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HomeMy WebLinkAbout03-17 Rutherford Crossing - Stonewall PIN 43-A-99 M1 to B2-M1 with Revised Proffers - Backfile0 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List 1t �-14-(q 7 11-71"1 7I 1-7 Sys ID # File opened Fee & Sign Deposit _ Deed Plat/Survey Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting �r r ACTION: ACTION: Signed coP), of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated I) -base updated Application Action SummarN updated File given to Mapping to update zoning map Zoning map amended Proffers recorded NOTES RECEIPT RECEIVED FROM ADDRESSJ milt l vG FOR DATE ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AML (� CHECK PAID 17 BALANCE MONEY DUE ORDER RUTHERFORD LLC 07/02 BS.540-662-0323 114 N CAMERON ST WINCHESTER. VA 22601-4745 Pay to the Or rof No. 791932 rr w s , , rn c(� - A BY '02001 RMFOr". rs 81_818 1387 68-426/514 Date llollars BRANCH BANKING AND TRUST COMPANY j 1-800-BANK BBT BBT.Com For- i:0 S L 40 4 2 60i:000 S L 3 4 17 2 70 SIIN L 38 7 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 July14, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: REZONING #03-17 Rutherford Crossing PIN:43-A-99 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on July 12, 2017. The above -referenced application was approved to rezone 22.16+/- acres from the M1 (Light Industrial) District,,to the B2 (Business General) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-99. The proffer statement, originally dated April 19, 2017 that was approved as a part of this rezoning application is unique to the above -referenced property 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, Candice Perkins, AICP, CZA Assistant Director CEP/ks Attachment cc: Judith McCann -Slaughter, Supervisor Stonewall District Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution ,C. Robert Solenberger, 114 North Cameron Street, Winchester, VA 22601 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 C� • Kathy Smith From: Mail Delivery System <MAILER-DAEMON@co.frederick.va.us> To: wcline.fredcogovpc@icloud.com Sent: Friday, July 14, 2017 10:13 AM Subject: Relayed: Approval Letter Rezoning#03-17 Rutherford Crossing Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: wcline.f redcogovpc@icloud.com Subject: Approval Letter Rezoning#03-17 Rutherford Crossing Kathy Smith From: greywolfeinc@aol.com Sent: Friday, July 14, 2017 10:12 AM To: Kathy Smith Subject: Read report : Approval Letter Rezoning # 03-17 Rutherford Crossing Recipient: greywolfeinenaol.com Time of reading: 7/14/17 10:12 AM Subject: Approval Letter Rezoning # 03-17 Rutherford Crossing Gary, Please see the attached approval letter for the Rezoning903-17 for Rutherford Crossing. Should you have any questions, please contact me. Kathy Kathy Smith Frederick County Planning and Dev 0 Kathy Smith From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, July 14, 2017 10:10 AM Subject: Delivered: Approval letter Rezoning #03-17 Your message has been delivered to the following recipients: Judy McCann -Slaughter (jslaughter@fcva.us) <mailto: jslaughter@fcva.us> Subject: Approval letter Rezoning #03-17 17-1 0 Kathy Smith From: Mail Delivery System <MAILER- DAEMON @AOL.com> To: Greywolfeinc@aol.com Sent: Friday, July 14, 2017 10:17 AM Subject: Expanded: Approval Letter Rezoning # 03-17 Rutherford Crossing Your message has been delivered to the following groups: Greywolf einc@aol.com Subject: Approval Letter Rezoning # 03-17 Rutherford Crossing REZONING APPLICATION 903-17 RUTHERFORD CROSSING Staff Report for the Board of Supervisors Prepared: June 30, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: 06/07/17 Board of Supervisors: 07/12/17 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: To rezone 22.16+/- acres from the M 1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07-F/- acres of land zoned M I (Light Industrial) District with proffers to the NII (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/12/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 49.23 acres of land from the M I District to the B2 and M 1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the MI District with proffers to the B2 District with proffers and 27.07 acres from the M I District to the M I District with revised proffers. The subject property is located within the Sewer and Water Service Area (S WSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial 'zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M 1 zoning designation. The property was originally zoned to the M l District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sfbuilding cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 7, 2017 meeting. Following the required puhlic hearing, a deci.vion regarding this rezoning application by the Board of Supervisors would he appropriate. The Applicant should he prepared to adeguatelV address all concerns raised by the Board of Supervisors. Rezoning 403-17 Rutherford Crossing June 30, 2017 Page 2 This report is prepared by the Frederick Comity Planning Staff to provide itifoi-mation to the Planning Commission and the Board of Supervisors to assist them in slaking a Clecision oil this application. It tray also be useful to others interested it this zoning tnattei-. Unresolved issues concei-ring this application are noted by Stuff ivhei-e relevant thi-oughout this staff report. Reviewed Action Planning Commission: 06/07/17 Public Hearing Held; Recommended Approval Board