) District zoning is generally consistent with the identified DSA. In addition, the items that are described in the amendment to the Northeast Land Use Plan in support of the land use designations appear to be appropriately addressed. Impact Analysis and Proffer Statements. Please address the following items from the Impact Analysis and Prober Statements prepared for this Application. l ) The application's impact analysis should include more detail with regards to the suitability of the site. It is customary to prepare exhibits that show the location of the various site constraints or features such as the floodplains and wetlands. This information is important to the Planning Commission and Board of Supervisors review of the application. It would also be used to reflect the accuracy of the proposed zoning boundaries with regards to areas of development and preservation. Including the historical context of this site would also be helpful and illustrate support for the zoning delineation. 2) The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, therefore, the majority of the impacts addressed deal with transportation. In the Impact Analysis, please describe how this relates to the potential physical development of the site. It should be noted that, beyond the above described trip cap, this application provides no limitation on the potential OM and commercial land uses that may be developed on the site. 3) The Impact Analysis should include more detail regarding the proposed approach to the transportation and access component of the request and should describe how the TIA relates to the Proffer Statement. At this time there is no description as to how Route 37 and access to the southern portion of the property would be provided. The Impact Analysis is where you could describe those components of the Proffer Statement that you have proffered to address the potential transportation impacts. 4) It is understood that the overall transportation scheme for this project will change. Please make sure the revised application adequately describes and addresses the revised approach to the sites access and related transportation improvements. Comments fi•oni Mr. Bishop, Deputy Director Transportation, will be forthcoming upon submission of updated transportation information. Staff may also provide additional comments related to the proposed changes if warranted. McCann Office Park Rezoning. Martinsburg Pike and Old Charlestown Road April 17, 2015 Page 3 5) The Application includes a calculation for the potential wastewater impacts of this project. A similar evaluation of the potential water demands of the project should be included, 6) The Proffer Statement should make specific reference to the exhibits included if they are intended to be part of the Proffer Statement. The use of a proffered Generalized Development Plan may be useful with this application. 7) Please provide a separate plat showing the meets and bounds of the rezoning. 8) Proffer La) iii. Insert "37". In the same proffer; an casement within the area to be dedicated presents an encumbrance in the dedication of the Route 37 right-of- way. Would another approach to this be desirable? 9) Proffer 1.b) iii. Correct the figure reference, 10)Plcase clarify the internal 10' trail loop adjacent to Old Charlestown Pike within the Proffer Statement. 1 1) Consider connecting the proposed trail to the adjacent major development east along Old Charlestown Pike. 12) Please describe the road phasing further. This may relate to the timing of some of the other transportation proffers. 13) Consider the split rail fence proffer internal to the project, especially in the area where the internal road traverses the DSA in the northern portion of the project. 14) The Fire and Rescue Proffer trigger should be evaluated. At the time of the building pen -nit or Certificate of Occupancy may be more feasible. 15) Please clarify if the signage profiler is intended to restrict signs throughout the rest of the property. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. Additional comments will be provided upon receiving direction on a revised transportation approach. MTR/pd Impact Statement For consideration of Rezoning the lands for McCann Office Park Stonewall Magisterial District Frederick County, Virginia August 27, 2015 Tax Map Numbers 44-(A)-25A, 44-(A)-25B, & 44-(A)-40 Total Area: 154.923 acres Owners of Record: McCann Family Land Trust 562 Milburn Road Winchester, VA 22603 (540)667-3762 and Jack Wampler, Sr, and Jack Wampler, Jr. 2468 Martinsburg Pike Winchester, VA 22603 (540) 667-7772 Contact: Gary R. Oates, LS-B, PC GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax McCann Office Park Rezoning Introduction The site is located on the eastern side of Martinsburg Pike (Route 11), the southern side of Old Charlestown Road (Route 761) and is bisected by McCanns Road (Route 838) at Stephenson in Frederick County, VA. The parcels are currently zoned RA and are used for agriculture and a residence. The proposal for the site is to rezone 6.180 acres to B-2, 11.729 acres to M-1, 93.246 acres to OM, 27.435 acres set aside as Open Space Buffer area remaining RA, and the remaining land will be dedicated for Right of Way. The applicant is seeking this change in zoning to create a more viable industrial & commercial parcel consistent with the Frederick County Comprehensive Plan. Existing Conditions The property is used for agriculture. The stormwater drains generally to Hiatt Run and to the east towards the CSX railroad. Comprehensive Planning The 2030 Comprehensive Plan contains an amendment adopted by the Board of Supervisors in 2014 for this area. Key points spelled out in the amendment are the "protection of the environmental features", which is accomplished in this rezoning with the 27 acre Open Space Buffer. Another Is the Office/hndustrial land use designation and is addressed with the 93 acres of proposed OM zoning. The preservation of McCanns Road as a trail is desired; however, could not be accomplished due to concerns by VDOT. See Transportation below. Therefore, buffers, trails, road closing, etc., called for in the amendment will not be met. Another point in the amendment was the use of split rail fence along Route I 1 and Old Charlestown Road. This is another item that will not be met because a large portion of property is being dedicated to Frederick County along these roads for right of way. Then a trail will be created within a 20' pedestrian easement. Finally the fence, up to 150' from the road in places, will be a wire fence for cattle. The landscaping and distance from road will prevent most motorist from seeing the fence. A desire of the County is to obtain right of way for the future Route 37 bypass. The application proffers 11.982 acres for this; however, a portion of the property, 11.729 acres, will be landlocked unless an easement is provided. The proffer spells out that a 50' temporary access easement shall remain over the dedicate right of way until such time as 1 the County or State provides an alternative access for the parcel. This can be accomplished when Route 37 is designed and built with a frontage road, a future road through the Webber parcel, or a tunnel under Route 37. A small portion of the site, 6 acres, will be used for commercial uses to support the local office -industrial uses per the amendment. The benefit to Frederick County by approving this rezoning will be a positive economic impact from businesses through taxes, as well as employment opportunities for its citizens. Proposed Development The site will be graded, landscaped, and roads installed that will meet current County and VDOT specifications. Physical Impacts A portion of the site is located within the 100 year flood plains per FEMA Flood Map No. 51069CO250D. This area will either be set aside in the buffer area, used to for road construction in order to access the site per Frederick County Zoning Ordinance, and used to install organic BMP's such as grass swales, bio-retention cells, and artificial wetlands. An existing portion of McCann's Road will be requested for abandonment and utilized for a hiker -biker trail. This trail will have a 50' buffer centered over it to preserve the historic nature of the old road. Surrounding Properties The site is bounded by Route 11, to the west, CSX railroad to the east, Route 761 to the north, and Weber's Nursery to the south. The surrounding land uses vary from RA, RP, R-4, B-2, and M-2 on Ebert Road. Traffic Impact and Analysis The 2014 amendment to the 2030 Comprehensive Plan call for McCann's Road to be protected and a north -south road from Old Charles Town Road; however, the initial transportation impact analysis that was submitted to VDOT was met with determined resistance. Therefore, a new TIA was produced that follows the direction laid down by VDOT and the site will be accessed via McCanns Road from Route 11. McCanns Road will have to be improved for industrial traffic and a lighted intersection provided at Route 11. The only connection to Old Charles Town Road will be a restricted right in/right out entrance that will not be installed until all improvements proffered with the Stephenson Village Rezoning (RZ #06-03) and Bishop-Amari (RZ #02-09) are installed. A recent agreement and land sale with Hiatt Run Condos, LLC, provides for a public trail system that was called for in the amendment and this also provides additional right of way on McCanns Road at the intersection of Route 11 for a larger connection for turn lanes, tapers, traffic lights, etc. 2 Sewer Convevance and Treatment There is a pump station on at Snowden Bridge Station that can be reached via an easement across the adjoiners, and a study with Graystone Industrial Park to partner on a combined system. This commercial development is expected to generate 10,000 gpd and industrial portion will generate 30,000 gpd. Water Supply The FCSA has a water pump station on McCann's Road that is adjacent to the site. The water demands for an industrial general run 15%-20% higher than sewer demands for wash down, irrigation, etc. It is expected that water usage at final buildout will approach 50,000 gpd. Drainage The majority of the stormwater runoff drains to the east towards CSX. The applicant will be required to implement BMP's and other 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 1,100,000 sf development will yield 5940 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact The site known as Stephenson Depot lies to the north and the area noted in Battlefield Network Plan dated February, 1997, indicates the core area for preserving lies within the buffer area north of Hiatt Run. 3 Educational Impact This development will not create additional students for the schools. Police Fire and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per constructed building square foot to the County for fire and rescue services. Parks & Recreation Impact This development is not expected to increase population; therefore, no measurable impacts are predicted. The construction of the trails and open space available to the public should have a positive impact. Soils The soil types identified on the General Soil Map of the Soil Survey of Frederick County, Virginia are Frederick-Poplimento loams (#14B), Frederick-Poplimento very rocky loams (#16B), Frederick-Poplimento-Rock Outcrop Complex (#17C), and Swimley silt loams (#39B) as shown on map sheet 24. This 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. Geolo This area is also known for karst topography. Care should be taken to explore for sinkholes and caverns prior to any excavation or development. 4 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be conrpleled by Planning Staff Fee Amount Paid $ Zoning Amendment Number Date Received PC Hearing Date BOS 1-1 caring Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Address: 1073 Redbud Road Winchester, Virginia 22603 2. Property Owner (if different than above) Name: McCann Family Land Trust & Jack Wampter, Sr & Jr. Telephone: (540) 667-3762 Address: 562 Milburn Road Winchester, VA 22603 3. Contact person if other than above Name: Gary R. Oates Telephone: 667-2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 12 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: McCann Family Land Trust - (Judith McCann Slaughter, Ellen L. Marshall, Daniel V. Marshall, III; Sheryl M. Griffin, Susanne T. Marshall, Patricia A. Marshall, Ruth V. McCann, Thomas M. McCann) and Jack Wampler, Sr., Jack Wampler, Jr. 6. A) Current Use of the Property: Agricultural - Land Use, and Residential B) Proposed Use of the Property: Commercial and Office -Manufacturing 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 44-(A)-7,10,17,24,132B,137 Res. & Vacant RP 44-(A)-5,5B,38,39,134A,140 Res. & Vacant RA 44-(8)-1,2,3,4,5,7 Vacant RA 44-(A)-25, 26, 41, 42 Lumber Production M-1 44-(A)-43 Residential B-2 S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Southeast intersection of Martisburg Pike (Rt 11) and Old Charlestown Road (Route 761). Lying on the western side of CSX railway with McCanns Road running through the middle. 13 • 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: C Non -Residential Lots: 0 Office: Retail: 25,000 Restaurant: 12,500 sf 10. Signature: Number of Units Proposed Townhome: 0 Multi -Family: C Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: 1,000,00 Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): 04z-r 4')IS[P F Date: Date: Owner(s): E t e e' Date: 5 �• , ,et Date: Date: 0 2o/j /71c Date: 14 ADJOINING PROPERTY OWNERS 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 Aforth Kent Street. Name and Property Identification Number Address Name Hiatt Run Condos, LLC 821 Apple Pie Ridge Road Winchester, VA 22603 Property #44-(A)-17 12040 NameCharles Shumaker, et als Martinsburg Pike Winchester, VA 22603 Property 943-(A)-132B NameCharles Bridge 2010 Martinsburg Pike Winchester, VA 22603 Property #43-(A)-134A NameJohn Shoemaker 6515 Valley Road Berkeley Springs, WV 25411 Property #43-(A)-137 Name Michael Weber 1912 Martinsburg Pike Winchester, VA 22603 Property 443-(A)-140 Name Crider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property #44-(8)-1, 2, 3, 4, 5, 7 NameCrider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property #44-(A)-25, 26 NameAllen L. Shirley, et als 2455 Martinsburg Pike Stephenson, VA 22656 Property #44-(A)-5 Name Donald Shirley, et als 2359 Martinsburg Pike Stephenson, VA 22656 Property 444-(A)-5B, 7 15 0 f Name and Property Identification Number Address NameVincent Lord 2310 Martinsburg Pike Winchester, VA 22603 Property #44-(A)-10 Name Rita Wilson PO Box 2996 Winchester, VA 22604 Property 444-(A)-24 Name Gregory Bishop 285 Boggess Lane Winchester, VA 22603 Property #44-(A)-43 Name Robert Dyke 293 Old Charlestown Road Stephenson, VA 22656 Property #44-(A)-38 Name Stephenson Associates PO Box 2530 Winchester, VA 22604 Property #44-(A)-39 Name Cutshaw Enterprises, LC PO Box 805 Morganton, NC 28680 Property 1144-(A)-41, 42 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 16 REZONING APPLICATION #08-15 WCANN OFFICE PARK 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 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi-om RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M I (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 1 1) and Old Charlestown Road (Route 761). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres fi•om RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located Within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission's discussion sought clarification on a couple of points relating to the transportation comments provided in the review of this application. Ultimately, the Planning Commission did Ilot identify any outstanding concerns with the request and recommended approval of this request. Following the required public hearing, a dechvion regarding this rezoning application bV the Board of Supen,iYo/ v would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of'Supervisors. • Rezoning #08-15 McCami Office Park October 28, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be use, 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: 11/12/15 Pending PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-25A, 44-A-25B, 44-A-40 OPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculture South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture West: RP (Residential Performance) Use: Residential Rezoning 1108-15 McCann Office Park October 28, 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated September 11, 2015. Public Works Department: We do not have any comments on the proposed rezoning. However, we recommend that a wetland study and geological survey to locate potential sinkholes be performed prior to submittal of the master development plan. Frederick County Sanitation Authority: Plectse see attached letter from Uive 1:. lfheindel, PE, dated A,larch 20, 2015. Frederick -Winchester Service Authority: No comments. Frederick Count), Public Schools: No comments. Frederick County Department of Parks & Recreation: Parks and Recreation would like to see language added to address the following proffer items: a. ii. / cf. 1, ii: An indication that the McCanns Lane gate at the Cul de Sac will be of a type to allow bike and pedestrian trail users to pass, and include a marked crossing of the proposed interior road. d. iii: An indication of the timing this trail segment will be built. Other than the requested changes, Parks and Recreation supports the proposed trail network and open space proffers. Frederick County Attorney: Please see attached letter /i•om Roderick 141illiams, County Attorney, dated A7a1, 1], 2015. PlaI ninjZ & ZoniIlg: 1) 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. In 2015, a Boundary Line Adjustment Plat was approved that incorporated three acres from this property into the Hiatt Run Condominium property. As the Planning Commission and Board of Supervisors is aware, Master Development Plan MPD #04-15, the Hiatt Run Condominiums Master Development Plan, was approved by the County that enabled the development Of 120 units contained within eight garden apartment bUlldlllgS 011 the Hiatt Run property. A rezoning C� 1] Rezoning #08-15 McCann Office Park October 28, 2015 Page 4 for the three acres that was adjusted from this property is currently under review. 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 SWSA. The 2030 Comprehensive Plan identifies this property with an OM (Office Manufacturing) land use designation and a DSA (Developmentally Sensitive Area) land use designation. This was a balanced approach to the land use in this area that enabled development and protected the environmental and historic features of the site. hi general, the proposed office manufacturing zoning, supported by the small area of commercial designation, and the light industrial zoning south of future Route 37, for this property is consistent with the current land use supported by the Comprehensive Plan. The remaining RA (Rural Areas) zoning is generally consistent with the identified DSA. In addition, the items that are described in the amendment to the Northeast Land Use Plan in support of the land use designations appear to be appropriately addressed in this application. Site Access and Transportation. Primary access to the property will be via an improved McCanns Road and the intersection of McCanns Road and Route 11. A secondary future access point will be provided from Old Charlestown Road which will provide for a restricted right in, right out entrance which will be installed in the future. It is important to recognize that this approach to accessing the property was based on direction the Applicant received from VDOT during the review of this rezoning application. McCanns Road will be improved for industrial traffic and a signalized intersection will be provided at the intersection of McCanns Lane and Route 11. The Applicant has made an effort to address the potential impacts of this rezoning request by linking the vehicle trip count to the development of the property. The Average Daily Trips from this site shall not exceed 6,713. The County's Eastern Road Plan identifies Route 37 traversing through this property. In addition, Route 11 is identified as an improved arterial road and Route 761 is identified as an improved major collector road. Route 37 is appropriately addressed in this application. The right-of-way for future Route 37, a 400' strip of land, is proposed to be dedicated to the County for future Route 37 across the property within 60 days of a written request from Frederick County. 0 0 Rezoning #05-15 McCann Oft -ice Park October 28, 2015 Page 5 The Applicant has reserved a temporary access easement to the southern parcel that would be extinguished in the future when other public access is provided to serve the southern 11.982 acres. The easement within the area to be dedicated should be recognized as it may present an encumbrance in the dedication of the Route 37 right-of-way. Environment. Hiatt Run and its associated floodplains and wetlands traverse the north western portion of this property. This developmentally sensitive area has been recognized in the application by being placed in the area reserved as RA (Rural Areas) land and identified in the proffer statement as open space. 1- iston). HRAB reviewed this application at their March 17, 2015 meeting and issued comments dated March 18, 2015. The I-IRAB's recommendation included; providing a pull off area to the Shenandoah Valley Battlefields Association to provide for interpretive signage, that only one fi-eestanding sign be permitted at the park entrance off Old Charlestown Road identifying the name of the park only, and that the split rail fence along Martinsburg Pike and Old Charlestown Road is addressed. The Applicant has addressed the preservation of the core historic areas associated directly with the Stephensons Depot area by preserving this area as RA (Rural Areas) land and identifying it in the proffer statement as open space. The split rail fence has not been included as the Applicant states this will be in the large area dedicated to the County for future right-of-way and when considering the distance from the road will not be visible. It is also the Applicants desire to ensure the fence will be a wire fence for cattle. 3) Site Suitabllity/Enyironment The application's impact analysis should include more detail with regards to the suitability of the site. It is customary to prepare exhibits that show the location of the various site constraints or features such as the floodplains and wetlands. This infoi111ation is important to the Planning Commission and Board of Supervisors review of the application. It would also be used to reflect the accuracy of the proposed zoning boundaries with regards to areas of development and preservation. hlcluding the historical context of this site would also be helpful and illustrate support for the zoning delineation. 4) Potential Impacts Ill addition to addressing the transportation impacts, the Applicant has addressed other potential impacts as follows. The Applicant has proffered a 10' asphalt trail along the north side of McCanns Road which will connect into the trail proffered with the adjacent Hiatt Run • Rezoning #08-15 McCain Office Park October 28, 2015 Page 6 Condominium project. It has been pointed out that the Applicant could consider connecting the proposed trail to the adjacent major development east along Old Charlestown Pike. Please clarify the internal 10' trail loop adjacent to Old Charlestown Pike within the Proffer Statement. As a result of the pending Hiatt Run Condominium rezoning application, the trail connections in this general area may be adequately addressed. Consider the split rail fence proffer internal to the project, especially in the area where the internal road traverses the DSA in the northern portion of the project. 5) Proffer Statement Dated March 6, 2015 (revised August 27, 2015) A) Allowed Uses: No restriction on land uses is proposed. All uses within the zoning districts requested, OM, B2, M1, and RA would be permitted. It is noted that the RA (Rural Areas) portion of the property outside of the dedicated right-of-way is identified as open space and will not be developed. B) Access Management and Transportation: The site is proffered to have primary access from McCanns Road onto Route 11 and a secondary access controlled to a right in, right out entrance on Route 761. As part of this program, the Applicant has proffered: • signalization at Route 11 and McCanns Road, • turn lanes on Route 11 north, • turning lanes on McCanns Road, • improvements to McCanns Road to a point 500' west of the CSX Railroad Bridge from where all entrances to the commercial and industrial development will be located (paved with a heavy traffic cross section per VDOT standards).. The Applicant has proffered a considerable amount of right-of-way dedication to the State and the County in support of future road improvements in the area. The dedication is consistent with what is needed in this area. Most significant of the transportation proffers is the dedication of a 400' strip of land for future Route 37 across the property within 60 days of a written request from Frederick County. The Applicant has reserved a temporary access easement to the southern parcel that would be extinguished in the future when other public access is provided to serve the southern 11.982 acres. 