of Supervisors: 07/12/17 Pending PROPOSAL: To rezone 22.16+/- acres from the M 1 (Light Industrial) District to the 132 (General Business) District with proffers and 27.07+/- acres of land zoned M 1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development. MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBER: 43-A-99 PROPERTY ZONING: M 1 (Light Industrial) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M2 (Industrial General) Use: Vacant RA (Rural Areas) Use: Residential South: RP (Residential Performance) Use: Residential 132 (General Business) Commercial M I (Light Industrial) Office/Vacant East: RA (Rural Areas) Usc: Residential M I (Light Industrial) Office M2 (Industrial General) Use: Vacant West: M 1 (Light Industrial) Use: Vacant 132 (General Business) Commercial 0 • Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dent. of Transportation: A VDOT review has been completed on the Rutherford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers offered in this rezoning application. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: Please see leller from Eric R. Laivrence, AICP, Executive Director dated April S, 2017. Frederick County Department of Public Works: Upon review of the subject rezoning request, we offer the following comments: • A comprehensive review of stormwater management, erosion and sediment control, site grading, etc. will be performed at the time of site plan review. • Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state, or local environmental permits shall be submitted at the time of land disturbance application. As part of the original Rutherford Crossing Development, off -site improvements were performed on the Del-laven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owners and Frederick County Staff to ensure the channel Improvements are functioning as designed and constructed. During this inspection, we want to ensure no erosion and degradation of the channel is occurring. If it's determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design requirements shall comply with Frederick County Chapter 143 and VADBQ requirements. • We offer no additional comments. We recommend approval of the subject rezoning. Frederick County Attorney: The proffer statement dated April 19, 2017 is legally sufficient as a proffer statement. City of Winchester: The City of Winchester has no comments as water and sewer is provided by the F.C.S.A. Planning & Zoning: 1) Site History On April 22, 2002 the County approved Rezoning 1/07-01 which rezoned 113 acres from the RA (Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M1 (Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP District to the B2 (General Business) District, rezoned 14.5 acres from the RA District to the B3 Rezoning 403-17 Rutherford Crossing June 30, 2017 Page 4 (Industrial Transition) District with proffers (including an IA Interstate Area Overlay). On July 14, 2004 the County approved Rezoning 1/06-04 which rezoned 13.4 acres from the RA (Rural Areas) District, the B2 (General Business) District, the B3 (Industrial Transition) District and the M I (Light Industrial) District to the B2 and B3 Districts with proffers. This was a reconfiguration of 12.65 acres that was part of' Rezoning 1/07-01, plus the rezoning of .75 adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward to Rezoning 406-04. On January 24, 2007 the County approved Rezoning #17-06 which rezoned a portion of the property to the B2 District and also updated the proffers for the remainder of the site which totaled 138.6 acres (minus the FEMA properly). 2) Comprehensive Policy Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan Is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this properly with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located on the northwestern side of the W&W Railroad Line, will retain the existing M I zoning designation. LlnWi-i)n fienicll Feami-es It should be noted that approximately 95% of the properly located on the northwestern side of the W& W Railroad Line (the retained M I area) is within the Hiatt Run floodplain. A portion of the subject property proposed to be rezoned to the B2 District also contains floodplain. Transportation crud Sile Access The subject property has frontage on both Millon Ray Drive and Market Street; access will be determined in the fixture at the site plan stage. • Rezoning 403-17 Rutherford Crossing June 30, 2017 Page 5 The proffers associated with this rezoning are consistent with the obligations entered into with the 2006 proffer statement for this property. Specifically, the proffer statement continues to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owners shall prepare and submit the plat for the dedication within 90 days of request by the County. The proffer statement also continues to require a Transportation Impact Analysis (TIA) for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Owners have proffered that the improvements demonstrated by the TIA shall be included in the site plan design for the development application. All other transportation Improvements identified in the 2006 proffer statement have been completed. 