0 . Rezoning /108-15 McCann Office Park October 28, 2015 Page 7 No additional transportation proffers or cash contributions for transportation improvements are offered with this request. C) Site Development: The Applicant has proffered that the total vehicle trips shall not exceed 6,713 vehicle trips per day as a result of the site development. This number is consistent with the amount of industrial and commercial development the Applicant modelled in their TIA. The Applicant has proffered a 10' asphalt trail along the north side of McCanns Road which will connect into the trail proffered with the adjacent Hiatt Run Condominium project. The Applicant has proffered a single monument style sign at the intersection of McCanns Road and Route 1 1 that would appear to be consistent with the requirements of the County's Sign Ordinance. The Applicant should further clarify if the signage proffer is intended to restrict signs throughout the rest of the property. In addition, a sign in this location would only be permitted if it was located on the property of the development and not off -premise. This should be addressed further by the Applicant. The County should not accept a proffer that is in conflict with current Ordinance requirements. In an effort to address the historical component of this request and the desire to provide access to the trail system and historical areas of the site, the Applicant has proffered to provide an additional ten (10) parking spaces beyond current requirements in the B2 area to be used Ior visitor parking. In addition, a 10' by 10' area nearby will be proffered for a historical marker. This marker would be provided by others. The 27.435 acres of the property that has been set aside as an open space buffer and remains RA (Rural Areas) is consistent with the environmental and historical areas recognized in the Comprehensive Plan on this property. This proffer provides visitors with access and interpretation to the recreational and historical components of this site. D) Mitigating the Impact of Development: 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 154.923 acres as follows: 43.76 acres fi-om RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres fi•om RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The • Rezoning #08-15 McCann Office Park October 28, 2015 Page 8 property is located within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable. PLANNING COMMISSION SUMMARY OF 10/21/15 MEETING: Staff reported this application is to rezone a total of 154.923 acres. He noted the rezoning appears complicated with the breakdown of acreage and zoning districts however it is consistent with the updated land uses of the 2030 Comprehensive Plan. Staff provided an overview of the location of the property at which time the right-of-way for Route 37 on the southern end of the property was emphasized. The Applicant provided the proffer statement along with a series of maps and has identified the requested zoning locations. The proffers were reviewed by Staff. The transportation proffer was highlighted specifically: Route 37 right-of-way dedication; additional right-of-way along other roads; signalization at intersection with Route 11; improvements to McCanns Road. Staff explained access to this site will be from McCanns Road and the applicant has worked closely with VDOT to receive their endorsement to access this property. Staff continued currently McCanns Road cannot support this project however the applicants proffer provides the commitment to improve McCanns Road to a standard that can support industrial traffic. Staff reiterated the land use is consistent with the 2030 Comprehensive Plan and the impacts anticipated have generally been addressed in particular transportation. The Public Hearing portion of the meeting was opened; no one came forward to speak and the Public Hearing was closed. Mr. Timothy Stowe representing the applicant came forward to answer questions anyone may have. He explained they feel this is a good balance of development property that can be used to bring industrial base to the County; to preserve green areas that will benefit the community; and to provide the transportation improvements that are needed to support this project. He feels this is a good fit and a win win for the County and for the landowner. A Commission Member inquired about page 2 of 4 of an email that was sent back to VDOT, #5 seems 0 Rezoning 08-15 McCann Office Park October 28, 2015 Page 9 to be a disagreement on the proposed cross section, whether the cross section is adequate for a commercial roadway serving the intensity of the development. I-Ie asked if an agreement was met on this. Mr. Stowe responded there are two components to this: once at the intersection we anticipate two turn lanes, one for southbound Route 1 I and one for northbound Route 1 1 traffic, plus the eastbound lane for traffic coming into the development and that would be 36 feet. I -le explained once the area for the que is cleared the intent would be to narrow the pavement to two lanes rather than carry three lanes all the way back and that area would be 24 feet. A Commission Member asked if VDOT agreed to this. Mr. Stowe responded VDOT has not responded as of today. A Commission Member inquired to Staff what if VDOT and developer do not agree. Staff noted Ultimately VDOT has the final say. A motion was made, seconded, and Unanimously passed to recommend approval of REZ #08-15 McCanns Office Park. 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 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres fi-om RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission's discussion sought clarification on a couple of points relating to the transportation comments provided in the review of this application. Ultimately, the Planning ComIriission dill not identify any outstanding Concerns with the request and recommended approval of this request. Fol1mving the required public hearing, a dedyion regarding this rezoning application by the Board of Sldpei-t,yory would be appropriate. The applicant should be prepared to adequately addres:v all concerns raised by the Board of Supervisors. REZ#08-15 McCann Office Park PINS: 44 - A - 25A, 44 - A - 25B, 44 - A - 40 Rezoning from RA to RA with Proffers, B2, M 1, and OM with Proffers 19S ` ERERT RD ��t y �MAR1 MA r-n , '•'^""'•" '..IKE •MARTINSBURG 2648 P RIK P 2562 PIKE, , MARiMSBUR •�� • i MARTINSBURG, - PIKE _ PIKE'' • l' - ARTINSBURGMARTINSBURG PIKE PIKE � .- M 2492 ti 2518 R�, MARTINSBURG 2482 MARTINSBURG MARTINSBURG PIKE PIKE 203 PIKE OLD CHARLES �393 TOWN .OID CHARI i IREZ 08-1 ' •`us,Yiii ,386 I& N REZ#08-15 McCann Office Park PINS: 44 - A - 25A, 44 - A - 25B, 44 - A - 40 Rezoning from RA to RA with Proffers, B2, M1, and OM with Proffers 2279 ESE RO MARTINSWRG 1. .. i. a.�: +4,dt'. 2259 J Z I' f E6ER' RD ^ - fps '-.,MARTINSRURG 226 EBERTRD PWE�IMARTINS6URG I IYtilCYllCI 22S1 PIKE ti i6�RG rE� _ 20 -- Iu liiol _t WN • E COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us May 11, 2015 VIA IE-MAIL — Gi•eyNyolfeinc(q-)aol.com — AND REGULAR MAIL Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Re: Rezoning Application — McCann Office Park Tax Parcel Numbers 44-A-25B and 44-A-40, consisting of ±156.06 acres (the "Properties), Stonewall Magisterial District Proposed Proffer Statement Dear Gary: I have now had die opportunity to review the proposed proffer statement, dated March 6, 2015, revised March 18, 2015 (the "Proffer Statement"), for the rezoning of the Properties from the RA (Rural Areas) zoning district to the RA (Rural Areas) zoning district, with proffers, the B2 (General Business) zoning district, with proffers, and the OM (Office -Manufacturing Park) zoning district, with proffers. 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: • It would be helpful, somewhere on the introductory page of the Proffer Statement, to establish "the Property" as a defined term, referring collectively to parcels 44-A-25B and 44-A-40, and then to use the term "the Property" consistently throughout the Proffer Statement. • Zoning boundaries/designations — In order to provide sufficient definiteness to the zoning process, the specific internal zoning boundaries (see Figure 4) will need to be shown by metes and bounds. o Description at the bottom of page 1 — It would be appropriate to reference as well the recorded surveys for the two parcels, as the acreages in the two deeds do not necessarily correspond with particularity to the acreages as shown on the surveys and referenced in the rezoning materials. Also, the reference to the first deed should be to instrument number 010012943. 107 North Kent Street - Winchester, Virginia 22601 U Mr. Gary R. Oates May 11, 2015 Page 2 a Proffer 1 — The Proffer Statement should be a stand-alone document, without references to extraneous documents. Therefore, the reference in the second sentence to the TIA should be deleted; the sentence should simply end at "13,308". Proffer 1.a.iii. — The "southern parcel"/"McCann remainder" presents an impractical situation. While temporary access through the right of way dedication area for Route 37 would work prior to the construction of Route 37 at that location, the "southern parcel"/"McCann remainder" would be landlocked (by Route 37, CSX, and the Weber, Bridge, and Shumaker properties) upon the construction of Route 37 as a limited access highway at that location. Proffer 1.b.i. — The proffer should indicate whether the triggering event is the earlier or the later to occur of the indicated events. © Proffer l .b.iii. — The cul-de-sac appears on Figure 4 and not figure 2. Further in this regard, it may be helpful to provide a Figure with an expanded illustrative of and showing the diameter of the cul-de-sac, such as with the Figures showing the Route 37, Route 11, and Old Charlestown Road dedications. a Proffer l .c.i. — For clarity, "the Park" should be "the Property". Also, in that this proffer specifically defines the location of the entrance to the Property, the language in proffer 1.a.i. should be correspondingly changed. Proffer l .c.ii. and iii. — It would be helpful to add a comma following "if not constructed by others", to make clear that the Proffer Statement obligates completion of the improvement prior to issuance of the first certificate of occupancy for the Property. e Proffer l .c.v. — The proffer should address the timing of the cul-de-sac construction in the event that the abandonment is not complete per proffer 1.d. Proffer l.c.vi. — In the event that the necessary internal "road" to serve the Property is more than one "road", it may be best to use the term "road(s)" to refer to this. a Proffer l.d.i. — Because a proffer cannot obligate action by the governing body, "to be requested by the Board of Supervisors" should be changed to "if requested by the Board of Supervisors". m Proffer l .d.iii. — The proffer should indicate the timing of this feature, which would presumably be the same as that for the feature in proffer l.c.iv. o Proffer 3.b. — For clarity purposes, I would offer a rewording of the proffer, as follows: "The owner proffers that the 30.243-acre portion of the Property, to be zoned RA, and as is shown on Figure 5, shall be an open space buffer .for public use and enjoyment, without any construction, roads, or trails thereon." Mr. Gary R. Oates May 11, 2015 Page 3 • Proffer 4.a. — For clarity purposes, it may be appropriate for "individual tenant signage" to read "individual tenant and/or owner signage". This would address a situation in which the office park might be subdivided into individual lots, so that, still, only the park name and logo would appear on the sign. 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 that review will be done by staff and the Planning Commission. Sincer-ly, Roderick R. illiams County Attorney cc: Michael Ruddy, Department of Planning and Development (via e-mail) U r� L-- GREYWOLFE, INC.`, 1073 REDBUD ROAD • WINCHESTER, VA 22603 �AA (540) 667-2001 o (540) 545-4001 FAX G REYW OLFEINC@AOL.COM Roderick B. Williams, County Attorney August 27, 2015 107 North Kent Street Winchester, VA 22601 Subject: McCann Office Park Mr. Williams, This letter is response to your comments dated May 11, 2015. I have revised the proffers based your comments and have attached them to this letter. Please note that since your review, VDOT has requested the main access to shift to McCanns Road and another property has been added to the rezoning. 1. The "properties" have been identified via tax parcel numbers and deed references. 2. Metes and Bounds of the specific areas to be zoned to the different designations are shown in figures 4 thru 6. 3. The reference to the plats of record are added. 4. The reference to the TIA in proffer 1 has been removed. 5. In reference to the remainder in proffer 1.a.iii, since it is the desire of the County and State to receive the right of way as part of the rezoning and we cannot a landlocked parcel, the 50' easement is our only recourse. The County or State will either have to provide an alternate access or provide a bride or tunnel under Route 37 for access. I have left this proffer as written. I am open to discuss any other solutions. 6. A trigger for Proffer 1.b.i. has been added. 7. Proffer 1.b.iii has been revised. 8. The term "Park" has been replaced with "Properties". 9. Proffers i.c.ii and iii have been removed. 10. Proffer 1.c.V has been removed. 11. Proffer i.d.i has been removed. 12. Proffer 1.d.iii has been removed. 13. Proffer 3.b has been simplified. 14. Proffer 4.a has been revised per your comment. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc O��arLrent ,i i�( iai;port„bor Staunton McCann Business Center TIA, Frederick County, VA Summary of VDOT Review Comments September 11, 2015 1. The updated report assumes that Snowden Bridge Boulevard will be completed (connecting Old Charles Town Road to US 11) in the Build Year of 2025. However, the traffic volumes with the Build Year and Design Year Synchro models assume that all peak hour traffic will access the Stephenson Village / Snowden Bridge development from the entrance on Old Charles Town Road. This assumption creates unrealistic higher volumes on US 11 and Old Charles Town Road as trip distribution to the Snowden Bridge Boulevard / US 11 connection is not being accounted for. The trip distribution should reflect this connection if the improvement is going to be reflected in the report. Alternatively, if the improvement is not assumed to be in place by the build year, background trips to be lowered to a more realistic yet. 2. The report also assumes that US 11 will be improved to a 6 lane, divided facility (as planned by the Frederick County Comprehensive Plan) by others in the 2025 Build Year. Given the timeframe of transportation projects at this scale, the assumed improvement would generally be in a planning level study given the 10 year horizon. Since there is not even a present day discussion of a study at this location, in our opinion it is highly unlikely that such an improvement would be completed by the 202S Build Year. VDOT recommends that the applicant verify whether or not the recommended improvements will mitigate the traffic impacts of the development if US 11 has not been improved in the 2025 Build Year. By assuming this condition as present in the next 10 years, the analyst portrays an operational condition which is favorable along US 11, but is unlikely to be realized since the condition is unfunded for at least the next 6 years. As the County continues to support land development changes along the corridor, the Department would advise that consideration be given to beginning the initial planning necessary to pursue a future widening project along US 11. 3. The signal warrant analysis submitted with the TIA is considered for informational purposes only. Prior to entering into a signalization agreement with the developer, VDOT will require that an updated signal warrant analysis be submitted with the initial site plan on the property. In order to maintain operational performance on US 11, the proposed site entrance on US 11 should be developed as a single way stop controlled entrance until such time that site generated trips meet signal warrants. At such time, the developer shall be responsible for installation of the signal. Please revise proffer hl.b.i accordingly. 4. The concept plan provided in the report does not identify the layout of the proposed site uses. Will the proposed right -in / right -out only entrance along Old Charles Town Road connect internally to the main development entrance on US 11? Was allowing left turn movements from r�\ /DOT virgins,; r!men( of ir�n:�cr!,;t�on Staunton westbound Old Charles Town Road into the site considered at this entrance? This movement would redistribute some trips from US 11 south. 5. The proposed cross-section for the improvements to McCann's Road as provided in Figure 7 of the proffers is inadequate for a commercial roadway serving the proposed intensity of development. The cross-section should be curb and gutter and a minimum 36' pavement width is recommended (U3 typical section). Note that both the Build Year and Design Year Synchro models show a 5 lane road section for McCann's Road (including the turn lanes) at the intersection with US 11. Please revise. 6. The report and proffer #1.b.v.1 states that a 10' multiuse trail will be constructed parallel to the improved McCann's Road and will be designed to be extended to adjacent properties. VDOT recommends expanding the proffer to include an internal pedestrian and bicycle network with the design of the development. 7. VDOT recommends updating proffer 41.b.v to state that the improved McCann's Road will be transitioned down to the existing roadway cross-section prior to the existing CSX railroad bridge. 8. Please update the cost estimate for the improvement to McCann's Road in Appendix E based on Comment 5. The estimate should be based on a $7,500,000 cost per mile. 9. The Existing Year Synchro models contain a coding error at the intersection of US 11 and Old Charles Town Road. The intersection is angled in a way that causes the US 11 north and southbound movements are modeled as turning movements. Please correct and verify that the results previously reported are accurate. 0 Page I of 4 Subj: RE: McCann TIA Submittal Date: 9/23/2015 1:14:55 P.M. Eastern Daylight Time From: timstowe(a�stowecompanies.com To: Terry. ShortJR(a)VDOT.Virginia.gov CC: Matthew. Smith(c�vdot.virginia.gov, Adam F.Cam pbell(cDvdot.virginia.gov, ]bishop()fcva.us, Rhonda. Fun khouser(cDVDOT.Virginia.gov, GreVWolfelnc(cDaol.com Terry, I offer the following responses to the comments offered on 9/21/1.5 pertaining to the subject project. McCann Traffic Impact Study Responses to VDOT Comments September 23, 2015 1. The updated report assumes that Snowden Bridge Boulevard will be completed (connecting Old Charles Town Road to US 11) in the Build Year of 2025. However, the traffic volumes with the Build Year and Design Year Synchro models assume that all peak hour traffic will access the Stephenson Village / Snowden Bridge development from the entrance on Old Charles Town Road. This assumption creates unrealistic higher volumes on US 11 and Old Charles Town Road as trip distribution to the Snowden Bridge Boulevard / US 11 connection is not being accounted for. The trip distribution should reflect this connection if the improvement is going to be reflected in the report. Alternatively, if the improvement is not assumed to be in place by the build year, background trips to be lowered to a more realistic yet. Response: The reviewer has incorrectly interpreted the report. The report does assume that certain proffered improvements associated with the Snowden Bridge project will be constructed by the McCann build out year 2025, but it does not assume Snowden Bridge Blvd. will be completed to Route 11, which is why all traffic from the Snowden Bridge projects enters and exists onto Old Charles Town Road. Many of the transportation improvements proffered by the Snowden Bridge project are initiated when traffic volumes reach a pre -determined threshold. The McCann report assumes this threshold will be reached for the signalization of 2 intersections and the widening of Old Charles Town Road. 2. The report also assumes that US 11 will be improved to a 6 lane, divided facility (as planned by the Frederick County Comprehensive Plan) by others in the 2025 Build Year. Given the timeframe of transportation projects at this scale, the assumed improvement would generally be in a planning level study given the 10 year horizon. Since there is not even a present day discussion of a study at this location, in our opinion it is highly unlikely that such an improvement would be completed by the 2025 Build Year. VDOT recommends that the applicant verify whether or not the recommended improvements will mitigate the traffic impacts of the development if US 11 has not been improved in the 2025 Build Year. By assuming this condition as present in the next 10 years, the analyst portrays an operational condition which is favorable along US 11, but is unlikely to be realized since the condition is unfunded for at least the next 6 years. As the County continues to support land development changes along the corridor, the Department would advise that consideration be given to beginning the initial planning necessary to pursue a future widening project along US 11. Response: Capacity improvements on Route 11 in the vicinity of the McCann project are assumed to be in place by the year 2025. Since this is a priority for Frederick County it is presumed that work on this project can be expected within 10 years. An improved Route 11 does provide benefits to the McCann project as well as all travelers in the area. However, a modeling scenario was also included based on the existing roadway conditions which results in longer delays at full build out since there is only one receiving lane for vehicles turning left from McCann Road. Wednesday, September 23, 2015 AOL: GreyWolfelnc . • Page 2 of 4 The signal warrant analysis submitted with the TIA is considered for informational purposes only. Prior to entering into a signalization agreement with the developer, VDOT will require that an updated signal warrant analysis be submitted with the initial site plan on the property. In order to maintain operational performance on US 11, the proposed site entrance on US 11 should be developed as a single way stop controlled entrance until such time that site generated trips meet signal warrants. At such time, the developer shall be responsible for installation of the signal. Please revise proffer 41.b.i accordingly. Response: The proffer is saying the some thing as the comment. The developer has proffered to enter into a signalization agreement with VDOT, and that signalization agreement gives VDOT the right to require the signal when VDOT deems the timing is right. Until VDOT asks for the signal, the existing stop sign will remain in place and all improvements will be made in accordance with site plans which will be reviewed and approved by the Edinburg office of VDOT. 4. The concept plan provided in the report does not identify the layout of the proposed site uses. Will the proposed right -in / right -out only entrance along Old Charles Town Road connect internally to the main development entrance on US 11? Was allowing left turn movements from westbound Old Charles Town Road into the site considered at this entrance? This movement would redistribute some trips from US 11 south. Response: The proposed sites uses are not known at this point. Therefore it is assumed the future entrance onto Old Charles Town Road will be a driveway for one of the uses. A left turn movement was considered; however, due to the traffic load onto the road it was felt that it would be better to have only a right-in/right-out for public safety. We are choosing to proceed with the entrance as planned. The proposed cross-section for the improvements to McCann's Road as provided in Figure 7 of the proffers is inadequate for a commercial roadway serving the proposed intensity of development. The cross-section should be curb and gutter and a minimum 36' pavement width is recommended (U3 typical section). Note that both the Build Year and Design Year Synchro models show a 5 lane road section for McCann's Road (including the turn lanes) at the intersection with US 11. Please revise. Response: The proposed cross-section for a 24' wide improvement to McConn's Road is adequate. Please consider that 99% of the traffic on McCann Road will be for this development. VDOT and the County will review and require improvements as site plans come in and the improvements will be based on actual traffic counts instead the "worst -case scenario" required for TIA's. The applicant will transition from the intersection of Route 11 to the 24' wide improvements as proposed in the proffers and GDP. The report and proffer #1.b.v.1 states that a 10' multiuse trail will be constructed parallel to the improved McCann's Road and will be designed to be extended to adjacent properties. VDOT recommends expanding the proffer to include an internal pedestrian and bicycle network with the design of the development. Response: The proffered multi -use trail along McCann's Road will remain in the current proffers, however, we cannot implement your suggestion to require or proffer it throughout the development as we do not know the future users. For example, one interested party from this past year would require level government security around the facility and we cannot have the public walking in there. VDOT recommends updating proffer 41.b.v to state that the improved McCann's Road will be transitioned down to the existing roadway cross-section prior to the existing CSX railroad bridge. Response: The current proffer will remain as written. The transition from the improved 24' wide paved road to the existing gravel road is not necessary to be included in proffers. The will be required by VDOT on the road plans that will have to be reviewed and approved prior to any improvements within your right of way. The proffers are written to include items that County and Wednesday, September 23, 2015 AOL: GreyWolfelnc 0 • Page 3 of 4 State would not otherwise have the authority to require. Please update the cost estimate for the improvement to McCann's Road in Appendix E based on Comment 5. The estimate should be based on a $7,500,000 cost per mile. Response: The cost estimate has been updated and is attached. $7,500,000 per mile seems very excessive for a roadway of this type. The Existing Year Synchro models contain a coding error at the intersection of US 11 and Old Charles Town Road. The intersection is angled in a way that causes the US 11 north and southbound movements are modeled as turning movements. Please correct and verify that the results previously reported are accurate. Response: Curvature was added to Route 11 and Old Charles Town Road at the intersection of the two roadways to adjust some of the angled movement. However, Old Charles Town Road does not intersect Route 11 perpendicularly, it intersects on a skew. While extended massaging of the models may result in some improved results, this intersection was found to have failing levels of service for key movements regardless of the model adjustments. This is due to the high volume of traffic that will remain in this intersection until an alternate route is provided. Tim Stowe Stowe Engineering V 540.686.7373 If 5,10.301.1100 1 c 5,10.336.0656 From: Short, Terry (VDOT) [mailto:Terry.ShortJR@VDOT.Virginia.gov] Sent: Monday, September 21, 2015 5:18 PM To: timstowe@stowecompanies.com Cc: Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov_>; Campbell, Adam (VDOT) <AdamF.Campbell@vdot.virginia.gov>; John Bishop (ibishop@fcva.us) <jbishop@fcva.us>; Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> Subject: McCann TIA Submittal �� Attached please find District comments related to your recent submittal of the subject TIA. Should you have any questions, please let us know. Thanks. Terry Terry R. Short, Jr. I District Planning Manager VDOT - Staunton District 811 Commerce Road Staunton, VA 24401-9029 voice: 540/332-9057 fax: 540/332-2262 cell: 540/447-6350 e-mail: terry.shortJR@vdot.virginia.gov Wednesday, September 23, 2015 AOL: GreyWolfelnc • • Page 4 of 4 A Please consider the environment before printing this email Wednesday, September 23, 2015 AOL: GreyWolfelnc McCann Business Center Estimated Cost of Public Transportation Improvement 23-Sep-15 McCann Road Improvements (Route 838 1 Reconstruction of McCann Road (Rte 838) for 2100 ft w/ $2,982,955 grading, drainage, storm water mngt, 24' pavement, 8' shoulders. 2 dual left turn lanes @ 300' w/ taper $250,000 3 dual right turn lanes $250,000 4 Approach accuated traffic signal $300,000 5 right of way value, 2.5 acres $70,000 6 Pavement Markings $25,000 Subtotal $3,877,955 Right of Way Donation Value 1 Route 37 right of way value, 11.982 acres $539,190 2 Route 11 and Old Charles Town Rd right of way value, 2.612 ac $117,540 • Subtotal $656,730 Project Total $4,534,685 •! 0• Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Iland 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. Applicant's Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 McCann Office Park Location of property: Southeast intersection of Martisburg Pike (Rt 11) and Old Charlestown Road (Route 761). Lying on the western side of CSX Current zoning: RA Railway with McCanns Road running through the middle. Zoning requested; B-2 & OM Acreage: 156.606 ac. Sanitation Authority Comments: n Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant 25 n L01� 0 • F/ RI�Et � �/'�Rr ..IC ��Y CO�TI� 11� Pj SC_'sll t7!1rG�_Ci�" �' �iO "C—Sn'�l !:� SLl+L��ij. I� rJl'Y Post Office Box 1877 Winchester Virginia 22604-V377 March 20, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Ref: Rezoning Application Comments McCann Office Park Tax NIap # 44-A-2513 & 44-A-40 Dear Sir: I'll. — (540)868-1061 F as — (5;0)868-i4.21) 1} }t }} ,fea8-51'.E f Ci'.CU lit t'}}e E.:i cindel, P.F. &g.1 aeer-Director Per your request, a review of the proposed rezoning application 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 parcels are 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. Please note that the water pump station referenced in the Impact Statement is not in use nor is capable of use. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be requires and based on the layout vehicular access will need to be incorporated into the final design. All casements 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. Thank you; Uwe E. Weindel, PE Engineer -Director 00 • 0 March 18, 2015 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 COUNTY of FREDERICIC Department of Planning and Development 540/665-5651 Pax: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments McCann Office Park Property Identification Number (PIN): 44-A-40 and 44-A-25B 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 March 17, 2015. The HRAB reviewed information associated with the Study of Civil War Sites in the Shenandoah Valley published by the National Park Service and information provided by the applicant's representative. This application seeks to rezone 156.6 acres of land from the RA (Rural Areas) District to the OM (Office Manufacturing Park) District and the B2 (Business General) District with proffers. The properties are located near the intersection of Martinsburg Pike and Old Charlestown Road, on both sides of McCann Road, and adjacent to the CSX Railroad. The proposed use of the property is office, manufacturing and commercial uses. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley published by the National Park Service identifies these properties as core battlefield area for the Battle of Second Winchester and the Battle of Third Winchester (Opequon), with retained integrity. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended approval of the McCann Slaughter Rezoning Application with the following conditions: • A pull off area will be provided to the Shenandoah Valley Battlefield Foundation to provide for interpretative signage. • The HRAB requested that only one freestanding sign be permitted at the park entrance off of Old Charlestown Road; said sign should be an office park sign (name of park only), not a multitenant complex sign. • Text will be added to the proffer regarding the proposed split rail fence along Martinsburg i* ii Mr. Gary Oates, LS-B, PE Re: Rezoning of the McCann Office Park March 18, 2015 Page 2 Pike and Old Charlestown Road. Please contact me with any questions concerning these comments from the FIRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP/pd cc: Lauren Murphy, HRAB Chair 99 0 TO: Gary Oates GrcyWolfe, Inc. FROM: Michael T. Ruddy, AICP�� Deputy Director COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 IZI�: Rezoning Comments: McCann Office Park lZezomng. ivlartinsburg Pike and Old Charlestown Road; PIN's 44-A-25B and 44-A- 40 DATE: April 17, 2015 The following comments are offered regarding the McCann Office Park Rezoning Application. This is a request to rezone 156.606-1- acres from RA (Rural Areas) District to a combination of RA (Rural Areas) District 30.243± acres, B2 (General Business) 8.597± acres, and OM (Office Manufacturing) District 102.8111 acres with Proffers. The review is generally based upon the proffer statement dated March 18, 2015, and the Impact Analysis Statement dated March 9, 2015. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their continents have been addressed should be Included as part of the submission. General. 1) The submission fee for this application would total $25,330.00, based upon acreage of 156.6± acres. band Use. 1) The 2030 Comprehensive Plan and the Northeast I"rederick Land Use Plan provide guidance on the future development ol' the property. The property is located within the SWSA. The 2030 Comprehensive Plan identifies this property With an OM (Office Manufacturing) District land use designation and a DSA (Developmentally Sensitive Area) land use designation. '['his was a balanced approach to the land use in this area that enabled development and protected the :nvironmcntal and historic features of the site. 107 North Kent Street, Suite 202 ° Winchester, Virginia 22601-5000 • 0 0 • McCann Office Park Rezoning. Martinsburg Pike and Old Charlestown Road April 17, 2015 Page 2 In general, the proposed office manufacturing zoning, supported by the small area of commercial designation, for this property is consistent with the current land use supported by the Comprehensive Plan. The remaining RA (Rural Areas) District zoning is generally consistent with the identified DSA. III addition, the items that arc described in the amendment to the Northeast Land Usc Plan in support of the land use designations appear to be appropriately addressed. Impact Analysis and Proffer Statements. Please address the lolloxving items firm the Impact Analysis and Prof7er Statements prepared for this Application. 1) The application's impact analysis should include more dctail with regards to the suitability of the site. It is customary to prepare exhibits that show the location of the various site constraints or features such is the floodplains and wetlands. This information is important to the Planning Commission and Board of Supervisors review of the application. It would also be used to reflect the accuracy of' the proposed zoning boundaries with regards to areas of development and preservation. Including the historical context of this site would also be helpful and illustrate support for the zoning delineation. 2) The Application has addressed the potential impacts of this rezoning request by linking improvements to the vehicle trip count, thcrefore, the majority of the impacts addressed deal with transportation. In the Impact Analysis, please describe how this relates to the potential physical development of the site. It should be noted that, beyond the above described trip cap, this application provides no limitation on the potential OM and commercial land uses that may be developed on the site. 3) The Impact Analysis should include more dctail regarding the proposed approach to the transportation and access component of the request and should describe how the TIA relates to the Proffer Statement. At this time there is no description as to how Route 37 and aCCCSS to the SOLI(IM-11 portion of the property would be provided. The impact Analysis is where you could describe those components of the Proffer Statement that you have proffered to address the potential transportation impacts. 4) It is understood that the overall transportation scheme for this project will change. Please make sure the revised application adequately describes and addresses the revised approach to the sites access and related transportation improvements. Comments front N/Ir. Bishop, Deputy Director "Transportation, will be forthcoming Upon SUbmission of updated transportation information. Staff may also provide additional comments related to the proposed changes if warranted. �* •• S McCann Office Park Rezoning. Martinsburg Pike and Old Charlestown Road April 17, 2015 Page 3 5) The Application includes a calculation for the potential wastewater impacts of this project. A similar evaluation of the potential water demands of' the project should be included. 6) The Proffer Statement should make specific relerence to the exhibits included if' they are intended to be part of the Proffer Statement. The use of a proffered Generalized Development Plan may be useful with this application. 7) Please provide a separate plat showing the meets and bounds of the rezoning. 8) Proffer La) iii. Insert "37". In the same proffer; an casement within the area to be dedicated presents an encumbrance in the dedication of the Route 37 right-of- way. Would another approach to this be desirable? 9) Proffer l.b) iii. Correct the figure reference. 10) Please clarify the internal 10' trail loop adjacent to Old Charlestown Pike within the Proffer Statement. 1 1) Consider connecting the proposed trail to the adjacent ma or development east along Old Charlestown Pike. 12) Please describe the road phasing further. This may relate to the timing of some of the other transportation proffers. 13) Consider the split rail fence proffer internal to the project, especially in the area where the internal road traverses the DSA in the northern portion ofthe project. 14) The Fire and Rescue Proffer trigger should be evaluated. At the time of the building permit or Certificate of Occupancy may be more feasible. 15) Please clarify if the signagc proffer is intended to restrict signs throughout the rest of the property. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. Additional comments will be provided upon receiving direction on a revised transportation approach. MTR/pd Impact statement For consideration of Rezoning the lands for McCann Office Park Stonewall Magisterial District Frederick County, Virginia August 27, 2015 Tax Map Numbers 44-(A)-25A, 44-(A)-25B, & 411-(A)-40 Total Area: 154.923 acres Owners of Record: McCann Family Land Trust 562 Milburn Road Winchester, VA 22603 (540)667-3762 and Jack Wampler, Sr, and Jack Wampler, Jr. 2468 Martinsburg Pike Winchester, VA 22603 (540)667-7772 Contact: Gary R. Oates, LS-B, PE G-eyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax McCann Office Park Rezoning Introduction The site is located on the eastern side of Martinsburg Pike (Route 11), the southern side of Old Charlestown Road (Route 761) and is bisected by McCanns Road (Route 838) at Stephenson in Frederick County, VA. The parcels are Currently zoned RA and are used for agriCLlltLlrc and a residence. The proposal for the site is to rezone 6.180 acres to B-2, 11.729 acres to M-1, 93.246 acres to OM, 27.435 acres set aside as Open Space Buffer area remaining RA, and the remaining land will be dedicated for Right of Way. The applicant is seeking this change ill zoning to Create a more viable IlldllStrlal d'C commercial parcel consistent with the Frederick County Comprehensive Plan. Existing Conditions The property is used for agriculture. The stormwater drains generally to I -Batt Run and to the east towards the CSX railroad. Comprehensive Planning The 2030 Comprehensive Plan Contains an amendment adopted by the Board of Supervisors in 2014 for this area. Key points spelled out in the amendment are the "protection of the environmental features", Which Is accomplished ill this rezoning With the 27 acre Open Space Buffer. Another Is the Office/Industrial land use designation and is addressed with the 93 acres of proposed OM zoning. The preservation of MCCanns Road as a trail IS CICSii-CCI; however, Could not be accomplished due to concerns by VDOT. See Transportation below. Therefore, buffers, trails, road closing, etc., called for in the amendment Will not be met. Another point ill the amendment Was the use of split rail Felice along Route I I and Old Charlestown Road. This Is another item that Will not be met becaLISC a large portion of property is being dedicated to Frederick County along these roads For right of way. Then a trail will be created within a 20' pedestrian easement. Filially the fCI1CC, up to 150' from the road ill places, will be a wire fence For cattle. The landscaping and distance from road will prevent most motorist from seeing the fence. A desire of the County is to obtain right of way for the fUILII-C Route 37 bypass. The application proffers 11.982 acres for this; however, a portion of the property, 11.729 acres, Will be landlocked unless an casement is provided. The proffer spells out that a 50' temporary access casement shall remain over the dedicate right Of Way Lllltil SLICII time as I E • the County or State provides an alternative Access for the parcel. This Call be accomplished when Route 37 is designed and built with a frontage road, a future road through the Webber parcel, or a tunnel Linder Route 37. A small portion Of the site, 6 acres, will be used for c0111111ercial uses to support the local office -industrial uses per the amendment. The benefit to Frederick County by approving this rezoning will be a positive economic impact from businesses through taxes, as well as employment opportunities for its Citizens. Proposed Development The site will be graded, landscaped, and roads installed that will meet current County and VDOT specifications. Physical Impacts A portion of the site is located within the 100 year flood plains per FEMA Flood Map No. 51069CO250D. This area will either be set aside in the buffer area, used to for 1'Oad COI1StrLICtiOI1 in Order t0 access the site per Frederick County Zoning Ordinance, and used to install organic BMP's such as grass swales, bio-retention cells, and artificial wetlands. An existing portion of McCann's Road will be requested for abandonment and utilized for a hiker -biker trail. This trail will have a 50' buffer centered over it to preserve the historic nature of the Old road. SUrrOLInding Properties The site is bounded by Route 11, to the west, CSX railroad to the east, Route 761 to the north, and Weber's Nursery to the south. The surrounding land uses vary from RA, RP, R-4, B-2, and M-2 on Ebert Road. Traffic Impact and Analysis The 2014 amendment to the 2030 Comprehensive Plan call for McCann's Road to be protected and a 1101"th-SOLItb road from Old Charles Town Road; however, the initial transportation impact analysis that was submitted to VDOT was met with determined resistance. Therefore, a new TIA was produced that Follows the direction laid down by VDOT and the site will be accessed via McCanns Road From Route 11. McCanns Road will have to be improved for industrial traffic and a lighted intersection provided at Route 11. The only connection to Old Charles Town Road will be a restricted right Wright out entrance that will not be installed until all inlprovenlents proffered with the Stephenson Village Rezoning (RZ #06-03) and Bishop-Amar1 (RZ #02-09) are installed. A recent agreement and land sale with Hiatt Run Condos, LLC, provides for a public trail system that was called for in the amendment and this also provides additional right of way On McCanns Road at the intersection 01' Route I I for a larger Connection for turn lanes, tapers, traffic lights, etc. 2 0 0 Sewer Conveyance and Treatment There is a pump station on at Snowden Bridge Station that can be reached via an easement across the adjoiners, and a study with Graystonc Industrial Park to partner on 'Cl combined system. This commercial development is expected to generate 10,000 gpd and industrial portion will generate 30,000 gpd. Water Supply The FCSA has a water pump station on McCann's Road that is adjacent to the site. The water demands for all IndLIStrlal general I'LI11 15%-20% higher than sewer demands for wash down, irrigation, etc. It is expected that water usage at final bLllldoLlt will approach 50,000 gpd. Dralllagc The majority of the storinwater runoff drains to the cast towards CSX. The applicant will be required to inlplcnlent BMP's and other 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 1,100,000 sl'developnlcnt will yield 5940 cubic yards per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Impact The site known as Stephenson Depot lies to the north and the area noted in Battlefield Network Plan dated February, 1997, indicates the core area for preserving lies within the buffer area north of Hiatt Run. Educational Impact This development will not create additional SIudCI1tS fOr the sC11001S. Police, Fire, and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.10 per constructed building square foot to the County for fire and rescue services. Parks & Recreation In1t This development is not expected to increase population; therefore, no measurable impacts are predicted. The construction of the trails and open space available to the public should have a positive Impact. Soils The soil types identified on the General Soil Map of the Soil Survey Of Frederick County, Virginia are Frederick-Poplimento loarns (#14B), Frederick-Poplimento very rocky loarns (#16B), Frederick- Pop limento- Rock Outcrop Complex (4f17C), and Swinlley silt loarns (#39B) as shown on map sheet 24. This 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. 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plclnlling Staff. l7ce A11101.111t Paid $ "Zoning Amendment Number Date Received PC I-Iearing Date /o-,�1-45 BOS Hearing Date 11-m -1,_ The followh7g illfoi-mcltioll shall be prohicled by the applicant; All parcel identification numbers, deed book and page I1LII11bcrs Illay be obtained from the Office of the Commissloncl' of Reveime, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Address: 1073 Redbud Road Winchester, Virginia 22603 2. Property Owncr (if differelit than above) Name: McCann Family Land Trust & Jack Wampler, Sr. & Jr Address: 562 Milburn Road Winchester, VA 22603 3. Contact person if other than above Name: Gary R. Oates Telephone: 540-667-2001 Telephone: (540) 667-3762 "Telephone: 667-2001 4. Checklist: Check the following Itcllls that have beeil illCILICICd With t1liS appllCatl011. Location neap Agency Co111111cnts Plat hccs Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 12 a • • 5. The Code of Virginia allows us to request full disclosure of ownership in ►•elation to ►•ezoning applications. Please list below all owners or parties in interest of the land to be rezoned: McCann Family Land Trust - (Judith McCann Slaughter, Ellen L. Marshall, Daniel V. Marshall, III; Sheryl M. Griffin, Susanne T. Marshall, Patricia A. Marshall, Ruth V. McCann, Thomas M. McCann) and Jack Wampler, Sr., Jack Wampler, Jr. 6. A) Current Use of the Property: Agricultural - Land Use, and Residential B) Proposed Use of the Property: Commercial and Office -Manufacturing 7. Adjoining I'roperty: PARCEL ID NUMBER 44-(A)-7,10,17,24,132B,137 44-(A)-5,5B, 38, 39,134A,140 44-(8)-1,2,3,4,5,7 44-(A)-25, 26, 41, 42 44-(A)-43 USE ZONING Res. & Vacant RP Res. & Vacant RA Vacant RA Lumber Production M-1 Residential B-2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Southeast intersection of Martisburg Pike (Rt 11) and Old Charlestown Road (Route 761). Lying on the western side of CSX railway with McCanns Road running through the middle. 13 • u 9. The following infonuation should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 T owilhome: 0 MUlti-Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: Retail: 25,000 Manufacturing: Restaurant: 12,500 sf Wal'ChOUSC: 1,000,00 Other: 10. Signature: I (we), the Undersigned, do hereby respectfully make application and petition the Frederick County Board Of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County Officials to enter the property for site inspection purposes. I (\VC) Understand that the sigh ISSUed When this application Is SUbmitted 1111Ist be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board Of SUpCI'VISOI'S 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 arc true and accurate to the best of my (our) knowledge. Applicant(s): 04z'r (t)ISzb 4, Date: Date: Owncr(s): c Date: L � �cC Date: Date Da to : 0�/ /f2-ZW 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 di►•ectly across a public right-of-way, a private right-of-way, or a watercourse from the ►•equested property. The applicant is required to obtain the following information oil each adjoining property including the parcel identification number which may be obtained froill the office of the Commissioner of Revenue. The Commissioner of the Revenue is localecl on the 2ncl.Jloor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameHiatt Run Condos, LLC 821 Apple Pie Ridge Road Winchester, VA 22603 Property It44-(A)-17 NameCharles Shumaker, et als 2040 Martinsburg Pike Winchester, VA 22603 Properly t143-(A)-132B NameCharles Bridge 2010 Martinsburg Pike Winchester, VA 22603 Property H43-(A)-134A NameJohn Shoemaker 6515 Valley Road Berkeley Springs, WV 25411 Property 1143-(A)-137 NanicMichael Weber 1912 Martinsburg Pike Winchester, VA 22603 Property 1143-(A)-140 Name Crider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property 1144-(8)-1, 2, 3, 4, 5, 7 Nan„eCrider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property 1144-(A)-25, 26 Nan„eAllen L. Shirley, et als 2455 Martinsburg Pike Stephenson, VA 22656 Property t144-(A)-5 Name Donald Shirley, et als 2359 Martinsburg Pike Stephenson, VA 22656 Property fl44-(A)-5B, 7 11 0 0 Name and Property Identification Number Address NameVlncent Lord 2310 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-10 Name Rita Wilson PO Box 2996 Winchester, VA 22604 Property 1144-(A)-24 NameGregory Bishop 285 Boggess Lane Winchester, VA 22603 Property 1144-(A)-43 Nanne Robert Dyke 293 Old Charlestown Road Stephenson, VA 22656 Property 1144-(A)-38 Name Stephenson Associates PO Box 2530 Winchester, VA 22604 Property 1144-(A)-39 NameCutshaw Enterprises, LC PO Box 805 Morganton, NC 28680 Property 1144-(A)-41, 42 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Namc Property 11 Namc Property 11 IN 9 REZONING APPLICATION #08-15 McCANN OFFICE PARK Staff Report for the Planning Commission Prepared: October 6, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/21/15 Pending Board of Supervisors: 1 1/12/15 Pending PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 1 1) and Old Charlestown Road (Route 761). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi•om RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located within the Sewer and Water Service Area (SWSA). The proposed land use designations for this property are Consistent with the current land use supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as well as Comprehensive Plan items such as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this sufficiently offsets the potential traffic impacts of the development. Issues and impacts associated with the environmental and historical resources on this property appear to have been adequately addressed by the Applicant. The Planning Commission should determine if the approach to addressing the transportation component of the application is acceptable. Following the required public hearing, a recommendation regar (ling this rezoning application to the Board ofSupervivory would be appropriate. The applicant should be prepared to adeguately addreSS all concerns raised by the Planning C'ommi.y.y on. Rezoning #08-15 McCann Oflice Park October 6, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide inforinatioll to the Planning Commission and the Board of Supervisors to aSSLvt them ill making a ll8cisioll oil th1S application. It may also be useful to others interested ill this tolling Matter. Unresolved i mies concerning this Application are noted Gj, staff where relevant throughout this .Staff report. Reviewed Action Planning Commission: 10/21/15 Pending Board of Supervisors: 1 1/12/15 Pending PROPOSAL: To rezone 154.923 acres as follows: 43.76 acres fi-om RA (Rural Areas) to RA (Rural Areas) with proffers, 6.18 acres fi-om RA (Rlu'al Areas) District to B2 (General Business) District, 11.729 acres fi-om RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. LOCATION: The property is located on the southeastern side of Martinsburg Pike (Route 1 1) and Old Charlestown Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-25A, 44-A-2513, 44-A-40 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculhu-e South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture West: RP (Residential Performance) Use: Residential • 0 Rezoning 1t08-15 McCann Ofiice Park October 6. 2015 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated Seplemher 11, 2015. Public Works Department: We do not have any comments on the proposed rezoning. However, we recommend that a wetland study and geological survey to locate potential sinkholes be performed prior to submittal of the master clevelopment plan. Frederick County Sanitation Authority: Please see attached letter -om Uive E. R'eindel, PE, dated A,Icn'ch 20, 2015. Frederick -Winchester Service Authority: No comments. Frederick County Public Schools: No comments. Frederick County Department of Parks & Recreation: Parks and Recreation would like to see language added to address the following proffer items: a. ii. / d. 1, ii: An indication that the McCanns Lane gate at the Cul de Sac will be of a type to allow bike and pedestrian trail users to pass, and include a marked crossing of the proposed interior road. d. iii: An indication of the timing this trail segment will be built. Other than the requested changes, Parks and Recreation supports the proposed trail network and open space proffers. Frederick County Attorney: Please see allached letter from Rod lVilliams, dared May 11, 2015. Planning & Zoninfj: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as A-2 (AgriCLdtural 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. In 2015, a Boundary Line Adjustment Plat was approved that incorporated three acres from this property into the Hiatt Run Condominium property. As the Planning Commission and Board of Supervisors is aware, Master Development Plan MPD #04-15, the Hiatt Run Condominiums Master Development Plan, was approved by the County that enabled the development of 120 units contained within eight garden apartment buildings on the Hiatt Run property. A rezoning for the three acres that was adjusted from this property is currently Linder review. 0 • Rezoning 1105-15 McCann Officc Park October 6. 2015 Page 4 2) Comprehensive Police Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Land U.ve. 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 SWSA. The 2030 Comprehensive Plan identifies this property with an OM (Office Manufacturing) land use designation and a DSA (Developmentally Sensitive Area) land use designation. This was a balanced approach to the land use in this area that enabled development and protected the environmental and IllstOl-iC features Of the site. In general, the proposed office manufactLll•Lllg Zoning, supported by the small area of commercial designation, and the light industrial Zoning south Of future Route 37, for this property is consistent with the current land use supported by the Comprehensive Plan. The remaining RA (Rural Area) Zoning is generally consistent with the identified DSA. In addition, the items that are described in the amendment to the Northeast Land Use Plan in support of the land use designations appear to be appropriately addressed in this application. Site Access and Transportation. Primary access to the property will be via an improved McCanns Road and the intersection Of McCanns Road and Route 11. A secondary future access point will be proviclecl from Old Charlestown Road which will provide for a restricted right in, right out entrance which will be installed ill the flltlll-C. It Is illlpOrtant to recognize that this approach to accessing the property was based on direction the Applicant received from VDOT during the review Of this rezoning application. McCanns Road will be improved for industrial traffic and a signalized intersection will be proviclecl at the intersection of McCanns Lane and Route 11. The Applicant has made an effort to address the potential impacts of this rezoning request by linking the vehicle trip count to the, development Of the property. The Average Daily Trips from this site shall not exceed 6,713. The County's Eastern Road Plan identifies Route 37 traversing through this property. In addition, Route 1 1 is identified as all improvc(I arterial road and ROLIte 761 is identified as an improved major collector road. Route 37 is appropriately addressed in this application. The right of way for future Route 37, a 400' strip of land, is proposed to be dedicated to the County for future Route 37 across the property within 60 clays of a written request from Frederick County. Rezonui 1105-15 McCann Ofl- ice Park October 6. 2015 Page 5 The Applicant has reserved a temporary access casement to the southern parcel that would be extinguished in the future \when Other public access is provided to serve the southern 11.982 acres. The easement within the area to be dedicated should be recognized as it may present an encumbrance in the dedication of the Route 37 right-of-way. Environment. Hiatt Run and its associated floodplains and wetlands traverse the north \vestel'll 1)01't1011 Of this property. This developmentally sensitive area has been recognized in the application by being placed in the area reserved as RA (Rural Areas) land and identified in the proffer statement as open space. Historh. HRAB reviewed this application at their March 17, 2015 meeting and issued continents dated March 18. 2015. The I-IRAB's recommendation included; providing a pull off area to the Shenandoah Valley Battlefields Association to provide for interpretive signage, that only one freestanding sign be permitted at the park entrance off Old Charlestown Road identifying the name of the park Only, and that the split rail fence along Martinsburg Pike and Old Charlestown Road is addressed. The Applicant has addressed the preservation of the core historic areas associated directly with the Stephensons Depot area by preserving this area as RA (Rural Arcs) land and identifying it in the proffer statement as open space. The split rail fence has not been included as the Applicant states this will be in the large area dedicated to the County for future right-of-way and when considering the distance fi-om the road will not be visible. It is also the Applicants desire to ensure the fence will be a wire fence for cattle. 3) Site SllitabilitN,/Eliwil'ollniciit The application's impact analysis should include more detail with regards to the suitability Of the site. It is customary to prepare exhibits that show the location of the various site constraints or features such as the floodplains and wetlands. This information is important to the Planning Commission and Board Of Supervisors review of the application. It would also be used to reflect the accuracy of the proposes] zoning boundaries with regards to areas of development and preservation. Including the historical context of this site would also be helpful and illustrate support for the zoning delineation. 4) Potential Impacts In addition to addressing the transportation impacts, the Applicant has addressed other potential impacts as follows. The Applicant has proffered a 10' asphalt trail along the north side of McCanns Road which will connect into the trail proffered with the adjacent Hiatt Run Condominium project. 0 u Rezoning 1108-15 McCann Oil -ice Park October 6, 2015 Page 6 It has been pointed out that the Applicant could consider connecting the proposed trail to the adjacent major development cast along Old Charlestown Pike. Please claril}, the internal 10' trail loop adjacent to Old Charlestown Pike within the Proffer Statement. As a rCSLtlt Of the pending Hiatt RUII Condominium rezoning application, the trail connections in this general area may be adequately addressed. Consider the split rail fence proffer internal to the project, especially in the area where the internal road traverses the DSA in the northern portion of'the project. 5) Proffer Statement Datcd March 6, 2015 (revised August 27, 2015) A) Allowed Uses: No restriction on land uses is proposed. All uses within the zoning districts requested, OM, B2, M 1, and RA would be permitted. It is noted that the RA (Rural Areas) portion of the property outside of the dedicated right- of -way is identified as open space and will not be developed. B) Access Management and Transportation: The site is proffered to have primary access from McCanns Road onto Route 1 1 and a secondary access controlled to a right in, tight Out entrance on Route 761. As part Of this program, the Applicant has proffered: • signalization at ROLItC I I and McCanns Road, • tLn•n lanes on Route I I north, • turning lanes on McCanns Road, • improvements to McCanns Road to a point 500' west of' the CSX Railroad Bridge from where all entrances to the commercial and industrial development will be located (paved with a heavy traffic cross section per VDOT standards).. The Applicant has proffered a considerable amount Of right-of-way dedication) to the State and the County in support Of fixture road improvements in the area. The dedication is consistent with what is needed in this area. Most significant ofthe transportation proffers is the dedication ol'a 400' strip of land for Future Route 37 across the property within 60 days Of a written request from Frederick County. The Applicant has reserved a temporary access easement to the southern parcel that would be extinguished in the future when other public access is provided to serve the southern 11.982 acres. No additional transportation proffers or cash contribUti011S for transportation improvements are offered with this request. .. • 0 Rezoning 110S-15 McCann Office Park October 6. 2015 Page 7 C) Site Development: The Applicant has proffcrecl that the total vehicle trips shall not exceed 6,713 vehicle trips per day as a result of. the site development. This number is consistent with the amount of inclustrial and commercial development the Applicant modellecl in their TIA. The Applicant has proffcrecl a 10' asphalt trail along; the north side o1'McCanns Road which will connect into the trail proffered With the adjacent Hiatt RLIn Condomi111L1111 project. The Applicant has proffered a single monument style sign at the intersection of McCanns Road and Route 1 I that would appear to be consistent with the requirements of the County's Sign Ordinance. The Applicant should further clarify if the signage proffer is intencled to restrict signs throughout the rest of the property. In addition, a sign in this location would only be permitted ifs it was located on the property of the development and not off -premise. This should be addressed further by the Applicant. The County should not accept a proffer that is in conflict with Current Ordinance requirements. In an effort to address the historical component of this request and the desire to provide access to the trail system and historical areas of the site, the Applicant has profferecl to provide an additional ten (10) parking spaces beyond current requirements in the B2 area to be used for visitor parking. In addition, a 10' by I W area ncarby will be proffered for a historical marker. This marker would be provided by others. The 27.435 acres of. the property that has been set aside as an open space buffer and remains RA (Rural Areas) is consistent with the environmental and historical areas recognized in the Comprehensive Plan on this property. This proffer provides visitors With access and interprctatlon to the rcereational and historical components of this site. D) Mitigating tlle Impact of Development: The Applicant has proffered a cash contribution to Frederick County for Fire and Rescue purposes in the amount of $10 per building square foot. STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING: This is an application to rezone a total of 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Arcas) with proffers, 6.18 acres from RA (Rural Arcas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located within the Scorer and Water Service Area (SWSA). The proposed land use Rezoning #05-15 McCann Office Park October 6, 2015 Page S designations for this property arc consistent with the curl'ent land usC Supported by the 2030 Comprehensive Plan. From a transportation perspective, the Applicant is addressing potential issues brought forth in the TIA as \veil as Compl'Chensivc Plan items SIICII as widening of Old Charlestown Road and Route 37 right-of- way. Staff believes this Sufficiently offsets the potential traffic impacts ofthc development. Issues and impacts associated with the Cllvll'OI111lelltal and historical 1'CSOIII'CCS Oil this property appear to have been adequately addressed by the Applicant. The Planning Commission ShOl1Id dCtcrminc if the approach to a(lCll'CSSiilg the tl'a1lSpoi'tatioil compollellt of the application is acceptable. Following the required public hearing, It recommenlllttion regarding, thi.y rezoning application to the Board of*Supervisors would be appropriate. The applicant should be prepared to ltdeguatelh address all concerns raised bl, the Planning Commission. ,.: 4k. IF REZONING : .. PUBLIC �w irri��cvwuc 540-665-S6 1 n 1 � a It 0.4 as +. a r .� s •fir " ♦ ,- wo 1! - , ~ � -o'll C - =P2 Q�/•1`�y �p• s-/ ��i_�Yy't r, .rf ._�.� 1 � �y �_ ,� f,.'° R.. - / .-. 1- ST '1 Iti,#C y•� i - el. Jq r t • • it ., �: � i' It" � � "� I �- 1 � ol lot Sry►. �d :mot.. v� 4 ,r - '�� - / _\ /_. ` r. - \`r •J /t �/, �.'' '� .1�' .� :�,,,y qh .fit - ' ,.i ��/. /��/ �� etc_. , � tY,' f. �"l w �V' .A � 1, ,� � - •}� rT' .,_^. ' 6 t , 1 '� I � � ' �- .. ��#`--Red\ - •--''� - ; � �•, r y `, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Trustee of the McCann Family Land Trust - Judith McCann -Slaughter (Address) 562 Milbum Road, Winchester, VA 22603 (Phone) (540) 667-3762 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 010012943 & 020ONA70 on Page Parcel: Lot: Block: Section do hereby make, constitute and appoint: and is described as Subdivision: 44(A)-25B and 44-(A)-40 (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE, Tim Stowe, PE (Address) 1073 Redbud Road, Winchester, Virginia, 22603 (Phone) 540-667-2001 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Properly, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is. otherwise rescinded or modified. In witness thppreeof, I (we) 46v6 hereto s"y (our) hand and seal this 2 5 day of 20 / S State of Virginia; C/County of rr To -wit: I, won't a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument �;sonally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this ay of 20 fjj DIANE W 8 Mm- ission xpires:NOIART Notary Public REGISTRATION N 354475 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 9 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.vams Department of Planning & Development, County of Fredel•icic, Virginia 107 North Kent Strcet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That 1 (We) (Name) Jack Wampler, Sr. & Jack Wampler, Jr. (Phone) (540) 667-3762 (Address) 2468 Martinsburg Pike, Stephenson, VA 22656 the o\vner(s) of all those tracts or parcels of land ("Property") conveyed to Ille (us), by deed recorded in the Clerk's Office of the Circuit Court Of the County of Frederick, Virginia, by l IlStI-LIment No. 040024111 Oil Page Parcel: Lot: Block: Section do hereby make, constitute and appoint: and is described as Subdivision: 44-(A)-25B and 44-(A)-40 (Name) GreyWolfe, Inc. - Gary R. Oates, LS-B, PE, Tim Stowe, PE (Pllolle) 540-667-2001 (Address) 1073 Redbud Road, Winchester, Virginia, 22603 fo act as Illy true and lawful attorney -Ill -fact ror and ill Illy (OLII') name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for Illy (our) above described Property, including: Rezoning (including pi -offers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to pi'CVIOUSly approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof. (we) have hereto set Illy (our) hand and seal this day of 20_ls5 Sig natw'e(s) C� , State of Virginia, City/County Of �Y��er ch- fo-wit: a Notary Public in and for the jurisdiction aforesaid, certify that f e person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 10 clay ofS P,�, , 20,S �% ` My Commission Expires: �,� „� 3 p, ) 0) h + W Megan Tennielle Pierce Notary �� Ir `i� 11,1 Commonwealth of Virginia Commission No. 342190 ?r y;_ My Commission Expires 6/30/2016 • 0 c-� AMENDMENT' Cl') Action: PLANNING COMMISSION: October 21, 2015 Recommended Approval BOARD OF SUPERVISORS: November 12, 201.5 XC APPROVED U DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08- I5 MCCANN OFFICE PARK WHEREAS, Rezoning #08-15, Of McCann Office Park, submitted by GrcyWolfe, Inc., to rezone 154.923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District with proffers and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers, with proffers dated March 6, 2015, last revised on August 27, 2015 was considered. The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road. "1'lle property is further identified with PIN(s) 44- A-25A, 44-A-2513 and 44-A-40 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 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 154.923 acres of land from the RA (Rural Areas) District to RA (Rural Areas) with proffers, 6.18 acres from RA (Rural Areas) District to B2 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with prof'Cers, with proffers dated March 6, 2015, last revised on August 27, 2015. The conditions voluntarily proffered in writing by the applicant and the property owners are attached. PDRes #47-15 n -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 Aye Gary A. Lofton Aye Robert A. 1-less Aye Robert W. Wells Aye Gene E, Fisher Aye Charles S. Del laver, Aye Jr. y Blaine P. DlUAye_ A COPY ATTEST A(-, G. Garton -- - --._ -- Frederick County Administrator VIRGINUA:1--- -RICIC CGUNTY.SCT. This instrument of writing was produced to me on at and with certilkatc rrcknutvlcd0c+rtcnt thereto,nnaxcd was adrniticd to reccrrcl, •f;r\ in po6a;d 4 ,`ice, y,8,1.ti02 of PDRes 11 I7-15 "Ind �,S. I ,�(I I trivv b(.ejI Il,ticl. if BOS Res. #032-15 ,� C�er;s r f' (� , ' , Rezoning: RZ # _-15 Property: Area: 154.923 acres Tax Parcels 44-(A)-25A, 44-(A)-25B & 44-(A)-40 Record Owners: McCann Family Land Trust Jack Wampler, Sr. ,Tack Wampler, Jr. Project Name: MCCann Office Park Original Date of Proffers: March 6, 2015 Revisions: March 18, 2015 August 3, 2015 August 27, 2015 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of' tile Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance Nvith respect to conditional Zoning, the UI1dCl"Sighed owners 11C1'eby offer the following proffers that In the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 11_-I5 for rezoning of 154.923-acres from the RA District to RA with Proffers (27.435 acres) to be used for Open Space, RA with Proffers (16.333 acres) to he dedicated for right of way to the County and Commonwealth, Business (13-2) (6.180 acres), Light Industrial (11-1) (11.729 acres), and Office Manufacturing Park (OM) (93.246 acres) Districts, development of the subject property shall be clone in conformity with the terms and conditions set forth herein, except to the cxtcnt that such terms and conditions may be subsequently amended or revised by the owners 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 grantccl, then these proffers shall be deemed withdrawn anti have no effect whatsoever. These proffers shall be binding upon the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to McCann Family land Trust front Betty Ann Marshall and Judith McCann Slaughter by Memorandum of Trust Agreement as instrument HO10012943 dated July 1, 2001, and Deed of Exchange frOl11 Judith McCann SlaLlghtCi" to McCann Family Land 'Trust as instrument 020000470 dated July 1, 2001, and from Judith McCann Slaughter and SanlUCI A. Slaughter, III, to Jack Wampler, Sr., and Jack Wampler, .Jr. as illStl'LIIIICnt 040024111 dated November 20, 2004. as recorded in the Frederick County Circuit Court Clerk's Office. See also plats of record in Deed Book 599 on Page 241, and instruments 150000961, 150000962, 150008123; and l'Lli-ther identified collectively as Tax Parcels 44-(A)-25A, 44-(A)-25B, and 44-(A)-40. 0 Proffers: 1. Transportation — Vehicle l'rips per Day to be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips shall not exceed 6,713. a. Right of Way Dedication i. The owners hereby proffer to dedicate an additional 20' strip of land to the Commonwealth of Virginia along Martinsburg Pike (Route 1 1) for future widening totaling 0.391 acres as shown on Figures 2, prior to the first certificate of occupancy or within 60 days by written request by the Commonwealth of Virginia. ii. The owners hereby proffer to dedicate land to the County of Frederick along Martinsburg Pike (Route 1 1) and along Old Charles Town Road (Route 761) for future widening and turn lanes totaling 2.221 acres as shown on Figures 2 and 3, prior to the first certificate of occupancy or within 60 days by written request by Frederick County. in. The owners hereby proffer to dedicate a 400' strip of land for Route 37, to the County of Frederick, as shown on Figure 1, within 60 days by written request by Frederick County. Access for the southern parcel (11.982 acres) shall be a 50' temporary access casement through this dedication. This casement shall be extinguished when another access point to a public road is provided by the Commonwealth, County, or others. iv. The owners hereby proffer 1.735 acres on McCann's Road (ROUte 838), to the County of Frederick as shown on Figure 2, within 60 days by written request by Frederick County. b. Road Improvements i. 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 McCann's Road (Route 838) prior to the approval of the first site plan. ii. The owners hereby proffer to install right turn lane on northbound Martinsburg Pike (Route 1 I ). Lane shall be installed prior to the first occupancy permit. 2 • L__-A iii. The owners hereby proffer to construct left and right turn lanes on McCann's Road (Route 838) at the intersection with Route 11. Laic shall be installed prior to the first Occupancy permit. iv. The owners hereby proffer a single "right in/right out" entrance onto Old Charles Town Road (Route 761). Said entrance shall align with the approved entrance of rezoning 1102-09. The entrance will not be constricted until the transportation improvements on rezonings 1102-09 (Bishop-Amari) and 1106-03 (Stephenson's Village) or January 1, 2035; whichever conics first. The owners hereby proffer to improve McCann's Road (Route 838) from the intersection of Martinsburg Pile (Route 1 1) to a point 500' west of the CSX railroad bridge. All entrances to the commercial and industrial development shall be limited to the improved section of Route 838. Improvements shall occur prior to the first Occupancy permit. Improvements are: 1. A 10' asphalt trail parallel to Route 838 along the north side of the right way. Said trail shall connect to the trail proffered in the Hiatt Rtnl Condos rezoning 11_--15. 