3) Proffer Statement — Dated March 7, 2017, Revised April 19, 2017: A. RZ #17-06 Proffer Statement: The Owners recognize that parcel 43-A-99 was one of three parcels covered under Rezoning #17-06. The Owners recognize that the 2006 rezoning established a limit of 1,245,000 square feet of total building structural area and limited the site to three Interstate Overlay signs. The Owners agree that future development activities within the property will be subject to these limitations. ■ Staff Note: The site is current P approved for 430,795 sf of structural area (includes constructed and approved totals). B. Transportation Enhancements: • Proffer to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owners shall prepare and submit the plat for the dedication within 90 days of request by the County. • The Owner proffers to submit a Transportation Impact Analysis (TIA) for future site plans proposed for the property that exceed 26,652 ADT as calculated for land developed within the total acreage of Parcels 43-A-98, 43-A-99 and 43-A-100 (as they existed when approved with Rezoning 1117-06). The Owners proffer that the improvements demonstrated by the TIA shall be included in the site plan design for the development application. ■ Staff Note: As outlined in the Applicant's lnrpactAnalysis, the currentproject volume from the site for all constructed and approved development totals 24, 095 AD T. C. Property Development Requirements: • Monetary Contribution of $0.10 per developed primary structural square foot for Fire and Rescue. • Prohibited Use — Truck Stops (SIC 5541) Rezoning #03-17 Rutherford Crossing June 30, 2017 Page 6 PLANNING COMMISSION SUMMARY AND ACTION FROM THE O6/07/17 MEETING: Staff reported this application is to rezone a total of 49.23 acres of land from the M1 District to the B2 and M1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the M 1 District to the M 1 District with revised proffers. Staff noted this property was originally rezoned in 2001, and revised in 2004 and 2007. Staff then provided an overview of the site and the proposed proffers. Mr. Evan Wyatt with Greenway Engineering, representing the Applicant came forward. Mr. Wyatt stated that the area seeking a rezoning to the commercial district would be consistent with the existing commercial areas within Rutherford Crossing and the proffers are still intact from the original rezoning. A Commission Member inquired with regards to the monetary contribution proffered to Fire & Rescue; with the change from light industrial to business, this may also impact the local police therefore would it be appropriate to offer the Sheriff's Department a monetary contribution as well. Mr. Wyatt noted the expectation over time with rezonings has been to support Fire & Rescue therefore they have tried to mirror other commercial and industrial rezonings which is the $0.10 per square foot and he feels it is appropriate. A Commission Member requested clarification that the M1 parcel being rezoned is just revising proffers and what is this accomplishing. Mr. Wyatt explained specifically the application seeks to rezone 22.16 acres from MI District with proffers to B2 District with proffers and 27.07 acres from MI District to MI District with revised proffers. A Commission Member commented there are approximately seven residential properties along Route 11, would like to see the Applicant be willing to provide a 20 foot sewer easement across the back of these properties. A motion was made, seconded, and unanimously passed to recommend approval of REZ #03-17 for Rutherford Crossing. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/12/17 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 49.23 acres of land from the Ml District to the B2 and M1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M 1 District with proffers to the B2 District with proffers and 27.07 acres from the M1 District to the M1 District with revised proffers. The subject property is located within the Sewer and Water Service Area (S WSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M 1 zoning designation. Rezoning; #03-17 Rutherford Crossing June 30, 2017 Page 7 The property was originally zoned to the M I District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sf building cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their June 7, 2017 meeting. Foflo;yin,q the required public hearing, a decision i-egai-ding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. F REZ#03-17 Rutherford Crossing PIN: 43-A-99 Rezoning from M1 to B2/M1 with revised proffers Zoning Map WN RDA , T MIF 4C.. '. . 15 O RD 1H j� s y • ►ARSON C T 1 WARD • - WO a F v LTOWN 9, 4�T A UTOWN RO WN�RD f +: r J r P REI #1 3- LM 9637 J d 0 LhN, :,. I MARflNSRURG 1962� ��a1KE RTINSRURG t9 �:', ei ei REZ#03-17 Rutherford Crossing PIN: 43-A-99 Rezoning from M1 to B2/M1 with revised proffers Location Map r .hL• 3 sor LT _ I I RSON CT f )WN.RD 522,E 139 ? 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OWNW C21Si I � / /*f+R 1, GNP 3109 Ll $I a,:] PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2017 Current ( N%nvrs: C. Robert Solenberger; John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • • Greenway lingincering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL 43-A-99 PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District with Proffers to 13-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John 13. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional 'Lolling amendments pertaining t0 Rezoning Application for the 49.23±-acres Property from the M1, Light Industrial District with approved proffers to establish 22.16± acres of 132, Business General District and 27.07± acres of M 1, Light Industrial District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms aIld conditioIls may be subsequently amended of revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal Successors, heirs, or assigns. The Property, identified as Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Nlunber 040017164. The portion t0 be rezoned from the MI, Light Industrial District t0 the B2, General Business Dlstrlct is that portion more particularly identified by metes and bO1111CIS On page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on the Plat of the Property prepared by File 1i2795!/I?AW • 0 Greenway Cingineering March 7, 2017 Tax Parcel 43-A-99 Reaming Revised April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number 070011053. RUTHERFORD CROSSING — TAX PARCEL 43-A-99 PROFFER STATEMENT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board Of Supervisors oil January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements The Owners proffer to dedicate the land area within the Property for the 350-foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of' written request by Frederick County. 2. The Owners proffer to submit a Traffic hnpact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic Volume calculations associated with future land development On the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. Tile Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution Of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County Pile #12795J/I:AW 3 Greenway Iingineering March 7, 2017 Tax Parcel 93-A -99 Rezoning Revised April 19, 2017 at the 6111C Of ISSUMICC of the Certificate Of OCCUpancy Perillit for ally primary Structure constructed on the Property. 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the Property. PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES File #27951n:Aw 4 AREA TABULATIONS ZONING AREA M-1 79.03 AC. B-2 59.65 AC. TOTAL AREA = 138.68 AC N30' 4 RT. 37 R-O-W 37 R-O-Yy i DEDICATION / DEDICA,tl�' I i r-b � Ot 19,� \ VDOT \\ \\ \\ \\ \\ \\ RIGHT-OF-WAY \ RESERVATION N76'38'50"W N�3 87.67' \ 1 \\ \N \\ TAX MAP 43 A 98 M-1 ' VIRGINIA APPLE STORAGE ;1 TAX MAP N 43 A 99 INSTRUMENT 200411262 55.45 AC. ;C. ROBERT SOLENSERGER. VDOT JOHN B. SCHROTH AND !IGH T-OF-WAY S42'18'30"W JOHN S. SCULLY, IV RESERVATION 1895.35 �1 f INSTRUMENT 040017164 S421 1 1285. N42'18'30"E of 23.58 AC. N422;i838 1057.31' TAX MAP # 43 A 100 al .f95752T54 0' RU THERFORD FARM, LLC { N42 18'\O:E�' - m 290.28 INSTRUMENT 050006702 _ B-2 59.65 AC. __ Of+�C Ep15pN COy I 171-06'49"E FE AA _ I 9.59 I194.41' N27'08'0�"E PROPER I fiLINE 3 1 71 �✓ � v TAX MAP id 43 A 99 m u C. ROBERT SOLENBERGER, m� nwi JOHN B. SCHROTH AND u o JOHN S. SCULLY, IV INSTRUMENT 040017164 538'O7'07"W - - N I i i— 9�63a�Tj I � � 1 1 I`y -C3 u I DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING MC2 1'28'32" 562958' 144.97 72,49' 144.97' S 00'33'13" E 29' 18'43" 1321-72 676.16 345.66' 668.83' S 15.56.51 " E C3 20'57'23" 2252.00' 823.69 416.50' 819.11' N 5920'03" E C4 615'12" 5629.58' 614.43 307.52' 614.12' S 04'13'45" W C5 12'53'54" 5629.58' 1267.32 1 636.35' 1264.65' S 18*33,51" W C6 43'58'47" 1 500.00' 383.80 201.9l' 374.44' N 49'07'26" E v.uw<c�-rvVrULU!IUJ,-�nncne5ierutxnuF"NUh'UJLU LUMNG !XHI81Ld WCJ Jan 22, 2007 o v s RT. 37 r c c ra MAINLINE 0 s w CORRIDOR R-O W DEDICATION ! y !� n m y n u ' a - - +W pp o � ccI C ^C7" S27'54'00"W 47.83' Z RT. 37 ALIGNMENT � ¢ < AS PROVIDED BY FREDERICK .m Z N Z COUNTY PLANNING 0 O cc DEPARTMENT M m Z O < > Q W Q 5 7 w V O < Z O J Y J U _ W Z O = O w W N d o LL I cc N 400 200 0 400 800 1200 GRAPHICAL SCALE: 1 ° = 400' w N W N Ln LL O • Greenway Engineering Owner Signature March 7, 2017 Revised April 19.2017 Tax Parcel 43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: C. Robert Solenberger Date Commonwealth of Virginia, City/Cy of C To Wit: The foregoing instrument was acknowledged before me this �day of 20� by j, e Notary Public -,f ;;-I : A' U"V' My Commission Expires 3 " 3 / �;we ,``�a��uuuu��p�� �OIEY 'y ••4D 0 File #2795J/FAW 5 0 • Greenway Engineering March 7.2017 Tax Parcel 43-A-99 Rezoning Revised April 19.2017 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: : B �. Y CL�' — John B. Schroth Commonwealth of Virginia, CityfC'eunty of lx-'�6-k C:1(1-'2L To Wit: ;' Date The foregoing instrument was acknowledged before me this day of % r 204�7 by IZI14-er Notary Public -;0�a,2 9.2 90 My Commission Expires File #2795]/EAW 6 0 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: i By: �` 2z(.111e-'4"'-1---.-. John C. Scully, 1V Commonwealth of Virginia, City/Coaftty of To Wit: Date The foregoing instrument was acknowledged before me this day of h t_ 20-LZ by My Commission Expires .j File #2795J/EA W Notary Public W 99-28e% 7 IMPACT ANALYSIS STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia March 7, 2017 Current Owner: C. Robert Solenberger; John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering;, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning RUTHERFORD CROSSING REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 22.16±-acre portion of a 49.231 acre subject property owned by C. Robert Solenbei-ger, John B. Schroth and John S. Sully, IV and identified as Tax Map Parcel 43-A-99. The subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center, and is currently zoned M-1, Light Industrial District. The Applicant proposes to rezone the 22.16±-acre portion of the 49.23± acre subject property that is located on the east side of the Winchester and Western Railroad to B-2 Business General District with proffers to allow for commercial and