2. The road shall be paved with a cross-section for heavy traffic per VDOT standards and specifications. A detail of this cross- section is attached as Figure 7. 2. Fire & Rescue — Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for [ire 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 occupancy permit. The term "building square foot" shall be the combined floor area for each story. 0 • 1 Historic The owners hereby proffer to provide an additional 10 parking spaces hePnd C'outt� regnrt•crnents in the commercial (I3•2) area foi v isilor parking :old it IOA 10' aria nearby t•tV a hiswHu marker, The mxrkcr, mstallatiun, nand maintenance, shall he provided h) other,,- b. I'he owners proHN the 27A35 acres ul the to he coned RA. and as sbusyn rr, figure •I. shall be an open space buffer. 4 0 g nage a. The owners pATer a single monument sty lc si fin by the intersection of McCann's Road (Route UP and Martinshurg Pike (Route I I ) not to exceed 25 let to heighl and 150 square fret in area. The sign SA he for the rndivrdUal tenant and/err owner signage S. Figures and Ilrawings —The attached figures number I through 7 to by made pan of these PI -offers 4 0 0 The conditions proffered above shall he binding upon heirs, executors, administrators. assigns, and successors in the interest of' tile owners and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other reyuirenients set forth in the Frederick County Code and Ordinance. Respectfully Submittal: i ? /2y� _ N-1 .anu Family anvil Land'Trust Date .lady IMCCann-Slaughter, Trustee 13v: NfcCann Family Land Trust Date Ellen L. Marshall, Trustee Commonwealth of Virginia, City/Count}of W I r`C� . To Wit: j The foregoing instrument �ti as acknowledged before me this clay ofC ` 20 (�cC, , S �(tit,S�`�2Q Ry Nonary,"flic Ivfy Commission I;,xpires ►��► l��Ii� Registration NLIII1hCr �.._.—...-`11.1 RENEE Pon'En�-- NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSIOM EXPIRES DEC. 31, 2017 COMMISSION 11 75ry)607 Commonwealth -of Virginia, City/c" Of , To Wit: atly The foregoing instrument was acknowledged before me thisO 6-vr R' 15 By L,--AMISLO. I + By 4�Iary Public Regist %0o, ... My,Commission Expires \., C R fly COMI i, ssiol'.4 EXPIRES 1p cQ A 11 - / q -.2e 16 2-6( - k-/g 5 -A -M Ln C-D E ack Wampler, Sr-44F"4 - Date ck Wampler, Jr Date Commonwealth of Virginia, City/County ofTo Wit: The foregoing instrument was acknowledged before me this � day of *rnhrr , 9-0t5 By -)Pc L %-N \t3 r- Notary N is My Commission Expires 3G, tittttttlacttttt,, �. w Ptdt+alf!lcC�i, t `j�C,c 11Vc1 n fx_ By _.. . Megan Tennielle Pier Commonwealth of Virginia m 4 4 Notary Public Commission No. 342190 } My Commissior. cxp res 613412016 0 3yp196 Registration Number • 0 THIS ISNOTABOUNDARYSURVEY. )\ 1 ROUTE 11 - MARTIN58URb 1 JNL \ 44-(A)-24 RITA WILSON 070014065 ZONED: RA 44-(A)-134A 44 (A) 132E USE: RES. CHARLES L. & \ CHARLES f10 AC. JANE V. BRIDGE SHUMAKER, ET ALS DB 953, PG 182 \ 130001829 ��s E ZONED:RA ZONED:RP USE.RES. USE: CHURCH \ t6.1 AC. 14.4 AC. N 21 �6 jII' 27°30 44° E N 4Q9.3� Z CI 0 01 W o N UL w 43-(A)-140 MICHAEL S. WEBER DB 673, PG 623 ZONED: RA USE: NURSERY -135.3 AC. 11.729 AC. 44-(A)-25B McCANN REMAINDER PR. ZONING; Pl-1 C4 C5 x�zN 38 130" W 00'� N 2702823" E 15.96' IPROPOSED 50'INGRESS-EGRESS ✓� FOR REMAINING PARCEL EX, 150' POWER LINE EASEMENT D8 249, PG 393 C2 HATCHED AREA DENOTES 11.982 ACRES TO BE DEDICATED TO THE COUNTY OF FREDERICK FOR ROUTE 37. tr RADIUS ARC DELTA BEARING CHORD DIRECTION CI 3300, 00' 1221, 95' 21 °12 57" N 30 °0958 " W 1214. 98' C-CW C2 3700.00' 1378.00' 21 °20'20" S 32°2952" E 1370.05' CW C3 5709.58' 374.69' 03°45'36" S 49°15'42" W 374.62' C CW E4— 5704.58' 48.80' 00°2924" S 51 °23'12" W 48.80' C-CW CS 5704.58' 1 107.30 01 004'40" S 52010'14" IN 107,30' C-CW 300' 0' 300' GRAPHIC SCALE FIGURE 1 1073 Redbud Road GreyWolfe, Inc. SKETCH SHOWING REMAINDER Winchester, VA22603 Land Surveying and Consulting PARCEL, INGRESS -EGRESS EASEMENT GreyWolfelnc@aol.com AND RIGHT OF WA 1' DEDICATION 540-667-2001 OFC FOR ROUTE 37 540 545 4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 300` 1 FILE NO: 0388 • 0 I I I 8I5HOP-MAR1 / / THIS IS NOT A BOUNDARY SURVF_ Y. I EX. 80' RIGlIT OF WAY ROUTE 11 CROSS -HATCHED AREA DENOTES 0.391 ACRES FOR RIGHT OF IVAY TO BE DEDICATED TO THE CONNONWEALTH OF VIRGINIA, HATCHED AREA DENOTES 2.221 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK, r� �Y 120' 0' 120' GRAPHIC SCALE PROPOSED 40' RIGHT OF IIVAY DEDICATION CROSS-SECTION N. T. S. FIGURE 2 1073 Redbud Road G r e y W o I f e, Inc. SICETCH SHOWING CROSS-SECTION, Winchester, VA 22603 �'� Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWol(e1nc�Oao/.coin DEDICATION FOR ROUTE 11 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 120' FILE NO: 0388 0 U r— THIS IS NOT A BOUNDARY SURVEY, I ��f2�G ✓ ,of 44-(A)-40 OPEN SPACE O BUFFER Q 30.243 AC. � O r� Z� v O O BISHOP -At IARI REZONING "02-09 ZONED: 8:2 NEW ENTRANCE TO ALIGN V✓ITH APPROVED LOCATION PER REZONING #02-09, A TRAFFIC LIGHT WILL BE INSTALLED IVHEN WARRANTED BY VOOT, BRIDGE 200' 0' 200' GRAPHIC SCALE HATCHED AREA DENOTES 2,612 ACRES FOR RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK, FIGURE 3 1073 Redbud Road G r eyWo I f e, Inc. SKETCH SHOWING CROSS-SECTION, Winchester, VA 22603 Land Surveying and Consulting PLAN VIEW, AND RIGHT OF WAY GreyWolfelnc@aol.com -- DEDICATION FOR ROUTE 761 540-667-2001 OFC 5,10-545-4001 FAX McCANN 0FFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 200FILE NO: 0388 • THIS IS NOT A BOUNDARY SURVEY. A I N 25°21 '42" E l O VJAMPLER 102, 43 O r^ S 64037"58" E\ 75.00' S 88052'29" E \ HIATT RUN PR, ON PR. B 2 s 233.71 APARTMENTS 31.437 AC 6.180 AC. h y 00 OPEN SPACE RA ��r� GJ 27.435 AC. ti J118 F I� N 02038 00E 0' 260 Q V ` �J rCj 4' J� ti Fr' ✓s0, PR. OM opoilF 61,809AC. OGtgs 300A6 S48°16'34"E �1A S 36021'40" K/ 200.00' —� 261.86' �� S 60055'08" E o 325, 00' z S 9000!y 0" A, ti rS°7�. S ,_ S 37029'46" E jo 00 0"iy 'b 0"1 {0 318. 00' SSA,° Gli. III j \ O S 00' S 77°40'19" E ' 110, 00' I I CS11- A,91� 500' 0' 500' GRAPHIC SCALE FIGURE 4 1073 Redbud Road G r e yW o l f e, Inc. SKETCH SHOWING Winchester, VA 22603 Land Surveying and Consulting ZONING BOUNDARY GreyV1o1fe1nc0ao1.com 540-667-2001 OFC OF OM AREA 540-545-4001 FAX I�9cCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 "= 500' FILE NO: 0388 i i �z w� " `5-1 L HIATT RUN APARTMENTS E 117'1'16; WA N 64040'05" W ` 10 2.23' N 70 019'55" E 106. 07' N 2S° r9ss"E 2r� s7 THIS IS NOT A BOUNDARY SURVEY 300' 0' 300' GRAPHIC SCALE HATCHED AREA DENOTES RIGHT OF WAY TO BE DEDICATED TO THE COUNTY OF FREDERICK. n-11 /94 260.00 0V38 44 W 'moo s�GP rr 5 G, duo 0 y. Cl c9 W iy `09 O PR. OM oo. 61.809 AC, � n F� p'l A° A6 pp js\ all; 00 OPEN AREA RA 27 435 AC. �o ti \= rn \� Q3 f! 77040'19" bV °tip 00 X ! 10, 00' CS RgJ✓ROgO ` S 3602140" W /J 78.95' THIS IS NOT A BOUNDARY SURVEY. # RADIUS ARC DELTA QEARING CHORD DIRECTION Cl 5709.58, 498.26' 05°00'00" S 33°06'17" W 498.10' CW C2 5704.58' 75.36' 00°95'25" S 35°58S9" W 75.36' CW C3 250. 00' 256, 70' S8 °4954 " N 86 °24'41 " E 245. 57' CW C4 1750,00' 331.84' 10051152" S69036'18"E 331,34' C-CW C3 475, 00' 503. 39' 60 °43'I5" S 61 °50'42" W 480,17' CW C4 525.00' 450,87' 49°1221 " S 67°36'09" W 437.14' C CW N 5402343" W - 5.00' CI 'S 26°29 p 94,, 3,;" FIGURE 5 GreyWolfe, Inc. SKETCH SHOWING Land Surveying and Consulting ZONING BOUNDARY OF OPEN AREA McCANN OFFICE PARK DATE: AUGUST 3, 2015 SCALE: 1 "= 300' 1073 Redbud Road Winchester, VA 22603 GreyWolfeInc@aol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 • # RADIUS ARC DELTA BEARING CHORD DIRECTlOA� 5709. 58' 1098.18' 11001 '13" S -,11 °52'17" W 1096, 49 CW MCI C2 3700, 00' 1378, 00' 21 °20'20" N 32 °2952" W 1370, 05' C CW 300' 0' 300' GRAPHIC SCALE FIGURE 6 1073 Redbud Road G r e y W o l f e, Inc. SKETCH SHOWING Winchester, VA 22603 Land Surveying and Consulting ZONING 80UNDARY GreylNolfelnc@aol.com OF B-2 & OM 540-667-2001 OFC 540-545-4001 FAX McCANN OFFICE PARK DATE: AUGUST 3, 2015 1 SCALE: 1 " = 300' FILE NO: 0388 TYPICAL DITCH FOR 2 ALL CUT SECTIONS. 6' SHOULDER EXTEND END PAVEI•;ENT 4.5' 12" ONTO SHOULDER CUT 2% 3 3 -- IB„ Double Prime & Seal NOTE 14" of 21-B STONE APPLY SEEDING TO ALL (TYPICAL SHOULDER) DITCHES IMMEDIATELY UPON REACHING GRADE. 50' R.O. V4 SUBBASE TO BE COMPACTED TO 9596 DENSITY CONTRACTOR TO SUPPLY COMPACTION REPORTS AS REQUIRED BY VDOT FIELD INSPECTOR. TYPICAL SLOPE FOR —12'ALL FILL SECTIONS. 6' SHOULDER FILL 2G, 2" SN-12.5A $" BM-25.0 6" 21-B STONE BASE PROPOSED STREET CROSS SECTION DESIGN SPEED = 251•'� FIGURE 7 60, GreyWolte9 Inn. Detail of Road Improvements for vl'0 Land Surveying and Consulting McCann's Road (Route838) -- Proposed Cross -Section McCANN OFFICE PARK ' DATE: AUGUST 3, 20151 SCALE: N.T.S. TRAFFIC = 1,197 VPD's (Proffered) NOT TO SCALE 1073 Redbud Road Winchester, VA 22503 GreyWoifelnc@aoL com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 03BS 1 C� J 9 Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: RZ # -15 Area: 154.923 acres Tax Parcels 44-(A)-25A, 44-(A)-25B & 44-(A)-40 McCann Family Land Trust ,Jack Wampler, Sr. Jack Wampler, Jr. McCann Office Park March 6, 2015 March 18, 2015 August 3, 2015 August 27, 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virglma, shall approve Rezoning Application #= 15 for rezoning of 154.923-acres from the RA District to RA with Proffers (27.435 acres) to be used for Open Space, RA with Proffers (16.333 acres) to be dedicated for right of way to the County and Commonwealth, Business (B-2) (6.180 acres), Light Industrial (M-1) (11.729 acres), and Office Manufacturing Park (OM) (93.246 acres) Districts, 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 owners 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 the owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to McCann Family land Trust from Betty Ann Marshall and Judith McCann Slaughter by Memorandum of Trust Agreement as instrument #010012943 dated July 1, 2001, and Deed of Exchange from Judith McCann Slaughter to McCann Family Land Trust as instrument 020000470 dated July 1, 2001, and from Judith McCann Slaughter and Samuel A. Slaughter, III, to Jack Wampler, Sr., and Jack Wampler, Jr. as instrument 040024111 dated November 20, 2004, as recorded in the Frederick County Circuit Court Clerk's Office. See also plats of record in Deed Book 599 on Page 241, and instruments 150000961, 150000962, 150008123; and further identified collectively as Tax Parcels 44-(A)-25A, 44-(A)-25B, and 44-(A)-40. Proffers: Transportation — Vehicle Trips per Day to be determined at Site Plan SLIb1171Ssio11 utilizing the current ITE Trip Generation Manual. The owners hereby proffer that the Average Daily Trips shall not exceed 6,713. a. Right of Way Dedication i. The owners hereby proffer to dedicate an additional 20' strip of land to the Commonwealth of Virginia along Martinsburg Pike (Route 1 1) for future widening totaling 0.391 acres as shown on Figures 2, prior to the first certificate of occupancy or within 60 days by written request by the Commonwealth of Virginia. ii. The owners hereby proffer to dedicate land to the County of Frederick along Martinsburg Pike (Route 1 1) and along Old Charles Town Road (Route 761) for future widening and turn lanes totaling 2.221 acres as shown on Figures 2 and 3, prior to the first certificate of occupancy or within 60 days by written request by Frederick County. iii. The owners hereby proffer to dedicate a 400' strip of land for Route 37, to the County of Frederick, as shown on Figure 1, within 60 days by written request by Frederick County. Access for the southern parcel (11.982 acres) shall be a 50' temporary access easement through this dedication. This easement shall be extinguished when another access point to a public road is provided by the Commonwealth, County, or others. iv. The owners hereby proffer 1.735 acres on McCann's Road (Route 838), to the County of Frederick as shown on Figure 2, within 60 days by written request by Frederick County. b. Road Improvements i. 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 McCann's Road (Route 838) prior to the approval of the first site plan. ii. The owners hereby proffer to install right turn lane on northbound Martinsburg Pike (Route 11). Lane shall be installed prior to the first occupancy permit. A • LI iii. The owners hereby proffer to construct left and right turn lanes on McCann's Road (Route 838) at the intersection with Route 11. Lane shall be installed prior to the first occupancy permit. iv. The owners hereby proffer a single "right in/right out" entrance onto Old Charles Town Road (Route 761). Said entrance shall align with the approved entrance of rezoning #02-09. The entrance will not be constructed until the transportation improvements on rezomngs #02-09 (Bishop-Amari) and 406-03 (Stephenson's Village) or January 1, 2035; whicliever comes first. The owners hereby proffer to improve McCann's Road (Route 838) from the intersection of Martinsburg Pike (Route 1 1) to a point 500' west of the CSX railroad bridge. All entrances to the commercial and industrial development shall be limited to the improved section of' Route 838. Improvements shall occur prior to the first occupancy pefllllt. Improvements are: 1. A 10' asphalt trail parallel to Route 838 along the north side of the right way. Said trail shall connect to the trail proffered in the Hiatt Run Condos rezoning #_-15. 2. The road shall be paved with a cross-section for heavy traffic per VDOT standards and specifications. A detail of this cross- section is attached as Figure 7. 2. Fire �C, Rescue — Monetary Contributions The owners hereby proffer 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 occupancy permit. The term "building square foot" shall be the combined floor area for each story. • 11 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors In the interest of* the owners and owners. In the event the Frederick COUnty Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: B. M ann Family Land Trust Date Judy McCann -Slaughter, Trustee : BY McCann Family Land Trust Date Ellen L. Marshall, Trustee Commonwealth of Virginia, City/County of IILJ I r�(` �Q To Wit: r _ I� The foregoing instrument was acknowledged before me this ! day of" 201 D B,\a,A , -k (nc Cc� tu� 5 L1S� By No ary PI )lic My Commission Expires 31 Q -)`D`7D(C)—) Registration Number JAI RENEE POTTER NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DEC, 31, 2017 COMMISSION B 7550607 0 0 Commonwealth -of -V.ii:ginia, V To Wit: City/County of ill! / / , 4 o,.f-5 The foregoing instrument was acknowledged before me this` d, 5(le 7 ,Jt9r- , zcj — By F_ I (ems . L . MASsLa. k ` BY &arYRcgistvPu6lic d MY. Commission Expires C R ?,Y O Cam' Hy Coll) 11 SS!0,11 EXPIRES 11/14/2016 2ty )_ - 2- • 6 - P6— /� 5 0 0 ;By-,/ J Ct ack Wamplcr, Sr Date By: l'z 1 ck Wampler, Jr Date Commonwealth of Virginia, City/County of VreA,r;C 1 To Wit: The foregoing instrument was acknowledged before me this l() day of 5, mhrr , 20� By `�C>C,z C� UJ 1�.,,t,Z,L�Z 11 .' -;/ i�- Notary P is My Commission Expires ,1, r,,c, 7,� 0 .20)(, By A (-\c%� \4 Vu%I ,n MO— a e— Megan Tennielle Pierce Commonwealth of Virginia }tx 7 Notary Public Commission No. 342190 my Commission Expires 6/30/2016 Registration Number .-. 9 Rezoning ComInt`nts h-redcrick C'ounIN* Depar-tinvilI of Public %%orks Hail to• Frede7nck Count}' Dep(. of Public %Vorks : 1111: Director of k.n� inc�rin, 107 \orth Kem Street Winchestet. Virginia 22601 (�•lU) Ghi_.4(r33 Baud deliver to: Fredcrick County I)clrt. 01'Public Works Atm: Director �;f' f nt;inrerin� County Adlltkwtralion Bldg., Suilc M2 107 Norlh Kc-ni Street Winclicstrr. Virginia 1pplicallt: Plc•a�,e rill out the intofol"Ition a�. a1:curately a. Im ,ible in Order tO the Iieazrtmcnt Of I'uhlic W01-16 With their re+'ie++. :kttach .1 cult)` of )our application form, location map, pniffer st:llement, impact analysis, and an)' other pertinent information. uwy It U32r.C. I , R. P,_ 1,4-plione: s :0 66 -2C-01 1lailin!! Addre"s: 1073 Redbult Itnrirt, is OC11c Mr, Vi1Um1,1, >>603 ~ Rai': iy srt`t MrC.nrns RQjd nnul,m; through tit.. midTv. 1,'r.Cann G'ficti Park Location cif propert) : SMitheast intersection of (0;)rushurp Plko (Rt ^H) and Old C.h_ulr-prom', K^.. 1 (rduut_ 761) 1 ywj nn -aiCc o` C ;X R;}I�1`i a'�! 1•:lt11 i.tl�C;,iilr� 1tiold rujil)irg ttiru171111 t1 e mrlld'n Current 7.Pr11,j(,: RA /•!'tnln�� retllwC,w 1: 11-2 x Of:t Department of Public NVork's ComilIvnts: t ter - c_o vl,t ►�n icl `� A6 .6 _w ICKA[w - .I aul 1 11 tlic Vol ti1gu;Utur d: tte i Notice to Dept. of I'uhllc \N aril {'Icsttic Return 'Phis lklt'nt t(i the Ittrlit'attt I Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (5,10) 722-3579 Hand deliver to: Frcd-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out tile InlOrmattoll as accurately as possible in order to assist the Fred-Winc Service Authority with their review. Attach a copy ofyour application forni, location map, proffer statenietit, inipact analysis, and any other pertinent information. Applicant's Nanlc: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE 'I'clephonc: 540-667-2001 Mailin.- Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 McCann Office Park Location of property: Southeast intersection of Martisburg Pike (Rt 11) and Old Charlestown Road (Route 761). Lying on tho western slde of CSX Current zoning: RA Railway with McCanns Road running through the middle. Zoning reyucsted: B-2 & OM Acreage: 156.606 uc. Fred-Winc Service Authority's Continents: no GOMI[+ 106 Fred-Winc Service Authority's 11 ,, __ � ��^ 1 LL Signature & Date: 1�'' Notice to Fred-Winc Service Authority - Please Rettn•n Form to Applicant 33 • 9 ( From:Frederick Co Fire & Rescue 540 678 4739 90 03/13/2015 11:35 #841 P.003/003 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire. Marshal.with hiew. ,Attach. a copy_o.f your applicatioq.fol t>F, location map, proffer :statement. ,,:.. is.rey, impact analysis, and any other;pcXtine iuformatroo Applicant's Name: Greywolfe, Inc. - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 McCann Office Park 11�l Southeast intersection of Martisbur Pike Rt 11 and Old Cell, Location of property: g ( ) Q Charlestown Road (Route 761). 1-yina on the western side of CSX Railway with McCanns Road running through the middle, �c9 jo S Current zoning: RA Zoning requested: B-2 & OM Acreage: 156.606 ac. Fire Marshal's Comments: FJRE MARSHAL, FREDERiCK COUNTY t 7 Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 i • t From:Frederick Co Fire & Rescue 540 678 4739 • • 03/13/2015 11:34 #841 P.002/003 Control number RZ15-0004 Project Name Old Charlestown Rd / Martinsburg Pk Address 1073 Redbud Rd Type Application Rezoning Current Zoning RA toS2&OM Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Date received Date reviewed Date Revised 3/9/2015 3/11/2015 Applicant GreyWolfe, Inc Cdy State Zip Applicant Phone Winchester VA 22603 540-667-2001 rax ID Number Fire District Rescue District 13 13 Elect'on District Recommendations Stonewa!I Automatic Fire Alarm System Residential Sprinkler System Yes No Requirement's Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Fire Lane Required No Special Hazards No Additional Comments PLANS APPROVED FIRE MARSHAL, FREDERICK COUNTY Plan Approval Recommended Reviewed By Signature Yes Kenneth Scott Title 0 • 90 Rezoning Comments Superintendent of Frederick County Public Schools Mail to: Frederick County Public Schools Attn: Superintendent P.O. Box 3508 Winchester, Virginia 22604 (540) 662-3888 Hand deliver to: Frederick County Public Schools Attn: Superintendent School Administration Building 1415 Amherst Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. reams r> reww � rrvr+i.r Applicants Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Mailing Address: Location of property Current zoning: RA Telephone: 540-667-2001 1073 Redbud Road, Winchester, Virginia, 226031-0 Winchester, Virginia 22603 McCann Office Park .' t 1 f Southeast intersection of Martisburg Pike (Rt 11) and Olc Charlestown Road (Route 761). Lying on the westem side of CS n Railway with McCanns Road running through the middl Zoning requested: B-2 & OM Acreage: 156.606 ac. Superintendent of Public Schools' Comments: 1� C't� Et�r�crtt.'t2u�r� G'1t"�ytlr��u1�-�k _� � ti S ru er tkon ig �� Superintendent's Signature & Date: 4Z 3- Notice to School Superintendent - Please Return This Form to the Applicant 24 • • • 0 Rezoning Comments rredericic County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540)665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their rc-vicw. Attach a copy of your' application form, location ntap, p►-offer statement, impact analysis, and any other pertinent information. Applicants Name: GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Te Icphotic: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 McCann Office Park Location of property: Southeast intersection of Martisburg Pike (Rl 11) and Old Charlestown Road (Route 761). Lying on the western side of CSX Railway with McCanns Road running through the middle, Current zoning: RA Zoning requested: B-2 & OM Acreage: 156.606 ac. Department of Parks & Recl'eatlon Conlnlents: Pks. & Rec. Signature & Date: Notice to Department of Parks & Recreation - Please Retnrn This ror►n to the Applicant 23 Parks & Recreation Agency Comments RE: McCann Office Park Rezoning Application Applicant: GreyWolfe, Inc. Property: 44-(A)-25B & 44-(A)-40 Comments: Parks and Recreation would like to see language added to address the following proffer items: a. H. / d. i, ii : An indication that the McCanns Lane gate at the Cul de Sac will be of a type to allow bike and pedestrian trail users to pass, and include a marked crossing of the proposed interior road. d. iii: An indication of the timing this trail segment will be built. Other than the requested changes Parks and Recreation supports the proposed trail network and open space proffers. FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Business Equipment/license Must be filed Business License tax due First Half Taxes Due Personal property Real Estate Sanitary District Street Lights Start Fort Vehicles license tax 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.fredericl<.va.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm H T A X R E C E I* T- Y E A R 2 0 1 5 Ticket #:00362680001 @@ FREDERICK COUNTY Date 6/03/2015 C. WILLIAM ORNDOFF, JR Register: JMH/JM P.O. BOX 225 Trans. #: 25852 Dept # RE201501 WINCHESTER VA 22604-0225 ACCT# 8037499 2015 REAL ESTATE Previous 60.00 ACRES 44 A 25B Balance $ 75.26 Acres: 60.00 Principal Being Paid $ 75.26 Land: 25879 Imp: 1000 Penalty $ .00 Interest $ .00 SLAUGHTER JUDITH MCCANN Amount Paid $ 75.26 MARSHALL ELLEN L TRUSTEES *Balance Due 562 MILBURN RD as of 6/03/2015 $ .00 WINCHESTER VA 22603 4724 Check# BBT 13874 $ 2383.32 Pd by SLAUGHTER SAMUEL A III & JUDITH M 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.fredericl<.va.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm H T A X R E C E IO T- Y E A R 2 0 1 5 • Ticket #:00410340001 @@ FREDERICK COUNTY Date 6/09/2015 C. WILLIAM ORNDOFF, JR Register: LBX/CA P.O. BOX 225 Trans. #: 16287 Dept # RE201501 WINCHESTER VA 22604-0225 ACCT# 8028313 2015 REAL ESTATE Previous 1.32 ACRES 44 A 25A Balance $ 636.44 Acres: 1.32 Principal Being Paid $ 636.44 Land: 58900 Imp: 168400 Penalty $ .00 Interest $ .00 WAMPLER JACK SR Amount Paid $ 636.44 WAMPLER JACK JR *Balance Due 2648 MARTINSBURG PIKE as of 6/09/2015 $ .00 STEPHENSON VA 22656 1708 Check# BB&T VA 406943$ 636.44 Pd by 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 0 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(cDco.frederick.va.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm H T A X R E C E I*T - Y E A R 0 1 5 \• Ticket #:00362700001 @@ FREDERICK COUNTY Date 6/03/2015 C. WILLIAM ORNDOFF, JR Register: JMH/JM P.O. BOX 225 Trans. #: 25852 Dept # RE201501 WINCHESTER VA 22604-0225 ACCT# 8008902 2015 REAL ESTATE Previous 98.05 ACRES 44 A 40 Balance $ 120.46 Acres: 98.05 Principal Being Paid $ 120.46 Land: 39220 Imp: 3800 Penalty $ .00 Interest $ .00 SLAUGHTER JUDITH MCCANN Amount Paid $ 120.46 MARSHALL ELLEN L TRUSTEES *Balance Due 562 MILBURN RD as of 6/03/2015 $ .00 WINCHESTER VA 22603 4724 Check# BET 13874 $ 2383.32 Pd by SLAUGHTER SAMUEL A III & JUDITH M HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA rQ 01 _..J 010012942 THIS DEED, made this 1st day of July, 2001, between H. K. Benham, III and Judith McCann Slaughter Executors of the Estate of Harry L. McCann, Thomas K. McCann (also known as T. K. McCann)(by Judith McCann Slaughter, his Attorney in Fact under Power of Attorney dated January 5, 1995 and duly recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. - fal q 0), Ruth Milhollen (by Betty T. Marshall, her Attorney in Fact under Power of Attorney dated April 4, 1985 and duly recorded in the Clerk's Office of the Circuit �,��( Court of Frederick County, Virginia as Instrument No. 0/-Z9s lL" Betty Ann Marshall, Daniel V. Marshall, III, Susanne T. Marshall, Ellen L. Marshall, Patricia A. Marshall, Sheryl M. Griffin, Judith McCann Slaughter, and Ruth McCann, of the first part, hereinafter called the Grantors; and Judith McCann Slaughter and Ellen L. Marshall, Trustees of the McCann Family Land Trust, pursuant to a Memorandum of Trust Agreement dated July 1, 2001 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. �� / Toy— , of the second part, hereinafter called the Grantees. WITNESSETH: That in order to fund the Grantee Trust, the Grantors do grant and convey, with Special Warranty of Title, unto the Grantees, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, in and to all of those two (2) certain tracts of land, containing an aggregate of 197.723 Acres, more or less, and more particularly described as follows: PARCEL ONE: All of that certain tract of land, containing 98.723 Acres, more or less, (depicted as Adjusted Tax Parcel 44-A-29 on hereinafter referenced plat) lying just East of the B & 0 Railroad and mostly East of Milburn Road, just Northeast of the City of Winchester in Stonewall Magisterial District- of Frederick County, Virginia, more particularly described by plat prepared by Mark D. Smith, L.S., dated September 22, 2000, attached to an instrument HARRISON A JOHNSTON ATTORNEYS AT LAY/ Y.TNCHESTER. VIRGINIA O t*� ui O recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 000010522. PARCEL TWO: All of that certain tract of land, containing 99 Acres, more or less, (Tax Parcel 44-A-40) lying Southeast of Route 11, Northeast of Route 838, Southwest of Route 761 and West of the B & 0 Railroad in Stonewall Magisterial District of Frederick County, Virginia and being the same properties conveyed to the Grantors herein by H. K. Benham, III, Trustee of the McCann Land Trust, pursuant to a Memorandum of Trust Agreement dated January 10, 1988 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 697, at Page 133, by deeds (1) dated December 28, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 010007280 and (2) dated December 28, 2000 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 010007281. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantees warrant that the Grantors of this deed and the beneficiaries of Grantee Trust are the same persons and no consideration has passed between the Grantors and the Grantees nor between the Grantors and the beneficiaries of the Grantee Trust. WITNESS the following signatures and seals: C (SEAL) H. K. Benham, III, Executor of the Estate of Harry L. McCann - 2 - 1td�-, EAL) *u:dithann Slau toxecutor of the Estate of Harry L McCann �n.a. p )c C � EAL) omas K. McCann, by udith McCann Slaughter, Attorney in Fact ,.�1 Ruth Mi�holle�n� \� (SEAL) Betty Arhi_ Marshall A/' ✓�X- (SEAL) Daniel . Marshall, III SEAL) usanne T. Marshall x(SEAL) E1 L. Marshall AA�U(SEAL) RPatric>a A. 4 all (SEAL) SherylLA. GrikjjOV j �/i/tL�h McCann Slau hte :a(IA' ' I V ` Ge (SEAL) —Rifth McCann STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of __772001, by H. K. Benham, III and HARRISON & JOHNSTON I - ATTORNEYS AT LAW WINCHESTER. VIRGINIA 3 HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA • • `o rn 0 Judith McCann Slaughter, Executors of the Estate of Harry L. McCann, and Judith McCann Slaughter, individually. My commission expires z 3 (SEAL) Notary Public STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this �k day of2001, by Thomas K. McCann (by Judith McCann Slaughter, his Attorney in Fact under Power of Attorney dated , 19 and duly recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book , at --Page ) My commission expires (SEAL) Notary Public STATE fm 4 ,%,v IA, AT LARGE, "ll q� W , , To -wit: The foregoing instrument was acknowledged before me his day of 2001, by Ruth Milhollen. My commission expires r4/ L �•�;�� i'lW VC� Notary Public Nancy L. m4h Commomvealih ui Virginia 3'F E OF VIRGINIA, AT LARGE, MYCOMMISSIon Expires 7/31/04 CITY\COUNTY OFT To -wit: I.,' The foregoing instrument was acknowledged before me this - 4 - • 0 0 rV Cn day of Betty Ann Marshall. , 2001,,-, ---7—/0* My commission `by expires (J`� r (W�o (`SE1L) ry PuNanoyL.Smlth = NOTARY PUBLIC - Commonwealth of VirginlA ' = 1nRKY�RND SPE OF VIRGIN -•A, AT LARGE, My Commission Expires 7/31104 CITY\COUNTY OF alv%rt GfQwf5 , To -wit: The foregoing instrument was acknowledged before me this day of -XLA—q 2001, by Daniel V. Marshall, "" •• e My Commission Expires 7/27/04 bt;commission expires A1?)-' r o� N Cary 14� Z_ r G E°� G,• BEVERLY LYNCH CARTER NOTARY PUBLIC STATE OF MARYLAND My Commission Expires July 27, 2004 S F`'o R !!?;!A, AT 1ARGE, C—ETYNE9ER2`FY OF C % v'mbjk To -wit: The foregoing instrument was acknowledged before me this 2 "`c� day of 2001, by Susanne T. Marshall. My commission expires 1t I � ,'J ✓V d ' U R 7• .(g�ALJ- Notar ublic STATE OF VIRGINIA, AT LARGE, CITY\COUNTY OF Q To -wit: The foregoing instrument was acknowledged before me this S� day of 2001, by Ellen L. Marshall. My commission expires MyQomritEsslonExomOdowr3t 20� (SEAL) HARRISON 6 10HNST0N I I - ATTORNEYS AT ", W'INCHESTER, VIRGINIA - 5 _ aim.._ �,•�,� ; . t '•1'Ir . O N N STATE OF OHIO, AT LARGE, CITY\COUNTY OF QA4k_L Nj , To -wit: The foregoing instrument was acknowledged before me this Lam' day of 1�A18�� 2001, by Patricia A. Marshall. f-.'UTMy commission expires ry� Ili,' � iGrL . = v . • .(SEA!) r Notary Public STATE OF CALIFORNIA, AT LARGE, CITY\COUNTY OF e To -wit: The foregoing instrument was acknowledged before me this �3- day of �v9v.S,G 2001, by Sheryl M. Griffin. My commission expires Cortrnksion>• 1J00717 Notary Pubk - Gm°rma No y Pub l i c San Diego County I@MyC— EVk- Apr t7, 2005 STATE OF CALIFORNIA, AT LARGE, CITY\COUNTY OF Di "�� To -wit - The foregoing instrument was acknowledged before me this day of �Jc�l, 2001, by Ruth McCann. My commission expires Ilay ,20,0,3 (SEAL) Notary Public ]r' VID ARTUKOVIC COMM. # 1221938 N�^O.�TAARRyY. KBUC'CAtJfaf'!iA n tili:i1•.lf 1. This in3ttwnent of uniting was prodfixed to we ors at and with certificate of acknowledgement therero annexed was admitted to record. Ta imposed by Sec. 58.1-stlUt HARRISON a JOHNSTON fund 58.1-801 have been prldl If 47se133b!i . ATTORNEYS AT LAW Y.7NCRESTER. VIRGI!71A 6 ^! 4� CIO* I • • N o o p HARWSON B JOHNSTON ATTORMYS AT lAV/ WNCHESTM VIRGINIA 020000470 THIS DEED OF EXCHANGE, made this 1st day of July, 2001, between Judith McCann Slaughter, of the first part, hereinafter called the Grantor; and Judith McCann Slaughter and Ellen L. Marshall Trustees of the McCann Family Land Trust, pursuant to a Memorandum of Trust Agreement dated July 1, 2001 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. O/oo/a.VV-�- , of the second part, hereinafter called the Grantees. WITNESSETH: That in exchange for other land adjacent to the remaining property of the Grantees by the Grantor, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantees, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, in and to all of that certain tract of land, containing an laggregate of 60 Acres, more or less, and more particularly described as follows: PARCEL ONE: All of that certain tract of - land, containing 60 Acres, more or less, Tax Parcel'yy/f'QS$) lying in Stonewall Magisterial District of Frederick County, Virginia, bounded on the East by land belonging to the B & O Railroad, on the North by the centerline of McCann Lane, on the West by other property of the Grantor and by properties of others and on the South by the property of Omps; 'land being the same property devised to the Grantor herein by (Harry L. McCann by Will probated in the Clerk's Office of the IlCircuit Court of Frederick County, Virginia in Will Book 109, at ((Page 1110. This conveyance is made subject to all legally enforceable strictive covenants and easements of record affecting the HARRISON &JOHNSTON /.TTORNEYS Ar uw WINOWSTER \ARGINU I fi iit N 110"ilg iII,SII:_I aforesaid realty. WITNESS the following signature and seal: EAL) 4diZlth McCann Slau ht STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of ! 2001, by Judith McCann Slaughter. / My commission expires _Z / L (SEAL-) No ary Public VIRGINIA: FREDERICK COUNTY, SCI'. This instrument of writing was produced to me on P/—ya—O;21 at ,.IS 4L^ and with certificate of acknowledgement thereto annexed %ti:ts admitted to record. Ta Imposed by Sec 58.1-802 of 5 2WAW, and 58.1.301 have been paid, if assessable 41e.c / . Clark - 2 - 0 0 w 040024111 THIS DEED made and dated this 231 day of November, 20G4, by and between JUDITH McCANN SLAUGHTER and SAMUEL A. SLAUGHTER, III, her husband, hereinafter referred to as Grantors and JACK WAMPLER, SR. and JACK WAMPLER, JR., hereinafter referred to as the -Grantees. WITNESSEfH: That for and in consideration of the sum of Ten Dollars o ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of 00 r_4 which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with General Warranty and English Covenants of Title, unto the Grantees, as joint tenants with the right of survivorship as at common law, in fee simple, the following ra 0 5 s 73 s 3 0 described tract of land located in the County of Frederick, Virginia (the "Property"): All of that certain lot of land, containing 1.317 acres, more or less, situated on the southwest side of Route 838, just east of its Intersection with U.S. Route 11 in Stonewall Magisterial District of Frederick County, Virginia, more particularly described by plat of survey made by Lee A. Ebert, C.L.S., dated July 22, 1985, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 599 at Page 241, and by this reference made a part hereof, AND BEING the same property conveyed to the Grantors herein by deed of gift dated August 14, 1985, from Harry L. McCann and Florence McCann, his wife, said deed is of record in the aforesaid Cleric's Office in Deed Book 599 at Page 239. Reference is here made to the aforesaid Instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signatures and seals: CZ) 0 L) DITH WCANN SLAUGHTE (SEAL) SAMUELA. SLAUGHTER, III STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 23`d day of November, 2004 by JUDITH McCANN SLAUGHTER and SAMUELA. SLAUGHTER, III. My Commission expires: 1- 3o-O S Deed prepared by: THOMAS M. DICKINSON, JR., ESQUIRE THOMAS M. DICKINSON, JR., P.C. 102-2 SOUTH KENT STREET WINCHESTER, VIRGINIA22601 VIRCiINM FREDERICK COUNTY, SCP. Thh itsatrument of Writing was produced to me on and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec 58.1-802 of jAO' , and 58.1-801 have been paid, if atweeestWa • 0 150000961. I, Gary R. Oates, on this the 5'h day of February, 2015, do hereby certify that the plat entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)-25B" , attached hereto is a true copy of a survey made by me on December 19, 2014, of o 60.883 acres of land being all of the land conveyed to the McCann Family Trust by CD Deed dated July 1, 2001, as instrument 020000470 in the Frederick County Circuit pl Court Clerk's Office. The said land lies in Stonewall Magisterial District, Frederick County, Virginia. Q �11N1ti Ct/,i /�. Oq/ a1� a��7H OF '+% / GAji . OATEN Lfc. No. 1518-B Q-S• Is 11 aN� SUe' STATE OF VIRGINIA COUNTY OF FIZEDERICK, TO WIT: ; I, Kelli Richard, a Notary Public in and for the State of Virginia and County of Frederick, do hereby certify that this day personally appeared before me Gary,", Oates, whose name is signed to the forgoing instrument. Given under my hand this .5" I day of February, 2015. � 4 v`�a�ry' •.,�, My commission expires 10 ' � .� ,. o :�+• iVly registration number is40 Nota y ublic KEW J. RIC14ARD NOTARY PUBLIC RiOIMATION M 7021142 COMMONWEALM OE VIRG1141A SOLD CHf{NLESTOWiyRD. RT.761 b � JQ VICINITY MAP 1 " = 2000' FINAL PLAT OFA BOUNDARY SURVEY OF TAX PARCEL 44-(A)-25B STONEWALL h1AGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DECEMQER 19, 2014 TAX PARCEL OWNER REFERENCE AREA ZONED USE 49-(A)-25B hIcCANN fAh11LY LAND TRUST #010000470 60, 883 ACRES RA AGRICULTURAL NO TES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN DECEh1QER, 2014 2. BASIS Of MERIDIAN IS GRID NORTH Of V/RGIN/A STATE PLANE PLANE COORDINATE SYSTEM (1983). 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT, 9. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO2500 AND MAP No. 51069CO2090 IN fL000 ZONE'X', AREAS DETERMINED TO BE OUTSIDE THE 0.1916ANNUAL CHANCE fL000PLAIN, DATED SEPTEMBER 2, 2009. S. THERE WAS NO READ/LYAPPARENT EVIDENCE Of ACEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. ABBREVIATIONS LEGEND AGR. = AGRICULTURE OB = DEED BOOK O = PROPERTY CORNER FOUND Ea: = EXISTING O =PROPERTY CORNER SET PG = PAGE 5/8" REBAR WITH CAP RES. = RESIDENTIAL —E— = OVERHEAD UTILITY LINES R/W = RIGHT Of WAY O = POINT Of REFERENCE IRf = IRON ROD FOUND (NO MARKER SET) IRS = IRON ROD SET SURVEYOR'S CERTlFIG4TE I HEREBY CERTIFY THE PARCEL 44-(A)-258 CONTAINED /N THIS FINAL PLAT FOR BOUNDARY IS THE LAND CONVEYED TO h1cCANN FAMILY LAND TRUST BY DEED DATED IULY 1, 2001, Of RECORD /N THE FREDER/CK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT #020000470. LTH O -•� � � SURVEYOR F�j�Cr GAR R. OATES, LAND R. TES � 1073 Redbud Road I Lic. No. 1518-B GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWol(e/nc@aoLcom 540-667-2001 OFC l��0 SURv��O4 540-545-4001 fAX DRAWN BY: CeC FILE NO: 0388 ShIEET 1 OF 2 aim J 300' 0' 300' O A GRAPHIC SCALE EDGE OFGR VEL - �S59009'42'E 1 w RAILROAD ALIGNIIENT BASED _ 'ON BRIDGE STA. 1469+74 1 � I S 58°27'49" E - 1148, 83' _ L 213.29' h1CCANNS ROAD - RT. 838 -- IRS 20. 00'--- w (30' PRESCRIPTI VE EASEMENT) ON LINE 1 S 36021'40" W �' G S/8 " IRF 20, 04' �" 213.05' ONLINE ' o" S 33°46'55" W -_ IRF II 222.21' pPGIN {S 63005'58" E 1y 1 149.83' II 44-(A)-24 RITA WILSON 070014065 ZONED: RA USE. RES. 110.080 ACRES 44-(A)-258 McCANN FAMILY LAND TRUST II 020000470 ' RADIUS = 5709.58'— ZONED.' RA LENGTH = � I TANGENT 1740 55' USE.' AGR. 60.883 ACRES _ fO1"IPF N n I CO ry C N O z ------0 I„IPF 44-(A)-134A CHARLES L. & 1ANE V. BRIDGE N M DB 953, PG 182 0 ZONED:RA `r USE.' RES. z 16.179 ACRES POST D FOUND — - _ LETTER OWNER CHORD = 1468.79' BEARING = S 43045'05" W DELTA=1404649" '/2 " IRF 2.54' ON LINE N 66°30'28" W 984.13' E O ADJOINERS PARCEL REF. 44-(A)-25 CRIDER & SHOCKEY, INC. Of WEST VIRGINIA 030025588 ZONED: Ml USE: AGR. 151.68 ACRES S00, y RADIUS = 5704.58' LENGTH = 156.10' TANGENT=78.06' CHORD = 156,10' BEARING = S 51'5532" W DELTA =1 °34'04" USE ZONING (ACREAGE A NCCANN FAh1ILY LAND TRUST 44-(A)-40 010019243 AGRICULTURAL RA 95.7 B JACK WAh1PLER, SR. & JACK V✓AMPLER, JR. 49_(A)-25A 040024111 RESIDENTIAL RA 1.3 C CHARLES SHOMAKER & DAVID IRELAND, TRUSTEES 44-(A)-1328 130001829 CHURCH RP 4.4 D JOHN R. SHOEMAKER 44-(A)-137 WF 090000173 RESIDENTIAL RP 3.0 E NICHAEL S, WEBER 44-(A)-140 DB 673, PG 674 AGRICULTURAL RA 35.3 j�rp,I.TH OF(,f�r ARY74 TES v Lic. No. 1518-B 12-14-1 FILE NO: 0388 FINAL PLAT OF A BOUNDARY SURVEY OF TAX PARCEL 44-(A)-258 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 ' DI Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: DECEMBER 19, 2014 1 SCALE: 1 " = 300' 1 SHEET 2 OF 2 i► i l o i ! VIRUINIA: FIB, DU OCK COUNTY.SC-1. This instrument of writing was produced to me oil J'y at and with certificate achiLmledpment thcrelo annexed was admitted to record.'I'm imposed by Sec. M.1-802 of j $ , .Kid 58.I-801 have been paid, if assessable. �ic�tr# / �`fri�►� , Clerk 0 , t I I 150000962 I, Gary R. Oates, on this the 5"i day of February, 2015, do hereby certify that the plat entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)-40" attached hereto is a true copy of a survey made by me on December 19, 2014, of 95.723 acres of land being all of the land conveyed to the McCann Family 'Trust by Deed dated July 1, 2001, as instrument 01001.2943 in the Frederick County Circuit Court Clerk's Office. The said land lies in Stonewall Magisterial District, Frederick County, Virginia. ��p LTH OF t'J 0 z44.�� ° GAf Y R OATES Lic. No. 1518-B suc:�`��0 7 7:= STATE OF VIRGINIA COUNTY OF FREDERICK, TO WIT: 1, Kclli Richard, a Notary Public in and for the State of Virginia and of Frederick, do hereby certify that this day personally appeared before Oates, whose name is signed to the forgoing instrument. Given under my hand this 5"' day of February, 2015. ;:tit •,.� ivty commission expires a My registration number is RELLI J. RICHARD Notary Pu ie �. NOTARY PUBLIC REGISTRATION +1 7021142 TCOMMONWEALTH OP VIRGINIA SITE QLDC//ARCEgIAOWi'RD, RT.761 ylq�VU�Y 6, VICINITY MAP 1 " = 2000' FINAL PLATOFA BOUNDAR Y SUR VEY OF TAX PARCEL 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DECEMBER 19, 2014 TAX PARCEL OWNER REFERENCE AREA ZONED USE 44-(A)-40 McCANN FAMILY LAND TRUST #010012943 95.723 ACRES RA AGRICULTURAL NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREY IOLFE, INC. IN DECEMBER, 2014 2. BASIS OF MERIDIAN IS GRID NORTH OF VIRGINIA STATE PLANE PLANE COORDINATE SYSTEM (1983). 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THA TARE NOT SHOWN ON THIS PLAT. 4. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO250D IN FLOOD ZONE X' AND FLOOD ZONE W, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 1, 2009, 5. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. ABBREVIATIONS LEGEND AGR. = AGRICULTURE DB = DEED BOOK O = PROPERTY CORNER FOUND EX. = EXISTING © = PROPERTY CORNER SET PG = PAGE 5/8" REBAR WITH CAP RES. = RESIDENTIAL , .� = STREAM, CREEK, OR POND R/lV = RIGHT OF WAY E— = OVERHEAD UTILITY LINES = 1RF IRON ROD FOUND IRS = IRON ROD SET — — = 100 YEAR FLOOD PLAIN O = POINT OF REFERENCE (NO MARKER SET) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THE PARCEL 44-(A)-40 CONTAINED IN THIS FINAL PLAT FOR BOUNDARY IS THE LAND CONVEYED TO MCCANN FAMILY LAND TRUST BY DEED DATED 1ULY 1, 2001, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT #010012943. /& p,LTH OFT GA R, DATES, LAND SURVEYOR G, o ,2 U �O TES v I 1073 Redhud Road Lic. o. 1518 B GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC SURv540-545-4001 FAX DRAWN BY: CBC I FILE NO: 0388 1 SHEET 1 0F 3 1a> CD RT. 761 STOW, RD R/W) OLD C VARIABLL \'l 5 ,'89 1() IRF 5 / ,69,05' 2 5121 EQ�C S 69°55'29"0:—: C2 iz rrcr PP C&P �e 1 2� '/z " IRF I a728 — I I z " IRF ZONE EX. TELEPHONE `ZONE A' EASEMENT D.B. 289, PG. 881 w _ RAILROAD ALIGN, ON BRIDGE STA. i ccp IRF 11300' 0' 300' I W' 1 1 GRAPHIC SCALE WI I Iw I O I�u, l 49 (A) 40 I w I ( o l MCCANN LAND TRUST 1 010012943 I I 1 ZONED: RA ( 1 USE: AGR. I I `O 95,723 ACRES I I I I I� 1 E Ln ry r/z"IRF16.41'/ EDGE OF I II I D 1 ON LINE GRAVEL 'I I L N 59009'42" W 362, 30' _ _557, 89'— i McCANNS ROAD - RT. 838 N 58°27'49" W-1148.83' i O(30' PRESCRIPTIVE EASEMENT) i I I' RAILR0A0 AL�NENTBASEDf J I I � ^ J � /I ., ON BRIDGE STA. 1469+74 � �tTHOF�r� GAR . TEE Lic. o, 1518-B FILE NO: 0388 FINAL PLAT OF BOUNDAR Y SUR VEY OF TAX PARCEL 44-(A)-40 i IRS 15.00' ' ON LINE J STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Inc. 1073RRoad 46 k—Greyftlfe, Winchester, VVA A 22603 4 Land Surveying and Consulting GreyW61(e1nc0)ao1.com 540-667-2001 OFC 540-545-4001 FAX DATE: DECEMBER 19, 2014 1 SCALE. 1 " = 300' 1 SHEET 2 OF 3 C C J y i ADJOINERS 1 FTTFD nWNF0 PAPM RFF ILSF ZONING 1ACREAGE A McCANNFAMILYLANOTRUST 44-(A)-25B D20DD47D AGRICULTURAL RA 60.9 B JACK WAbIPLER, SR. & JACK WAMPLER, JR. 44-(A)-25A 04DO24111 RESIDENTIAL RA 1.3 C RITA WILSON 44-(A)-24 070014065 RESIDENTIAL RA 10,0 D FREDERICK COUNTY SANITATION AUTHORITY 010015333 0.1 E SEI WINCHESTER LLC 44-(A)-17 1 130012047 VACANT RP 10.3 F VINCENT L. & LILA T. LORD 44-(A)-10 JOB 897, PG 1612 RESIDENTIAL RA 1.6 G STEPHENSONACCOSIATES, LC. 44-(A)-39 030005766 VACANT RA 0.7 LINE TABLE ;? BEARING DISTANCE LI N 7702247" E 43.33' L2 S 8105236" E 5.57' L3 S 7704532" E 128.00' L4 S 26029'06" W 145,40' LS N 54°2343" W 5.00' L6 S 5303820- E 5.00' L7 N53"3820"W 10.00' CURVE TABLE # RADIUS ARC DELTA BEARING CHORD DIRECTION CI 763,43' 234,76' 17037'09" S6100654"E 233.84' C-CW C2 2912.02' 398.12' 07050'00" S 73°50 29" E 397.81' C-CW C3 5709,58' 498.26' 05000'00" S33006'17"W 498,10' CW C4 5704,58' 75.36' 0004525" S3505859"W 75.36' CW FINAL PLAT OF A BOUNDARY SURVEY �p k-TH pp OF TAX PARCEL 44-(A)-40 O�� f U GaRY R. ESQ v STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. Nb. 1518-B 1073 Redbud Road 12 - / 9- / y I GreyWolfe, Inc. Winchester, VA22603 E Land Surveying and Consulting GreyWolfelnccBaoLcom S U Rv 540-667-2001 OFC 540-545-4001 FAX O: FILE N0388 DATE: DECEMBER 19, 2014 SCALE: N/A SHEET 3 OF 3 O C? CO ✓lKUMA: t'Ii-8UER1CK COUNTy.St 1. Th4 Glrrtruntenl of writing was produced to me on at �" I � Qff\ and whit cerlificatc acknowledgement thereto annexed wuB udmilted to rocord.'1'aY imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable. 4644 zoavaj ,Clerk IN 0 O 1� x CT 1; C5 to 6- cr I 0 N Cf1 15000L1.23 TINS DEED OF LOT CONSOLIDATION, DEED OF BOUNDARY LINE ADJUSTMENT, IMPOSITION OF RESTRICTIVE COVENANT, DEED OF EASEMENT AND DEED OF DEDICATION, made and dated this /Aay of August, 2015, by and between .IUDITH McCANN SLAUGHTER, TRUSTEE, and ELLEN L. MARSHALL,'TRUSTEE, Trustees of the McCANN FAMILY LAND TRUST (hereinafter "the Trust"), party of the first part (index as Grantors and as Grantee); HIATT RUN CONDOS, LLC, a Virginia limited liability company (hereinafter referred to as "Iliatt Run"), party of the second part (index as Grantors -and as Grantees); the COUNTY OF FREDERICK, VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), party of the third part (index as Grantee); COMMONWEALTII OF VIRGINIA, (hereinafter referred to as "Commonwealth"), party of the fourth part (index as Grantee); MICHAEL L. BRYAN, Sole Acting Trustee (hereinafter referred to as `"Trustee"), party of the fifth part (index as Grantor), and FIRST BAN C party of the sixth part (hereinafter referred to as "Lender") (index as Grantor). RECITALS: R.I. The Trust is the owner of two (2) parcels of land located on the southeast side of Route I 1 in Stonewall Magisterial District, Frederick County, Virginia, one parcel containing 95.723 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)40," recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as instrument No. 150000962, being the same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 010012943 (the " Trust's 95 Acre Parcel"); and the other parcel containing 60.883 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey ofTax Parcel 44-(A)-25B," recorded in the aforesaid Clerk's CD N C31 Office as Instrument No. 150000961, being the same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 020000470 (the "Trust's 60 Acre Parcel"). R.2. Hiatt Run is the owner of two (2) parcels adjoining each other and adjoining the Trust's 95 Acre Parcel, in Stonewall Magisterial District, Frederick County, Virginia, one parcel containing 10.325 acres, more or less, being the same property conveyed to I-liatt Run by Deed dated January 27, 2015 recorded in the aforesaid Clerk's Office as Instrument No. 150000684 [Tax Parcel 44-A-171 ("Hiatt Run's 10 Acre Parcel"), and the other parcel containing 1.67544 acres, more or less, being the same property conveyed to Hiatt Run by Deed dated April 7, 2015, recorded in the aforesaid Clerk's Office as Instrument No. 150003035 [Tax Parcel No. 44-A-101 ("Hiatt liatt Run's 1.6 Acre Parcel"). i R.3. Hiatt Run's 10 Acre Parcel is subject to the lien of that certain Deed of Trust granted by Hiatt Run to Trustee, dated January 27, 2015, securing the principal sum of $1,012,500.00, as more fully set forth therein, payable to Lender, which Deed offrust is of record in the aforesaid Clerk's Office as Instrument No. 150000685 ("Hiatt Run Deed of Trust"). RA. In accordance with that certain "Final Plat of Lot Consolidation, Easement Dedication, and Boundary Line Adjustment of Tax Parcels 44-(A)-17, 44-(A)-10, & 44-(A)-40" prepared by Gary R. Oates, L.S., dated June 18, 2015 (the "Plat"), a copy of which is attached hereto as Exhibit A and recorded herewith: a. I Batt Run is consolidating and merging I liatt Run's 10 Acre Parcel and Hiatt Run's 1.6 Acre Parcel to form a consolidated parcel, being adjusted TM 44- A-17; b. The Trust is conveying to Hiatt Run, by a boundary line adjustment, a portion of the Tntst's 95 Acre Parcel containing 3.000 acres, to be consolidated and merged with Hiatt Run's adjusted TM 44-A-17 to form a parcel containing 14.101 acres after adjustment; 2 CD N C. Hiatt Run is conveying to the Trust an casement across Hiatt Run's adjusted 14.101 acre parcel for ingress/egress, grading, slopes, drainage, maintenance, utilities, signage, etc., for the benefit of The Trust's 95 Acre Parcel and the Trust's 60 Acre Parcel; and d. Hiatt Run is dedicating land to the County and to the Commonwealth for public street purposes, all as more specifically set forlh in this Deed. CONSOLIDATION OF MATT RUN'S 10 ACRE PARCEL WTTH MATT RUN'S 1.6 ACRE PARCEL NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises, Hiatt Run does hereby declare that Hiatt Run's 10 Acre Parcel identified as Tax Parcel 44-A-17 and Hiatt Run's 1.6 Acre parcel identified as Tax Map Parcel 44-A-10 nre hereby consolidated and merged, as shown on the Plat attached hereto as Exhibit A and incorporated herein in full by this reference. This consolidation is made with the free consent and in accordance with the desire of I liatt Run and has been approved by the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A. THE TRUST'S CONVEYANCE OF 3.000 ACRES TO HIATT RUN 13Y BOUNDARY LINE ADJUSTMENT FURTHER WI TNF,SSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged by the Trust, the Trust (as Grantor) does hereby grant and convey to IIiatt Run (as Grantee), by Special Warranty of title, all of that certain lot or parcel of land containing 3.000 acres as shown on the Plat attached hereto as Exhibit A, said 3.000 acres lying between a straight line along the southeastern boundary of the consolidation of Hiatt Run's 10 Acre Parcel and Hiatt Run's 1.6 Acre Parcel [such line being identified as "RP ZONING — RA ZONING" and "BOUNDARY LING I I1iREBY VACATED" on the Plat] and a new line of division between the aforesaid consolidated parcels and Seller's 95 Acre 3 CD 00 Parcel (such line being identified as "NEW BOUNDARY LINE" on the