retail development that is consistent with other commercial and retail businesses located within the Rutherford Crossing Commercial Center. Basic information Location: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. Magisterial District: Stonewall District Property ID Numbers: 43-A-99 Current Zoning: M-1, Light Industrial District (49.23i acres) Current Use: Undeveloped Proposed Zoning: B-2, Business General District (22.161 acres) M-1, Light Industrial District (27.07± acres) Proposed Use: Total Rezoning Area: Pile 112795J/ Impact Analysis Statement/EAW B-2 District - Commercial & Retail M-I District — Undeveloped (Floodplain) 22.16± acres of the 49.231-acre subject property 2 11 Greemcay Engineering March 7, 2017 Rulherford Crossing Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 49.23± acre subject property is currently located outside of the UDA; however, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer- and Water- Service Area Tile Sewer and Water Scrvicc Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas of the County in which commercial and industrial land use development is only desired. The 49.23± acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 49.23f acre subject property is located in the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies existing and future land use, transportation networks, and other matters that are recommended for consideration for future land use and development within this geographic area of the County. The 49.231 acre subject property subject property is identified for industrial land use. The 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning Is the only remaining land area located on the east side of the Winchester & Western Railroad. This portion of the subject property is bound by commercial, retail, restaurant and office land use, The depth of file 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning is approximately 350', which is more conducive for commercial, retail and restaurant land use than industrial land use. These factors demonstrate that the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning is consistent with existing and future commercial land use development and is consistent with good planning practice in determining conformity to the Comprehensive Plan. SUITABILITY OF THE SITE A rri-cc The 22.16i-acre portion of the subject property proposed for B-2, Business General District rezoning is located on the southeast side of Market Street (Route 1621) and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. Future File 112795// Impact Analysis Stalemcnt/EAW 3 • • Grccmvay Engineering March 7, 2017 Rutherford Crossing Rezoning development of the Subject property can be accommodated by the existing street systems within the commercial center. Flood Plains The 49.23i acre subject property contains areas of floodplain associated with Hiatt Run. Approximately 95% of the subject property located on the west side of the Winchester and Western Railroad is located within floodplain. A portion of Subject property located on the cast side of the Winchester and Western Railroad proposed for B-2, Business General District rezoning is located within floodplain. The location of floodplain associated with the subject property is demonstrated on FEMA NFIP Map #51069CO210D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database demonstrated on the Envlronn7cntal Fcalul-CS Map Exhibit. Wetlands The 49.231 acre subject property contains wetland areas associated with Hiatt Run. The National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database does not identify wetlands areas on the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning. However, a wetlands delineation report will be prepared for the Subjcct property prior to commercial development activities to ensure that this environmental feature is identified and confirmed by the USAGE. Soil TVes The 49.23± acre subject property contains four Soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 513: Carbo Silt Loans 2-7% slope 6C & 7C: Carbo-Oaklet Silt Loams 2-15% slope 14B & 16C: Frederick-Poplimento Silt Loams 2-15% slope 3213: Oaklet Silt Loams 2-7% slope The Carbo Silt Loams and the Frederick-Poplimento Silt Loams 2-7% slope are identified as prime agricultural soils. All soil types are identified as moderate to severe for the development of small commercial buildings due to shrink -swell properties. The soil types on the 22.16±-acre portion of the subject properly proposed for B-2, Business General District rezoning are consistent with developed areas in the Rutherford Crossing Commercial Center and the FEMA Office site; therefore, it is not anticipated that soils conditions will be a constraint for development of the subject property. Other Environmental Features The 22.16±-acre portion of the Subjcct property proposed for B-2, Business General District rezoning does not contain areas of steep slope, lakes or ponds or natural stormwater retention Pile #2795J/ Impact Analysis Statement/EAW 4 • • Greenvay Engineering March 7, 2017 Rutherford Crossing Rezoning areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present other- than those identified above that create development constraints for proposed commercial development on the property. SURROUNDING PROPERTIES Adjoining property zoning and present LISC: North: M-2, General Industrial District Use: Undeveloped RA, Rural Areas District Residential South: B-2, Business General District Use: Commercial M-1, Light Industrial District Undeveloped Cast: RP, Residential Performance District Use: Residential M-1, Light Industrial District Office West: M-2, General Industrial District Use: Undeveloped M-1, Light Industrial District Undeveloped TRANSPORTATION The Subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. The 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the Cast side Of the Winchester & Western Railroad and is bound by commercial, retail, restaurant and office land use. The subject property is currently zoned M-1, Light Industrial District and is a component of the Rutherford Crossing land area approved under RZ# 17-06. This rezoning application included a Traffic Impact Analysis that was prepared for the entire 138.861 acres, which included the subject property. The Traffic Impact Analysis Statement, prepared by Patton, Harris, Rust + Associates dated September 7, 2006 projected various commercial, retail, restaurant and industrial land uses for the entire 138.86i acres approved under RZlf 17-06. The approved Traffic Impact Analysis Statement projected 26,652 ADT for the buildout of Rutherford Crossing. The RZ# 17-06 Proffer Statement included a Transportation Enhancements Section that offered on -site and off -site transportation improvements consistent with the traffic impacts identified by the approved Traffic Impact Analysis Statement. The proffered on -site and off -site transportation improvements have been completed including the following: Installation of traffic slgnallzatloll and intersection improvements at Martinsburg Pike (U.S. Route 1 1) and Merchant Street (Route 1620). •:' Installation of traffic slgnallzatloll at the southbOLInd on and off ramps at Interstate 81 Exit 317 and Martinsburg Pike (U.S. Route 11). File 112795J/ Impact Analysis Statement/EAW 0 0 Grcenway Engineering March 7, 2017 Rutherford Crossing Rezoning Installation of traffic signalization at the northbound on -ramp at interstate 81 Exit 317 and Redbud Road (Route 661). Preparation of traffic signal timing analysis for all traffic signals located along Martinsburg Pike (U.S. Route 1 1) between Merchant Strcet (ROl1tc 1620) and Crown Lane. •:• Construction of a third southbound travel lane on Martinsburg Pike (U.S. Route 1 1) from Merchant Street (Route 1620) to the Intustate Exit 317 northbound on -ramp. Construction of northbound and southbound thru-travel lanes, right turn lanes and left tuns lanes along the Martinsburg Pike (U.S. ROutC 1 1) property fi-ontage. + C011Stl-LICt1011 of Merchant Strcet (Route 1620) and Markct Street (Route 1621) to majol- collcctol- 1-oad Standards. Provision of $250,000.00 to Frederick County to assist with additional transpoi-tation Cllhanecments within the Martinsburg Pike (U.S. Route 1 1) corridor. In order to assess the potential traffic impacts for the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning, Grcenway Engineering has analyzed the approved Traffic Impact Analysis for the Rutherford Crossing project and Current project conditions. Grcenway Engineering evaluated the projected land use assumptions fi-on7 the Traffic Impact Analysis; CV£Llll�lted the existing and approved projects within Rutherford Crossing; evaluated the projected traffic impacts from the FEMA Office facility that were not part Of the Traffic Impact Analysis; and evaluated the projected land use associated with the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning. The actual land uses, approved project land uses and the projected land uses on the subject property were evaluated pei- the ITE Trip Gcneratlon Manual 9t11 Edition. The following table provides for the land use square feet projections utilized in the Traffic Impact Analysis and the square feet of the actual and approved land uscS in the Rutherford Crossing project: Rutherford Crossing Project Lard Use TIA Lard Use Projections Actual/Approved Lcmd Use Home Improvements Su lerstore 117,000 SF 154,000 SF Retail Superstore 127,000 SF 127,000 SF Specialty Retail 187,147 SF 80,975 SF Restaurant 22,500 SF 15,700 SF'` File #27951/ Impact Analysis Statement/EAw 6 0 0 Greemsay Engineering Mauch 7, 2017 Rutherford Crossing Rezoning Fast rood 4,500 SF 8,500 SF Drive -In Bank 4,100 SF 0 SF Industrial 215,000 SF 0 SF Medical 0 SF 8,450 SF* Grocery Store 0 SF 36, 170 SF* Totals: 677,250 SF 430,795 SF Note: * includes Red Robin, Valley Health Urgent Care and Lidl Grocery Store Greenway Engineering prepared an average daily trip analysis for Rutherford Crossing that included the existing land uses, the land uses that are under construction and/or are approved, and the FEMA Office facility that was not a component of the approved Traffic Impact Analysis. The average daily trip volumes were calculated using the ITE Trip Generation Manual 9t1i Edition, which is the current doc11111CI1t utilized by VDOT. The projected volumes totaled 20,039 ADT for the identified land uses. The projected average daily trip volumes for the 22.16±-acre portion of the Subject property proposed for B-2, Business General District rezoning were calculated assuming 122,000 SF of specialty retail land use, totaling 4,056 ADT. Therefore, the combined projected average daily trip volumes for Rutherford Crossing for actual, approved and projected land uses totals 24,095 ADT, which is 2,557 ADT below the projected average daily trip volumes associated with the approved Traffic Impact Analysis. Additionally, the approved Traffic Impact Analysis projected 1,814 average daily