Plat (Exhibit A)], and being designated as "ADJUSTED AREA 3.000 ACRES TO BE ADDED TO PARCEL 44-(A} ] 7" on the Plat attached hereto as Exhibit A. Said 3,000 acres is hereby consolidated and merged with I liatt Run's adjusted TM 44-A-17 to forma parcel containing 14.101 acres after adjustment. This consolidation is made with the free consent and in accordance with the desire of the I liatt Run and has been approved by the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A. IMPOSITION OF RESTRICTIVF, COVENANT ON IOOO ACRES FURTHER NVITNESSETH: That for and in consideration of the premises and other valuable consideration, the receipt of which is hereby ackttowledged by Hiatt Run, and as a material inducement to the Trust, Hiatt Run imposes and acknowledges the following restrictive covenants upon the 3.000 acres, which constitute covenants real running with and binding upon the 3.000 acres and upon Hiatt Run and bencfitting (as an appurtenance to) the Trust's 95 Acre Parcel (less and except therefrom the 3.000 acres conveyed hereby): a. Such 3.000 acres shall not contain any residential buildings, and I Batt Run's use of the 3.000 acres is, and shall be, for a community center with a manager's office, parking, garages, open space, and/or recreational amenities ancillary to Hiatt Run's planned maximum of 120 residential apartmcnts/condominium units upon Hiatt Run's consolidated parcel (Adjusted TM 44-A-17) as referenced in RA.a. hcreinabovc, said 3.000 acres having no residential development rights; and b. Any building or structure to be constructed on or within the 3.000 acres shall be constructed with exterior walls of 1-lardy Board, stone, brick, or a combination 4 0 CD r\) UD thereof. ACCESS, ETC., EASEMENT GRANTED BY HIATT RUN TO THE TRUST FURTHER WITNESSETH: That for and in consideration of the premises and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Rijn, and as a material inducement to die "Trust, !Halt Run (as Grantor) does hereby grant and convey, with general warranty of title, unto the Trust (as Grantee), a permanent casement, varying in width from 50 feet to 1 1 1.77 feet, for ingress -egress and for the installation, constniclion and maintenance of a roadway therein, including the installation, construction and maintenance of grading, slopes and drainage facilities necessary therefor, and for the installation, construction and maintenance of general utilities, and signage. Said easement is located along the southwestern boundary of Hiatt Run's adjusted TM 44- A-17 adjacent to McCanns Road (Rt. 838), and is more particularly described and designated as "EASEMENT HEREBY DEDICATED — SEE NOTE 5" on the Plat attached hereto as Exhibit A. Together with a temporary grading and construction casement adjacent to such permanent casement area for the purposes of grading and construction of roadway improvements (with such temporary easement to become null and void at such time as the grading, installation and construction of the roadway improvements has been completed). This casement is, and shall be, appurtenant to and for the benefit of both the Trust's 95 Acre Parcel (less and except the 3.000 acres conveyed hereby) and the Trust's 60 Acre Parcel, and shall be binding upon and enforceable against, and shall burden, Hiatt Run's Adjusted 1'M 44-A-17. Upon the written request by the Trust (its successors or assigns) to I liatt Run (its successors or assigns) that this casement be dedicated and conveyed tier public use, Iliatt Run, within thirty (30) calendar days of the provision of such notice, shall take appropriate action to dedicate to the Virginia Department of Transportation or to the County (as appropriate), and shall execute and deliver 5 C) I CD whatever documents are necessary as required by the public authority to accomplish such dedication, all of the permanent easement area created hereby and shown on the Plat attached hereto as Exhibit A. Such dedication shall be in fee simple absolute and shall be without any additional or further consideration to be paid or granted to Hiatt Run. The Trust's private rights in such easement shall be terminated and extinguished upon such dedication. This duty to dedicate the permanent easement is a covenant on the part of Hiatt Run and shall be specifically enforceable and may be enforced as a ministerial duty by mandamus, injunction or otherwise. This dedication provision is, and shall be, binding upon Hiatt Run. PUBLIC ROAD DEDICATIONMEED OF DEDICATION TO COUNTY FURTHER, WITNESSETH: That for and in consideration of the premises, and other valuable consideration, the receipt of which is hereby acknowledged by IIiatt Run, Hiatt Run (as Grantor) does hereby grant, convey and dedicate, with general warranty of title, to the County (as Grantee), for public street purposes, all of Hiatt Run's right, title and interest in and to that certain portions -of Hiatt Run's adjusted TM 44-A-17 containing a total of 0.289 acres and shown and depicted on the Plat attached hereto as Exhibit A as "25' I IEREBY DEDICATED TO THE COUNTY OF FREDERICK FOR PUBLIC STREETPURPOSES," said strip of land to become a part of McCanns Road/Routc 838. This dedication of die public right of way is made in accordance with the statutes made and provided therefor; with the approval of the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A; and with the free consent and in accordance with the desire of Hiatt Run, the undersigned owner and proprietor of the affected land, as evidenced by the signature of its authorized representative, as set forth hercinbelow. 6 It• CD .W PUBLIC ROAD DEDICATION/DEED OF DEDICATION TO COMMONWEALTH FUR'I'IJER, WITNESSETII: That for and in considerntion of the premises, and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Run, Hiatt Run (as Grantor) does hereby grant, convey and dedicate, with general warranty of title, to the Commonwealth (as Grantee), for public street purposes, all of Hiatt Run's right, title and interest in and to that certain portions -of Hiatt Run's adjusted TM 44-A-17 containing a total of 0.793 acres and shown and depicted on the Plat attached hereto as Exhibit A as "20' UEREBY DEDICATED TO TIC COMMONWEALTH OF VIRGINIA," said strip of land to become a part of Route I I/Martinsburg Pike. This dedication of the public right of way is made in accordance with the statutes made and provided therefor; with the approval of the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A; and with the free consent and in accordance with the desire of Iliatt Run, the undersigned owner and proprietor of the affected land, as evidenced by the signature of its authorized representative, as set forth hereinbelow. LENDER AND TRUSTEE CONSENT Lender and Trustee under the Ilintt Run Deed of Trust dated January 27, 2015 of record in the aforesaid Clerk's Office as Instrument No. 15000685, which constitutes a lien on Hiatt Run's 10 Acre Parcel, join in the execution of this Deed to grant their consent to the following: a. Consolidation of Iliatt Run's 10 Acre Parcel with Hiatt Run's 1.6 Acre Parcel as set forth in this Deed; b. The Boundary Line Adjustment and Consolidation of the 3.000 acres with Hiatt Run's adjusted TM 44-A-17 to from a parcel containing 14.101 acres after adjustment, as set forth in this Deed; C. The imposition of the Restrictive Covenant upon the 3.000 acres as set forth h 0 w N in this Deed; d. The granting of the easement by Hiatt Run to the Trust, and Hiatt Run's undertaking and obligation to dedicate such casement area at the request of the Trust, with Lender and Trustee evidencing their consent to release such easement area in the event of a dedication thereof in the future, all as set forth in this Deed; and C. The public road dedications to the County and to the Commonwealth described herein as set forth in this Deed and to the release of such dedicated areas from the lien of the Hiatt Run Deed of Trust. Except as stated above, the lien of the Hiatt Run Deed of Trust otherwise remains in full force and effect. WITNESS the following signatures and seals: 4McCANN FA 'Y LAND TRUST h McCann Slaughter, Trustee By: (SEAL) Ellen L. Marshall, Trustee Commonwealth of Virginia City/Gounty of ( Q I11&P-4— to -wit: The foregoing instrument was acknowledged before me thisO704�'Uay of Augustt,?Al ¢y, Judith McCann Slaughter, Trustee of the McCann Pamily Trust J .-r n Notary Public = My commission expires: Notary Registration No.: C441I 411mty of 1 , to -wit: The foregoing instrument was acknowledged before me this _1 day of August, 2015, by Ellen L. Marshall, Trustee of the McCann Family Trust. �R �r 2 MY :• copwlsslom) O EXPIRES ' J'�•..1111�12016•; �� F ••CQ� 0 W W My commission expires: Notary Registration No.: Notary Public I-IIAT'I' RUN CONDOS, LLC, a Virginia limited liability company By: AJW ---(SEAL) Scott Rosenfeld, Manager Commonwealth of Virginia City/County of Z&Vto-wit: The foregoing instrument was acknowledged before me this a /-0 day of August, 2015, by Scott Rosenfeld, Manager of Hiatt Run Condos, LLC, a Virginia limited liability company. Notary Public My commission expires: Notary Registration No.: 06 U 3& / = ,r .z*'�\OTA'y ?' J13L.1r� r; FIRST BANK Kathy Davis �' ill.'7F! tic Commonwaallh of Virglnla By — — (S$At Notary Public 4 Commission No. 7059997 ant O iJCCaU) e4i 64 C=rrJsslcn TresM1120f0 •wry / � Title: C52�c.S1 Commonwealth of Virginia, City/c.'a t of ��`,\^�`r:�4z� to -wit: The foregoing instnnnent was acknowled ed before me his 17 day of August, 2015 by /l�ulr of first Bank. Notary Public �� My commission expires: GI v Notary Registration No.:I ._.._-_....... a._ r_. ...._ _.-iN4at-_e.-.�u.-.�...r....>�a�..i:.}xli-'•ISM-zi:........t...�.a._..>u._._.+_.._._v_•.�..u..�__✓_.__v� (SEAL) tae . Bryan, Trustee Commonwealth of Virginia, City of Winchester, to -wit: The foregoing instrument was acknowledged -fo me this _Any of t ust, 2015 y Michael L. Bryan, Trustee. / Notary Public My commission expires: '01'+NE fllffN�arY Registration No.: "Co .... bV41'' ,' - pV©+� Ab Q! t . Rtiv ltn tOt� : z = THE COUNTY OP MEDICK, IRGIN[A By: (SEAL) Brenda G. Garl n, C onty Administrator APP TO FORM: Roderick B. Williams, County Attorney Commonwealth of Virginia, City/ of to -wit: The foregoing instrument was acknowledged before me this 1.3=+` day of August, 2015 by Brenda G. Garton, in her capacity as County Administrator for the County of Frederick, Virginia. oft Public My commission expires: / I - BD - 2.C61 S Notary Registration No.: -lD I t ,I2-3 10 CD cn Commonwealth of Virginia, CityACount f �re-je.f i ck- to -wit: 'rhe foregoing instrument was acknowledged before me this JL day of August, 2015, by Roderick B. Williams, as County Attorney for the Comity of Frederick, Virginia. Notary Public My commission expires: N Ara 3 I 0 a DI Notary Registration No.: --� I (y 7, 0 6 MA1McCann-RmnfcldU31A Dccd (final) 8.6-15.doc µY' ESP/ *PY PV��! REG x G = 7114 06 ' o i COMMISSION t a = EXPIRES �r 2 3/31/2017. O4 , ; ;�� y>c�� SITE FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINEADJUSTMENT OF TAX PARCELS 44-(A)-171 44-(A)-10, & 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DUNE 18, 2015 C-) W I y VICINITY MAP I" = 2000' SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCELS CONTAINED IN THIS LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT ARE THE LANDS CONVEYED TO HIATT RUN CONDOS, LLC; FROM SEI WINCHESTER, LLC. BY DEED DATED JANUARY 27, 1015, OF RECORD AS INSTRUMENT 150000684. TO HIATT RUN CONDOS, LLC.; FROM VINCENT L LORD AND LILA T. LORD BY DEED DATED APRIL 7, 2015, OF RECORD AS INSTRUMENT 150003035. TO MCCANN FAMILY LAND TRUST BY DEED DATED JULY 1, 2001, OF RECORD AS INSTRUMENT 010012943. ALL INSTRUMENTS RECORDED IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE. LL Oat; - GAR Y R OA rES, LAND SURVEYOR NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC, IN DECEMBER, 2014. 2. 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. 51069CO250D IN FLOOD ZONE A, AREAS SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD, AND FLOOD ZONE 'X, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 2, 2009, 4. THERE WAS NO RL:ADILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. A 50' GENERAL ACCESS EASEMENT IS HEREBY DEDICATED TO THE MCCANN FAMILY LAND TRUST FOR INGRESS -EGRESS, GRADING, DRAINAGE, MAINTENANCE, UTILITIES, AND SIGNAGE. FURTHERMORE, HIATT RUN CONDOS, LLC., AGREES THAT ANY PORTION OF THIS EASEMENT SHALL BE DEDICATED TO THE COUNTY OF FREDERICK IYTTHIN 30 DAYS OF WRITTEN REQUEST BY THE MCCANN FAMILY LAND TRUST, SUCCESSORS OR ASSIGNS, ��,1.TH OFee U G,1R;Y f ES v Lic. No. 1S18-B L.fp-15 O l,�No SUR��y APPROVAL FREDERICK COUNTY SUBDIVISION ADhJfNISJjiATOR COUNTY SANITATION VIRGINIA DEPARTMEVOFTRANSPORTATION _ GreyWolfe, Inc. Land Surveying and Consulting z yt,,ur DATE DATE TE 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DRAWN BY' CBC 1FILE NO: 0388 1 SHEET 1 OF 5 �� rFC1l'i. OWNERS CERTIFICATE THE ABOVE AND FOREGOING LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT SURVEY OF THE LANDS OF HIATT RUN CONDOS, LLC AND MCCANN FAMILY LAND TRUST, AS 6PPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE /DESIRES F � UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. � X , 17 C-",- I C7'<pz0%YA JU9Y&CANN;�6ZA TRUSTEE, McC4 NN FA MIL Y LA NL COMMONWEAL T11 OF VIRGINIA CMK-G�OF (,1W i n C(,C; -r , TO WIT. THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS c.,7," " DAY OF, 20 LS- BY.' jbiot-t11 M(Conn 51Gu PRINTED OWNER \\��1j11"1//,,/ R11TIE0 OTARYPUBLIC ��1i,: •'NnTNiY '•,'JI ..- SIGNATURE NOTARYPUBLIC n =. CQ AIY c0AlA1/SSION EXPIRES CLI0 K+31 , d D /S� ;x;'�' '��1111111111\ ELLEN L. MARSHALL wNtf-+ 4 T-W1 -�� TRUSTEE, MLCANN FAMILY LAND TRUST CLAdlikrONi!'EAL i4— CITY/COUNTY Of r-6' n, TO W(; THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEF E ME THIS 24 DAY OF -J-uyte 20j=9 BY: E J(:lFtJ L , 46A l PRINTED / OWNER _ PrL CRo IVIED V I D/�1�.\ W TARYPUBLIC' SIG ATCRE NOTARYPUBLIC •� �`Z CR 0A/,��,�� SEAL h4Q..��PY PVB�i Iv :P V EXPIRES ; ��•, 11/1�/ZOIE: J�:: r r) F LO FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND ,'�p,LTH pF f� BOUNDARY LINE ADJUSTMENT OF TAX PARCELS o� %� 44-(A)-17, 44-(A)-10, & 44-(A)-40 u GAR R• OATES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B 1073 Redbud Road �►�,__GreyWolfe, Inc. Winchester, VA22603 GreyWolfelncnaDLcom SURv�� r• Land Surveying and Consulting 540-667-2001 OFC ` 540-545-4001 FAX FILE NO: 0388 DATE: JUNE 18, 2015 SCALE: N/A SHEET 2 OF 5 �— COTT ROSENFELD, MANAGER HIATT RUN CONDOS, LLC, u 9 COMMONWEAL T11 OF VIRGINIA CITY/COUNTY OF -r P , • ' , TO WIT.'THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE METHIS_[I DAYOFXfA 20f-g�BY. vvvv �l�l .�LC f� �osa n �P Id PRINTED OWNER 'n',aT PRINTED NOTARYPUBLIC pUQLMY .' RE G3 C coMM�o ' �F �4yZ��[,REES/j SIGMA RE NO BLIC % ? N i MY COMMISSION EXPIRES AREA TABULATION TAX PARCEL ZONED USE ORIG, ACREAGE ADJ. ACREAGE 44-(A)-17 RP/RA VACANT 10.507 14.101 44-(A)-10 RP RESIDENTIAL 1.676 N/A (CONSOLIDATED) 44-(A)-40 RA AGRICULTURE 95.723 92.723 COMMONWEALTH OF N/A 0.793 VIRGINIA COUNTY OF NIA 0.289 FREDERICK 1OZ 906 107.906 ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND DB = DEED BOOK I/z"REBAR UNLESS PG = PAGE OTHERWISE STATED AGR. = AGRICULTURAL © = PROPERTY CORNER SET VAC. = VACANT 5/8"X24"REBAR WITH YELLOW PLASTIC CAP R.O. W. = RIGHT OF WAY = CENTERLINE 0 = POINT OF REFERENCE ADJOINERS I cr-MD nulticn P4RCEI REF IISF 70NING hACRFAGE L A FREDERICK COUNTY 010015333 BOOSTER STA. RP 0.1 SANITATION AUTHORITY B RITA WILSON 44-(A)-24 070014065 RESIDENTIAL RP 10.0 C PETER C. & 44-(A)-20 120008602 RESIDENTIAL RP 2.4 DARIEN ROSE MORGAN FINAL PLAT OF LOT CONSOLIOATION, EASEMENT DEDICATION, AND p jH OFVI�C 8 OUNDA R Y L INE A DJUS TMENT Or TA X PA R CELS o� �1 44-(A)-17, 44-(A)-.10, & 44-(A)-40 U G> R R. UA ATES D T STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY; VIRGINIA LTC. N0. 1518-B ' , 1073 Redbud Road 7 17 IS 11;1_ GreyWolfe, Inc. Winchester, VA22603 ! 4'� Land Surveying and Consulting GreyWolfelncnaol.com 540-667-2001 OFC S U RV 540-545-4001 FAX FILE NO: 0388 DATE: JUNE 30, 2015 SCALE: N/A T SHEET 3 OF 5 I L 200' 0' 200' rm GRAPHIC SCALE SEE DETAIL 'A' - SHEET 5 1 O c9 6 I / I 0 F` j W / I INDARY LINE EBY VACATED 144-(A)-17 l/z"IRF'CONSOLIDATED PARCELS IRFC& 44-(A)-10 10' HEREBY DEDICATED TO THE / COMMONWEALTH OF VIRGINIA r I w r / r / �PI�\ 106.07' I � I A'DJUSTED AREA 1 3.000 ACRES TO BEADDED TO PARCEL 44-(A)-17 / I i / � I 11 I I III � �1 44-(A)-40 I I McCANN FAMILY LAND TRUST L 010012943 / ZONED: RA / 44-(A) 17 / USE: AGR. y / o HIATT RUN CONDOS, LLC. I I BEFORE ADJ.= 95.723 AC. 1 ti 0 r o� 150000684 I/ I AFTER ADJ. = 92.723 AC. I � Q r p ZONED: RP / Q USE: VAC BEFOREADJ.= 10,507AC, r 1— AFTER ADJ, = 14.101 ACRES rl l SEE DETAIL 'B' - SHEET 5 _ 1 i / /� Q011, r 35'BRL I / ��v00 N 67°42'13" W - 453.14' ` 60'BRL PRESCRIPTIVE ESMT. MCCANNS RD. - RT. 838 "/ O rr O� r I CURVE I RADIUS I ARC LENGTH DELTA ANGLE I CHORD LENGTH I CHORD BEARING CI 2804.79' 779.72' 15°55'•Il " 777.21' N 48°50'S2" E FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND ,�PLTH pF BOUNDARY LINE ADJUSTMENT OF TAX PARCELS A�FR 44-(A)-17, 44-(A)-10, & 44 (A)-40 UR..UA I ES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lfco, 1518-B 1073 Redbud Road 7.1745- *Land reywolfe, Inc. Winchester, VA12603 CgNO ' ��Surveying and Consulting GreyWoi(elnc@aoi,com SUPN 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 DATE: 3UNE 30, 2015 SCALE: 1 " = 7.00' SHEET 4 OF 5 c 3r DETAIL 'A' CP '/z"IRF Cp o kh O 6 S 64040 05" E c� a' VDH I 103.09 I•ION. O �O / I S25°21'42"W 20' HEREBYDEDICATED TO THE / 3Z25' COMMONWEALTH OF VIRGINIA / ti /ti i /�h zip 44-(A)-17 e I r' HIATT RUN j W / CONDOS, LLC. w 150000684 ZONED: RP USE: VAC BEFORE AD1. = 10.507 AC. /AFTER AD). = 14.101 ACRES I I� I� I 44-(A)-40 McCANN LAND FAMILY TRUST 010012943 ZONED. RA 0� USE: AGR. �0© BEFOREAD).= 95.723AC. 5h y�' AFTER AD). = 92.723 AC. 10u10 80' 0' 80' 61 GRAPHIC SCALE I DETAIL V 4, / L �iti 1p 20' HEREBY DEDICATED TO THE Q COMMONWEALTH OF VIRGINIA u` o c, Z mCP ti / I 44-(A)-17 "c, ( HIATT RUN CONDOS, LLC. (m 150000684 z z /ti (� ZONED: RP p I p ) USE: VAC NJ r o BEFORE AD). = 10.507 AC. 35 BRL a r ` ( AFTER AD). = 14.101 ACRES ^IRF N 64°3758" W r r SS9Q9D0O7po„F S— 22°18'02—W'—.—I —0 � 50.00'I 7500' 40.00' 35BRL — . _— . -- . o y \'/1"IRF i L�___ S 67°42'13 E 370.12 —__ —-- p C3 0 o i _ i r ; EASEMENT FIEREBY DEDICATED SEE NOTE 5 C2 = y r o r `^ N 67°42'13" W - 453.14' IRF 30' PRESCRIPTIVE ESMT — — — — — — — MCCANNS RO. - RT. 838 .+ .0.0 ' 100' 0 ` 1 1 25'HEREB Y DEDICATED TO THE COUNTY OFFREDERICK *0100 YEAR p OOD PLAIN GRAPHIC SCALE FOR PUBLIC STREET PURPOSES 0orv- p,1.TH OF�j� l UGM u UATES v LiiJc, No. 1518-B 7.17-Ir l,9�0 SURv�yO� FILE NO: 0388 CURVE RADIUS ARC LENGTH OFLTA ANGLE CHORD LENGTH CHORD BEARING C2 955.61' 4Z 62' 2°51'18." 47.61' N 66016'34" W C3 1005.61' 50.30' 205157" 50.29' 5 66016'14" E FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE AD)USTAIENT OF TAX PARCELS 44-(A)-17, 44-(A)-101 & 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA -*Greyftlfe, Inc. Land Surveying and Consulting DATE: 3UNE 30, 2015 1 SCALE: 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol, com 540-667-2001 OFC 540-545-4001 FAX SHEET 5 OF 5 ,D VIRGINIA: rk.:DERICK COUNTY.SM. This instrument of writing was produced �to(�mee on � and with ccrtifii;uc acknualedjemcnt thereto annexed was admitted to rLeord. Tax unposed by Sec. 58.1.802 of 0 $ , and 58.1-801 have been paid, if assessable 4e,4 'A,—�, Clerk 15000812it r� 4 ry DEED OF EASEMENT THIS DEED OF EASEMENT, made and dated this 10 day. of August, 2015, by and between JUDITH McCANN SLAUGIITER, Trustee and ELLEN L. MARSHALL, Trustee, Trustees of the WCANN FAMILY LAND TRUST (hereinafter the "Trust"), Grantor, and IIIATT RUN CONDOS, LLC, a Virginia limited liability company (hereinafter "Hiatt Run"), Grantee. RECITALS R.I. The Trust is the owner of that certain parcel of land located on the southeast side of Route 11 in Stonewall Magisterial District, Frederick County, Virginia, containing 92.723 acres, more or less, being the 95.723 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)-40," recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 150000962 (being the same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 010012943), less and except the 3.000 acre portion thereof conveyed by the Trust to Hiatt Run by that certain Deed of Lot Consolidation, Deed of Boundary Line Adjustment, Imposition of Restrictive Covenant, Deed of Easement and Deed of Dedication dated August %1 ith 2015, and recorded in the aforesaid Clerk's Office as Instrument Number 1,� DOD 9123 (ItereinaRer "Deed of Consolidation"). R.2. Hiatt Run, by virtue of the aforesaid Deed of Consolidation, is the owner of that certain parcel containing 14.101 acres, being 15.183 acres, less and excep 0.793 acres dedicated and conveyed to the Commonwealth of Virginia and less and except 0.289 acres dedicated and conveyed to the County of Frederick, Virginia, pursuant to the aforesaid Deed of Consolidation, and being designated as adjusted'I'M 44-A-17 on the "Final Plat of Lot Consolidation, Fasement Dedication, and Boundary Line Adjustment of Tax Parcels 44-(A)-17, 44-(A)-10, & 44-(A)-40" prepared by Gary R. Oates, L.S., dated June 18, 2015 (the "BLA Plat") attached to and recorded with the aforesaid Deed of Consolidation. R.3. In conjunction with and related to that certain Deed of Lot Consolidation, and as a material inducement to the Trust's and Hiatt Run'sjoinder in said Deed of Consolidation, the Trust herein is IT+ W granting an easement to Hiatt Run and Hiatt Run is undertaking certain obligations and responsibilities with respect to such easement, all as set forth herein. NOW, THEREFORE, NVITNESSETII: hh consideration of the premises and the obligations and responsibilities undertaken by Hiatt Run herein, the Trust hereby grants and conveys unto Hiatt Run it permanent easement 20 feet in width for the installation, construction and maintenance therein by Hiatt Run of a 10 foot wide pedestrian hiker/biker trail and related fencing. The area and location of the 20 foot wide easement is along, and just inside of, the nortlrncstern boundary of the Trust's 92.273 acre parcel, then along such parcel's boundary with Martinsburg Pike — Route II North, and then heading in a general southeasterly direction along the parcel's boundary with Old Charles Town Road/Route 76 1, as generally shown and depicted on the sketch entitled "Generalized Mvelopment Plan" prepared by GrcyWolfe, Inc., dated June 24, 2015 (die "Sketch"), a copy of which is attached hereto and recorded herewith. The parties acknowledge and agree that the specific location of the easement may be changed or revised depending upon terrain features, rock outcroppings, trees stumps, etc., affecting the aesthetic design and the placement and construction of the trail; they further acknowledge and agree that the Trust and/or Hiatt Run, with die consent of the other party (which consent shall not be unreasonably withheld), shall have the right to (and the Trust and expressly reserves the right to) relocate the initial location of the easement, provided that such relocation does not materially affect or interfere with the use of the casement and/or the use, utility and/or value of the Trust's 92.273 acre parcel, and further provided that the easement shall not be relocated more than twenty (20) feet further inside the Trust property and shall be located on the west side of the stream known as I Iiatts Run. The parties further acknowledge and agree that the attached Sketch is but a general depiction of the intended location of the trail. The parties further covenant and agree that they shall enter into and record a supplemental easement formally depicting the actual initial location of the casement upon completion of the installation and construction of the trail and related fencing. Hiatt Run acknowledges that the Trust reserves the right to install one or more road entrances from Old Charles Town/Route 761 serving the Trust's 92.723 acre parcel and crossing the easement area Pa 0 and the trail. The cost of installing any such crossing(s), and the cost of any resulting re -construction of the trail due to such crossing(s), shall be borne by the Trust or its successor in title. This casement is granted by the Trust and accepted by Hiatt Run conditioned upon and subject to I liatt Run's following covenants, obligations and responsibilities, all of which arc material inducements to the Trust: Installation and Construction. Hiatt Run shall install and constrict, within the twenty foot (20') wide casement area, a 10' wide pedestrian/hiker-biker trail (which will be available for use by the public) and related fencing, and Hiatt Run shall be responsible for the maintenance of said trail and fencing. Such installation and construction shall be in accordance with the following: a. Said trail shall be installed and constructed on the Trust's 92.723 acre parcel for a distance of approximately 4200 feet, originating at the northwest corner of the Trust's 92.723 acre parcel at McCanns Road (Route 838), thence running along the division between Hiatt Run and the Trust as shown on the Boundary Line Adjustment'Plat recorded with the Deed of Consolidation, thereafter along Route 11 to the intersection of Route 1 i and Old Charlestown Road (Route 761), and terminating at the intersection of Old Charlestown Road and the CSX railroad right-of-way, all as shown on the attached Sketch. b. Hiatt Run