trip volumes for 215,000 SF of industrial land use. No industrial land use has been developed at Rutherford Crossing to date; however, the inclusion of the projected industrial volumes do not exceed the projected 26,652 ADT for the buildout of Rutherford Crossing. The Owners have performed all transportation infrastructure nllpl'oVC111CntS that were identified in the approved RZ 1/17-06 Proffer Statement. The Owners have provided for transportation proffers for the proposed rezoning application that continue the commitment for right-of-way dedication associated with the Route 37 main line and ramping; and the commitment to prepare traffic impact analysis studiCS in conjunction with future Site Plans that result in average daily trip Volumes that exceed the 26,652 ADT volume projected for the buildout of Rutherford Crossing. Therefore, the transportation enhancements that have been performed, coupled with the commitment for right-of-way dedication and preparation of additional traffic studies for future land uses within the subject property mitigates transportation impacts associated with this rezoning application. File #2795J/ Impact Analysis StatemcnUEAw E 0 Grcemeay Engineering March 7, 2017 Rutherford Crossing Rezoning SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The Frederick County Sanitation Authority is the provider of public sewer service for the Rutherford Crossing Commercial Centel- and other properties within tills area Of tile County. The Frederick County Sanitation Authority has in existing 8-Inch sanitary sewer force main that is located on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. There are three 8-Inch gravity sewer lines that can be accessed that tie into a 120K GPD sewer pump station that is also located on the subject property. The 8-Inch sanitary sewer force main directs sewer effluent to a gravity main located oil the west side of Interstate 81 near the Route 7 Interchange, which then directs sewer CMLICnt to a gravity main owned by the Frederick -Winchester Service Authority that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, a projection of 750 gallons/day/acre of commercial development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 750 gallons/day/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD projected sewer demand The sewer computations utilir_ed for calculating and permitting the 120,000 GPD sewer pump station included the bulld011t of Rutherford Crossing (commercial and industrial acreages); as well as the FEMA Office facility. Therefore, future development Of the subject property is accounted for and can be served by the 120,000 GPD sewer pump station. The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to the Frederick County Sanitation Authority. The Frederick County Sanitation Authority currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. Tile projected 16,620 GPD for the proposed project represents 0.58% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The Frederick County Sanitation Authority is the provider of public water service for the Rutherford Crossing Commercial Center and other properties within this area of the County. File /127951/ Impact Analysis Stalement/EAw • 0 Greencay Engineering March 7, 2017 Rutherford Crossing Rezoning Tile Frederick County Sanitation Authority has an existing water transmission line located oil the 22.16i-acre portion of the subject property proposed for B-2, Business General District rezoning. The Rutherford Crossing Commercial Center is developed with a series of 8-inch, 10-inch and 12-inch water- lines that provide a water line loop for the project area, which are accessible to the subject property. Based on comparable discharge patterns, a projection of 750 gallons/day/acre of commercial development is all appropriate CalCUlatlon for estimating file water demand for commercial land uses. Q = 750 gallons/clay/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD projected water demand The Frederick County Sanitation Authority provides potable water from the Northern Water Trcatnlent Plant in this geographic area of the County. The Northern Water Treatment Plant currently provides a potable water treatment capacity of three million gallons per clay (3 MGD) and is the primary facility serving the subject property. There are two water transmissioI lines that provide public water to the Rutherford Crossing Commercial Centel - including a 20-Bich water transmission line located along the Winchester and Western Railroad, and a 10-inch water transmission line along Martinsburg Pike that ties into a water transmission line owned by the City of Winchester. The existing water system network serving the subject property provides for adequate capacity, pressure and fire flow. Tile projected water demands serving the portion of the subject property proposed for B-2, Business General District rezoning represent 0.55% of the available storage capacity at the Northern Water Treatment Plant; therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity and pressures. SITE DRAINAGE The topographic relief on the 22.16i-acre portion of the subject property proposed for B-2, Business General District rezoning generally follows a northwestern manlier, which directs drainage towards Hiatt Run located along the rear of the property. The Rutherford Crossing Commercial Center was engineered to direct stormwater through a storm sewer collection system that discharges into a drainage swale located on the subject