shall install, construct and complete the trail in two phases as follows: i. the initial phase beginning at McCanns Road (Route 838) extending in a northerly direction for at least 1,750 feet to Route 11, to be constructed on or before July 1, 2017; and ii. the second phase, being the remainder of the trail of approximately 2,450 feet to be completed on or before July 1, 2027 PROVIDED, however, that the installation and construction of the entire trail shall be completed by iTiatt Run by on or before the date for the completion of such trail as in ay be established in conjunction with the Trust's anticipated rezoning of the Trust's 92.723 acre parcel and the rezoning of the Trust's adjacent parcel containing 60.883 acres, more or less, designated as'I'M 44-A-25B (and any proffers ancillary to such rezoning) and the resulting dcyclopmcnt of the Trust's rezoned 92.723 acre parcel and/or the Trust's rezoned 60.883 acre parcel that may serve to "trigger" or initiate the necessity of completion of the installation and construction of the trail. The trail shall be constructed pursuant to a design as approved by Frederick County, Virginia, and approved by the Trust (with the Trust's approval not to be unreasonably withheld). The trail shall contain any and all culverts and grading necessary for proper construction and drainage. The trail shall be constricted of six inches (6") of 21-B stone compacted to 95% density with a minimum of two inches (2") of SM-12.5A asphalt d. The fencing shall be constructed with five inch -six inch (5"-"6') treated posts set twelve feet (12') on center and braced with two inch (2") steel pipe, and with nine (9) gauge wire at all comers and angle points and at one hundred twenty foot (120') intervals on all "straight runs" of the fencing. Wire fencing shall be forty- seven inches (47") high galvanized American Wire type fencing with minimum nine inch (9") vertical spacing and "stays," with ten (10) gauge top and bottom strands. A single strand of Motto brand barb wire shall be installed four inches (4") above the American Wire. Hiatt Run acknowledges that the Trust presently maintains livestock and an existing fence to "turn" and "enclose" the livestock, on the Trust's 92.723 acre parcel. Any "new" fencing to substitute ibr or replace the Trust's existing fencing shall be installed by Hiatt Run prior to removal of any such existing fencing. Despite the phasing and timing of the installation of the trail as provided for in subparagraph b. hereinabove, Hiatt Run shall at all tunes assure that any "new" fencing is maintained along the installed portion of the trail and that such "new" fencing merges and connects with the Trust's remaining existing fencing so as to preserve "closure" of such fencing. Maintenance. All physical mainteumice of the trail, including the fence installed by Hiatt Run, both during and upon completion of the installation and constniction thereof, shall be the responsibility of Hiatt Run, its successors and assigns (including, if applicable, any homeowner's association), and shall be expressly set forth in future deeds of conveyance of any portions of Hiatt Run's 14.101 acre parcel. Maintenance shall include (but is not limited to) the repair of the trail and the fencing; mowing; brush removal; landscaping and the maintenance of such landscaping, etc. • O r c71 3. Oblieatlons Resulting From Rezoning. Hiatt Run acknowledges and agrees that its obligations hereunder for the installation, construction and maintenance of the trail and related fencing shall include, and shall be supplemented by, any additional obligations or responsibilities for said trail and fencing imposed or resulting from Hiatt Run's anticipated rezoning of any portion of Hiatt Run's 14.101 acre parcel, including any proffers ancillary to such rezoning imposed by the County of Frederick, Virginia. i 4. Notice of Construction of, and Maintenance of Liability Insurance on, Trail. a. Hiatt Run shall notify the Trust in writing at least seven (7) calendar days prior to the commencement of the installation and construction of the trail or any portion(s) thereof. b. Liability insurance shnll be obtained and maintained by the Trust on said trail from the dale of the commencement of the construction of said trail, and maintenance of such insurance shall be an ongoing obligation of the Trust and its successors and assigns as owner of the Trust's 92.723 acre parcel. C. Hiatt Run (and I liatl Run's contractor(s)) shall be responsible for all work and costs associated with the installation and construction of the trail and related fencing and shall ensure that the Tnrsl's 92.723 acre parcel shall not be subjected to any liens related to such work and the cost thereof-, in the event any such lien is filed against the Trust's 92.723 acre parcel, Hiatt Run shall promptly discharge the same within twenty-one (21) calendar days. d. Hiatt Run shall obtain and maintain builder's risk insurance coverage for the duration of the period required for I liatt Run's completion of the construction of the trail. Further, except where such loss is caused or substantially contributed to by any negligent act or omission of the Trust or by the Tnrst's failure to perform the Tnast's obligations hereunder, Hiatt Run shall be responsible and liable for all damages, claims, liens and liabilities (including, without limitntion, reasonable attorney's 5 ... ... �..._-•_-��._.�-..a�.-__..�.�.�_�_�...-.�v..uni.^w..l::.ir•eiLi� .a�1:�u1=��•.r�l_•,._�_e=.�.�.. ._ i�..�u.�z.-��_. Q 4- 1J fees and costs) caused by or arising out of Hiatt Run's installation, construction and/or maintenance of the trail and the fencing. In this regard, I liatt Run shall require Hiatt Run's contractor(s): i. to be duly licensed and bonded; ii. to maintain workers compensation insurance coverage as required under Virginia law and to maintain liability and loss prevention insurance naming the Trust as an additional insured thereunder, and iii. to indemnify and hold the Trust harmless from any and all losses, expenses, damages and claims in connection with or arising out of the installation and construction of the Vail. 5. Hiatt Run's Obligations not Contingent Upon Rezoning. Hiatt Run acknowledges and agrees that its obligations hereunder for the installation, construction and maintenance of the trail and related fencing shall be, and remain, in full force and effect and binding upon Hiatt Run and Hiatt Run's 14.101 acre parcel even in the event that Hiatt Run's anticipated rezoning of a portion of Hiatt Run's 14.101 acre parcel is not approved by the County of Frederick, Virginia. 6. Default. The respective obligations of the Trust and of Hiatt Run hereunder may be specifically enforceable by either party hereto and may be enforced as a ministerial duty by mandamus, injunction or otherwise. in the event of default, the non -defaulting party shall be entitled to recover all its costs, including reasonable attorneys fees from the defaulting party. WITNESS the following signatures and seals: McCann F_a_mily Lan Trrusl t �&SFAL) ith McCann Slaughter, Trust e 6 CD x ob By:�- T (SEAL) Ellen L. Marshall, Trustee Hiatt Run Condos, LLC, a Virginia limited liability c) any By: / �a SEAL) Scott Rosenfeld, Manager Commonwealth of Virginia City/C-ettrrtyof QQtYICto-wit: The foregoing instrument was acknowledged before me this :Q&"day of August, 2015, by Judith McCann Slaughter, Trustee of the McCann Family Trust. CL Notary Public ; U, ; '�p�r; •c r� . F My commission expires: 3t JO is Notary Registration No.: l3 OCn y t✓g{nmgnwr�lth n i8 feity/C-eunty of C- to -wit: �'......... ,CRp Q�.••PY .' . •�y jioregoing instrument was acknowledged before me this �� 'day of August, 2015, by Ellen �. Maul kt l[, Prustee of the McCann Family Trust. 2 MY z o _ comi-115510tt J .Notary Public �J rC'kfijtii>jhllivsion expires: i - / V " 7 °%6 202 2-66- PSi 9 Volarplf `egistration No.: Commonwealth of Vi�ginia, City/County of to -wit: The foregoing instrument was acknowledged before me thisg'/O�ay of August, 2015, by Scott Rosenfeld, Manager of Hiatt Run Condos, LLC, a Virginia limited liability company. Or �Y1l��/8 Notary Public My commission expires: i o I 3/ *��µ• •_" ' • Notary Registration No.: w = j`C fA�,'i - A. 1 This Deed prepared by: H. Edmunds Coleman, Ill VSB 15449 Bryan & Coleman, PLC 118 South Braddock Street Winchester. VA 22601 M:UvlcCann-I(oscnfcldUkcd of Sascmcnt (final) 8.7-15.docx �azoG a�2o� a 7 1 r C Tom' �� o % �_• l0 m > GENERALIZED DEVELOPMENT PLAN FOR HIA TT RUN CONDOS, GreyWolfe, C. L L C . fif. Inc. A 3, 000 ACRE REZONING Land Surveying and Consulting a N o N o Stonewall Magisterial District, Frederick County, Virginia 1073 Rodbud Road Winchester, VA 22603 (540) 667-2001 OFC GmYW01(e1nC(+ao1.COm (540) 545-400I Fax . r 1 I 44-(A)-17 \ Hiatt Run Condos, L L C 150000684 I ZONING., RP I \ USE., 1.20APARTMENTS I \ ` \ 3.000 ACRES TO BE REZONED FROM RA TO RP ------------------- - - -- - - -- -- ---------------- _ 17 4200' TRAIL WITHIN A 20' ESMT PHASE 1 -- *�-;.•, \ BRIDGE OVER STRE\M� -� \ a Q \ PER F0 100 YR FLOOD PLAIN THE TRAIL DESIGN SHALL BE FENCING SHALL BE M APPROVED BY FREDERICK CONSTRUCTED WITH 5"-6" COUNTYAND THE OWNERS OF TREATED POSTS SET TWELVE 44-(A)-40. THE TRAIL SHALL (12 ) ON CENTER AND BRACED INCLUDE ANY CULVERTS WITH 2" STEEL PIPE AND 9 NECESSARY FOR DRAINAGE. GAUGE WIRE AT CORNERS, ANGLE POINTS, AND EVERY J 120 FEET ON STRAIGHT RUNS, THE WIRE SHALL BE *47" TALL o GALVANIZED AMERICAN WIRE TYPE FENCING WITI-k9" STAYS AND 10 GAUGE TOP AND BOTTOM STRANDS, A SINGLE o STRAND OFMOTTO BRAND W w BAfiBED WIRE SHALL BE U INSTALLED 4"ABOVE THE w AMERICAN WIRE. NEW FENCE SHALL BE INSTALLED PRIOR U TO THEREMOVAL OFANY EXISTING FENCING. 20' PEDESTRIAN EASEMENT x VIRGINIA: FRE,DERICK COUNTY, SCP. 2" OF SM-12, SA Thiel lnstrumcnt of writing was produccd to me on G" OF 218 STONEat Z ' yZ p ►� and with certific:�te of acknowledgement thereto annexed Tax imposed by Sec. 58.1-802 of was admitted to record. TRAIL AND FENCE DETAILfl and 58.1-801 have been paid, if assessable NOT TO SCALE S.— ,Clerk COUNTY of FREDERICK Department OI' 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 #08-15 FOR McCANN OFFICE PARK On behalf of the Frederick County Board Of Supa•visors, 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 Strcet, Winchester, Virginia to consider the following application: Rezoning #08-15 McCANN OFFICE PARK, submitted by GreyWolfe, Inc., to rezone 154.923 acres as follows: 43.76 acres fi-om RA (Rural Areas) to RA (Rural Arcas) with proffers, 6.180 acres from RA (Rural Areas) District to 132 (General Business) District, 11.729 acres from RA (Rural Areas) District to M 1 (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern side of Martinsburg Pike (Route 1 1) and Old Charlestown Road (Route 761) and is identified by Property Identification Numbers 44-A-25A, 44-A-2513 and 44-A-40 in the Stonewall Magisterial District. A copy of the application will be available for review at the I-Iandlcy Library and the Bowman Library the week of the meeting or at the DCpartmcnt of Planning and Development located at 107 North Kent Street In Wlnchestcr, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Strcet, Suite 202 9 Wlnchestcr, Virginia 22601-5000 This to certify that the attached correspondence was mailed to the folloz=ring on 0is / � 8 / �— from the Department of PlannuDo and Development, Frederick Co ty, Virg a: 43 • A- - 134-A BRIDGE CHARLES L 44 • A- • 25•A BRIDGE JANE V WAMPLER JACK SR 2010 MARTINSBURG PIKE WAMPLER JACK JR WINCHESTER VA 22603.4709 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 43 • A- . 137- SHOEMAKER JOHN R 44 . A- . 25•B ADAMS ROSALIND S SLAUGHTER JUDITH MCCANN 6515 VALLEY RD MARSHALL ELLEN L TRUSTEES BERKELEY SPRINGS WV 25411.3177 562 MILBURN RD WINCHESTER VA 22603.4724 43 - A• - 140- WEBER MICHAEL S 44 - A• - 40• 1912 MARTINSBURG PIKE SLAUGHTER JUDITH MCCANN WINCHESTER VA 22603.4708 MARSHALL ELLEN L TRUSTEES 562 MILBURN RD 44 • 8• 1- CRIDER & SHOCKEY INC OF WVA WINCHESTER VA 22603.4724 PO BOX 2530 WINCHESTER VA 22604.1729 44 - A• • 17- HIATT RUN CONDOS LLC 1440 AMHERST ST WINCHESTER VA 22601 43 • A• • 132-B SHUMAKER CHARLES & IRELAND DAVID TRUSTEES OF HERITAGE BAPTIST CHU _ 2040 MARTINSBURG PIKE WINCHESTER VA 22603.4709 Michael T. Ruddy, Deputy Planning Di.recl Frederick County Planning Department STATE OF VIRGIINIA COUNTY OF FREDERICK 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 ag and Development, whose name is signed to the foregoing, dated / �2�J/� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on �Q-�mt �-a-k 20/S— NOTARY PUBLIC 44 - A- - 5 SHIRLEY ALLEN L ETALS 2455 MARTINSBURG PIKE STEPHENSON VA 22656.1756 44 - A- - 5-13 SHIRLEY DONALD H 2359 MARTINSBURG PIKE 22656 1716 STEPHENSON VA 44 - A- - 7- SHIRLEY DONALD H 2359 MARTINSBURG PIKE 22656 1716 STEPHENSON VA 44 - A- - 10- HIATT RUN CONDOS LLC 1440 AMHERST ST 22601 3010 WINCHESTER VA 44 - A- - 24- WILSON RITA PO BOX 2996 WINCHESTER VA 22604.2196 44 - A- - 43- BISHOP GREGORY A AMARI THOMAS 285 BOGGESS LN 22603 4065 WINCHESTER VA 44 - A- - 38- DYKE ROBERT C DYKE ALCESTA R 293 OLD CHARLES TOWN RD 2656 1724 STEPHENSON VA 44 - A- - 39- STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 41- CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638-1005 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 28, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-15 FOR McCANN OFFICE PARK 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 #08-15 MCCANN OFFICE PARK, submitted by GrcyWolfe, Inc., to rezone 154.923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.180 acres from RA (Rural Areas) District to 132 (General Business) District, 11.729 acres from RA (Rural Areas) District to MI (Light Industrial) District and 93.246 acres fi•om RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761) and is identified by Property Identification Numbers 44-A-25A, 44-A-2513 and 44-A-40 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.feva.us. Sinnccrrelly, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i COUNTY of F'REDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 7, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-15 FOR McCANN OFFICE PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public liearing 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 Strcet, Winchester, Virginia to consider the following application: Rezoning #08-15 McCANN OFFICE PARK, submitted by GreyWolfe, Inc., to rezone 154923 acres as follows: 43.76 acres from RA (Rural Areas) to RA (Rural Areas) with proffers, 6.180 acres fi-onRA (Rural Areas) District to 132 (General Business) District, 11.729 acres from RA (Rural Areas) District to M I (Light Industrial) District and 93.246 acres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern side of Martinsburg Pike (Route 1 1) and Old Charlestown Road (Route 761) and is identified by Property Identification Numbers 44-A-25A, 44-A-2513 and 44-A-40 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.feva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 T��is is to certify that the at`�ached correspondence v,�as mailed to the folloc=,ing on -) 1 5 from the Deparlsnent of Planning and Development, Frederick 0 Count ,, Virginia: 43 - A- - 134-A 44 - A- - 25-A WAMPLER JACK SR WAMPLER JACK JR 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 44 - A- - 25-B SLAUGHTER JUDITH MCCANN MARSHALL ELLEN L TRUSTEES 562 MILBURN RD WINCHESTER VA 22603-4724 44 - A- - 40- SLAUGHTER JUDITH MCCANN MARSHALL ELLEN L TRUSTEES 562 MILBURN RD WINCHESTER VA 44 - A- - 17- HIATT RUN CONDOS LLC 1440 AMHERST ST WINCHESTER VA 22603.4724 BRIDGE CHARLES L BRIDGE JANE V 2010 MARTINSBURG PIKE WINCHESTER VA 22603.4709 43 - A- - 137- SHOEMAKER JOHN R ADAMS ROSALIND S 6515 VALLEY RD BERKELEY SPRINGS WV 25411.3177 43 - A- - 140- WEBER MICHAEL S 1912 MARTINSBURG PIKE WINCHESTER VA 22603.470E 44 - 8- - 1- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 25- CRIDER & SHOCKEY INC OF WV 22601 PO BOX 2530 WINCHESTER VA 22604.1729 43 - A- - 132-B SHUMAKER CHARLES & IRELAND DAVID TRUSTEES OF HERITAGE BAPTIST CHU 2040 MARTINSBURG PIKE WINCHESTER VA 22603.4709 1\ ichael T. Ruddy, Deputy Planning D' ctor Frederick County Planning Departure STATE OF VIRGE\'IA COUNTY OF FREDERICK I, ��'`nty��. >� , 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 1 aj � i 15 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of jA'.' 5 My commission expires on S j . 2-0 F� NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION It 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 44 - A- - 5- SHIRLEY ALLEN L ETALS 2455 MARTINSBURG PIKE STEPHENSON VA 22656.1756 44 - A- - 5-B SHIRLEY DONALD H 2359 MARTINSBURG PIKE STEPHENSON VA 22656.1716 44 - A- - 7- SHIRLEY DONALD H 2359 MARTINSBURG PIKE STEPHENSON VA 22656.1716 44 - A- - 10- HIATT RUN CONDOS LLC 1440 AMHERST ST WINCHESTER VA 22601.3010 44 - A- - 24- WILSON RITA PO BOX 2996 WINCHESTER VA 22604-2196 44 - A- - 43- BISHOP GREGORY A AMARI THOMAS 285 BOGGESS LN 22603.4065 WINCHESTER VA 44 - A- - 38- DYKE ROBERT C DYKE ALCESTA R 293 OLD CHARLES TOWN RD STEPHENSON VA 22656-1724 44 - A- - 39- STEPHENSON ASSOCIATES LC PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 41- CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638.1005 Easy Peel® Labels Use Avery® Template 51610 e Feed Paper Bend along line to expose Pop-up EdgeTti' �AVERY051610 44.8.2- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604-1729 44 •8- • 2- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - 8- - 2- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - 8- - 2- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 ttiquettes faciles a peler Utilisez le gabarit AVERY® 51610 Sens de chargement Repliez ) la hachure afin de www.avery.com r6v6ler le rebord Pop-up"" 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 51610 Feed Paper 44 -8- - 3- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 3- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - 8- - 4- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 4- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 5- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 5- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 7- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 7- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 i LaMMEMM, 1 Bend along line to AVERV@51610 expose Pop-up Edge T�� 44 -8- - 3- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - 8- - 3- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 4- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 4- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 5- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 5- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 7- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 -8- - 7- CRIDER & SHOCKEY INC OF WVA PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 25- CRIDER & SHOCKEY INC OF WV PO BOX 2530 WINCHESTER VA 22604.1729 ttiquettes faciles A peter A Utilisez le gabarit AVERY® 51610 Sens de chargement Repliez A la hachure afin de rMler le rebord Pop-up Mc www.aveky.com 1-800-GO-AVERY Easy Peel® Labels A Use Avery© Template 51610 Feed Paper Bend along line to expose Pop-up EdgeTM )NAVERY05161® A 44 - A- - 26- CRIDER & SHOCKEY INC OF WV PO BOX 2530 WINCHESTER VA 22604-1729 44 - A- - 26- CRIDER & SHOCKEY INC OF WV PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 26- CRIDER & SHOCKEY INC OF WV PO BOX 2530 WINCHESTER VA 22604.1729 44 - A- - 26- CRIDER & SHOCKEY INC OF WV PO BOX 2530 WINCHESTER VA 22604.1729 I_°tiquettes faciles a peter S Utilisez le gabarit AVERY® 51610 Sens de chargement Repliez A la hachure afin de www.avery.com rMler le rebord Pop-up"" 1-800-GO-AVERY Easy Peel® Labels ® � 1 Use Avery® Template 51610 Feed Paper Mcc=�' 1 44 - A- - 42- CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638.1005 44 - A- - 42- CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638-1005 Bend along line to AVERY051610 expose Pop-up EdgeT'" S 44 - A- - 42- CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638.1005 44 - A- - 42= CUTSHAW ENTERPRISES LC PO BOX 1005 HUDSON NC 28638-1005 NOTIFICATION OF PUBLIC HEARING October 7, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #08-15 FOR McCANN OFFICE PARK 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: +10 Rezoning #08-1.5 McCANN OF ICE PARK, submitted by GreyWolte. Inc., to rezone 1 o rezone acres as follows: 43. 10acres from RA (Rural Areas) to RA (Rural Areas) with proffers, (� Z180'res from RA (Rural Areas) District to B2 (General Business) District. 1 1.72,Wcres from RA 1 reas) District to M1 (Light Industrial) District and 93.24.Vacres from RA (Rural Areas) District to OM (Office -Manufacturing Park) District with proffers. The property is located on the southeastern side of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761) and is identified by Property Identification Numbers 44-A-25A, 44-A-2513 and 44-A-40 in the Stonewall Maeisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library_ the ��eek 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: fcva.us. Sin*rely. Michael T. Ru AICP Deputy Planning Di of MTR/pd T3.76 (�A r_a P2 0/� I (I-7Z� ►�� C c,�nn U� � fur K Lt A 4H-A- a58 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, 107 North Kent Street. Name and Property Identification Number Address Hiatt Run Condos, LLC 821 Apple Pie Ridge Road Winchester, VA 22603 EName rt> #44-(A)-17 Shumaker, et als 2040 Martinsburg Pike Winchester, VA 22603 2010 Martinsburg Pike Winchester, VA 22603 E'Namharles #43-(A)-132B NameCharleS Bridge Property #43-(A)-134A NameJohn Shoemaker 6515 Valley Road Berkeley Springs, WV 25411 Property #43-(A)-137 Name Michael Weber 1912 Martinsburg Pike Winchester, VA 22603 Property #43-(A)-140 NameCrider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property # 44-(8)-1, 2, 3, 4, 5, 7 NameCrider & Shockey, Inc of WV PO Box 2530 Winchester, VA 22604 Property 044-(A)-25, 26 NamcAllen L. Shirley, et als 2455 Martinsburg Pike Stephenson, VA 22656 Property #44-(A)-5 amc Donald Shirley, et als 2359 Martinsburg Pike Stephenson, VA 22656 roperty z44-(A)-5B, 7 E 15 Name and Property Identification Number Address NameVincent Lord 12310 Martinsburg Pike lWinchester, VA 22603 Property 1144-(A)-10 Name Rita Wilson PO Box 2996 Winchester, VA 22604 Property 1144-(A)-24 Name Gregory Bishop 285 Boggess Lane Winchester, VA 22603 Property 1144-(A)-43 Name Robert Dyke 293 Old Charlestown Road Stephenson, VA 22656 Property 1144-(A)-38 Name Stephenson Associates PO Box 2530 Winchester, VA 22604 Property u44-(A)-39 NameCutshaw Enterprises, LC PO Box 805 Morganton, NC 28680 Property 1144-(A)-41, 42 Name Property # Name Property I1 Name Property If Name Property 11 Name Property # Name Property # Name Property 11 Name Property 11 16 4 H-A 49-A- 4 0 ADJOINING PROPERTY OWNERS To:-Ba+-bara-Data Processing From: Pam -Planning Dept. Please print __Li__ sets of labels by (OIL S Thanks! 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, 107 North Kent Street. Name and Property Identification Number Address Name Hiatt Run Condos, LLC 821 Apple Pie Ridge Road Winchester, VA 22603 Property=44-(A)-17 :ameCharles Shumaker, et als 2040 Martinsburg Pike Winchester, VA 22603 Property #43-(A)-132B NameCharles Bridge Property#43-(A)-134A 2010 Martinsburg Pike Winchester, VA 22603 N'ameJohn Shoemaker Property #43-(A)-137 6515 Valley Road Berkeley Springs, WV 25411 NameMlchael Weber Property 0i43-(A)-140 1912 Martinsburg Pike Winchester, VA 22603 ameCrider & Shockey, Inc of WV PO Box 2530 PProperty#44-(8)-1, 2, 3, 4, 5, 7 Winchester, VA22604 meCrider & Shockey, Inc of WV PO Box 2530 �Z'""peml #44-(A)-25, 26 Winchester, VA 22604 NameAllen L. Shirley, et als 2455 Martinsburg Pike Property #44-(A)-5 Stephenson, VA 22656 • Donald Shirle et als 9359 Martinsburg Pike i`amt y, Property#44-(A)-5B, 7 15 Stephenson, VA 22656 r-�arne and Property Identification umber Address Name Vincent Lord 2310 Martinsburg Pike Winchester, VA 22603 Property:94:4-(A)-10 FNamc Rita Wilson PO Box 2996 opert, 44-(A)-24 Winchester, VA 22604 EamGregory Bishop 285 Boggess Lane rt. V 44-(A)-43 Winchester, VA 22603 NamcRobert Dyke 293 Old Charlestown Road Property #44-(A)-38 Stephenson, VA 22656 Name Stephenson Associates PO Box 2530 Propert44-(A)-39 Winchester, VA 22604 NameCutshaw Enterprises, LC PO Box 805 Pr pe, 44-(A)-41, 42 ]Morganton, NC 28680 Name Propen Name Propem x Name Propert\ Name Propmrt 16 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 A1EET YOUR APPROVAL, PLEASE PROVIDE COAIAIE,AITSAS TO IVHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark Dave Eric Mike John COMMENTS: '-6 (' 11FC k Received by Clerical Staff (Date & Time):.L�Q (S:Office on Blackbox\Forms\Document Approval Form — 12/27/13) C7 � �� rr V�,j ( � N � DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W ..E GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: 9 � � 6 REQUESTED COMPLETION DATE: REQUESTING AGENT. -\ Department, Agency, or Company: - Mailing and/or Billing Address: Telephont;: E-mail Address: ESTIMATED COST OF PROJECT: _paO FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) 1-�), , `2.C)(1 I'I J -11 () <.)--, G5 CAI o: C, �� r �iv's 11 A } �I �— y D In►� c. C cx.� 1 04 �Q f u, K, E MAIL(V-A-A -L-fC, ' DIGITAL.,: SIZES: COLOR: PAPER: FAX: - BLACKfWHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: `ZC)1'� i r1 HOURS REQUIRED: AMOUNT PAID: CHECK NOS Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) r 6 o n\ 0M W;�Lt 64011rs