property. A stormwater drainage easement was stablished along the limits of the drainage swale, which was recorded by instrument No. 070011053/0105. Future Commercial development on the subject property will have access to this stormwater drainage easement and will direct stormwater to this location. Future commercial Site Plans will include stormwater management plans and erosion and sedimentation control plans that will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the C011111111111ty will be mitigated. Pile 112795J/ Impact Analysis SlatemenVEAw 9 C� • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 E.) Li htin The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees that all building mounted lights and pole -mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Si na e 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-]00), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel 443-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Gi Green.ey Engineering April S. 2004 Rulhmford Crossing Rezoning Revised September S.2006 Revised October 26, 2006 Revised November 7.2006 Revised November 29, 2006 Revised Decernbu 21, 2" Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner, In the event the Frederick County Hoard of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectfully Submitted: By: Rutherford Farm, LLC Date Tax Parcel #43-((A))-100 Commonwealth of Virginia, City/County of y (GcG 7GL •r. To Wit: The foregoing instrument was acknowledged before me this (day of. 20*y Notary Public My Commission Expires /I'9G f �1J .�l. Zt, 10 • E Grem.ay Engineering Apri! 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 16,1006 Revised November 7, 20% Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Virginia Apple Storage, Inc. Date Tax Parcel #43-((A))-98 Commonwealth of \Virginia, 1 City/county of V�,� 1 hC d1 PSV t Y + VA To Wit: The foregoing instrument was acknowledged before me this ]gday of —a h U Q C,- 2006 by _ D I Q 11 e V IQ Y Yl S Ic or ' = i/ Notary Public My Commission Expires 1 ) E1 ` � o O • Gmmivay Engineering April 5, 2004 —ncrford Gmsing Rezoning Rcvisad Septembc $, 2006 Revised October 26, 2006 Revicod November 7, 20p6 Revised November 29.2006 Revised December 21, 2006 Revised January 17, 2007 signal The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 6�1- -f�Li� ' C. Robert Solenberger Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/ of ��1, 1i c �� e� t �/ To Wit: jk The foregoin g instrument was acknowledged before me this , day of a r 2006by 0' �0�Cr� So',eY) bL` ,"C -�NV �'-V) (� " �"' 'j, C�- J otary Public My Commission Expires C - 3 L - a Gt 12 0 • Gnenway Engineering April 5, 2004 Rutherford Crossing Rexc dng Revised September 5, 2ow Revised ocwba 26, 2006 Revised November 7, 2" Revised Novcmbcr 29, 20% Revised Dec—bc 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the ]and rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: y Johns Scully, IV Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, CityfC-enntic,of fir 05 e'C To Wit: t� The foregoing instrument was acknowledged before me this I ay ofl 2006 by Z () 6 S S � to � l�, IV Notary Public My Commission Expires � - 3 C — a G � rj 13 u Greenwey Engineering Apri15, 2004 Ru therford Cussing Rezoning RevLced Sepemba S, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21. 2006 Revised J&n ary 17, 2007 SigLiatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner, In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y: - /X2 Z7 s ohn B. Schroth Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, } Cityof Yt I [' r, To Wit: The foregoing instrument was acknowledged before me this'day of Y U L1 Y 2006 by c1 ► I " ) �� - S CA k (A \ I _�Ji vy� �C& �Lj J Notary Public My Commission Expires c� - 30 —do) n 14 AREA TABULATIONS ZONING AREA / v �� — - _ _ — y M-1 85.26 AC. B-2 // C7 194.39' 28.66 AC. / /i / �i N44'08'18"E B-3 /�/ 0� ji 211a1 22,46 AC. JSE TOTAL AREA = 136.38 AC / // PC // fG / E 76'38'50'w 55A6 AC. / C TAX MAP k 43 A 98 ' TAX MAP k 43 A 99 e Y VIRGINIA APPLE STORAGE, INC. C. ROBERT SOLENSERGER, M / // / // S75'36'08"E JOHN B. SCHROTH AND 58. 19' JOHI4 S SCULLY, IV S ie9s'51g:w S2754'00"W N42'1 B'30 Ei5�'' -f-at Sat' 47.83 1.,- 8'29"W 105 ),31• 60' R-O-W 12A5.15' N42' 18'30'E TAX MAP g 43 A 100 I 1957.08' RUTHERFORC FARM, LLC 1 527.54'00'H' B-3 22.88AC.PG_74___-- N2'/36'12"Ws• C4 -�. i`•Oq. m POTOMAC EDISON G0. _ /36.59' \ \4 SBA J> 30. I zs _ CS _ �TAX MAP N 43 A 99 C. ROBERT SOLENBERGER• TLX MAP d 43 A 111 / \\ _ _ JOHN B. SCHROTH AND m �TJ, C. ROBERT SOLENBERGER, / N47'S5'36' _ JOHN B. SCHROTN AND JOHN S. SCULLY, IV m u • N JOHN S SCULLY, IV \ \ \ u M-1 B-2 28.66 AC. J 29.81 AC. 538'01'07"W IN29'45'52"W 963 47' / I 79,86' NUMBER DELTA CURVE TABLE RADIUS ARC LENGTH TANGENT CHORD LEN C1 20'57'23' 2252.00' 823.69 416.50' C2 29'18'43' 1321.72' 819.11' C3 1-28'32' 676.18 345.66' 668.83' 5629.58' 144.97 72,49' C4 94'51'02' 380.00' 144.97' C5 17'36'23' 629.07 413.61' S59.66' C6 1000.00' 307.29 6'IS'12' S629.58' 154.87' 306.08' C7 12'53'54- 614.43 307,52 614,12' 5629.58' 1267.32 636.35' 1264.65' GTH CHORD BEARING L L N 50'20'03- E S 15'56'51' E S 00'33'13- E S 11'39'40' W 1 1 ` i JAN 2 2 2001 N 50'17'00' E 1 S 04.13'45' W S 18'33'51- W 1 1 \1 z o o v o com ^ w m0. W W mo �01 A ^u q Z o-� a: <cr CZ Q H ¢ Q �z — cna= Z Q> Q w Z 0 O iLLF-Z Ur 0 lu :D Z Z 2C]O 1 iv D— zLU cc w O LL F- h I- w cy W = T v� t� O AREA TABULATIONS- ''�— z o ZONING AREA rt1 37 R-o J- %%' RT. 37 R-O-W DEDICA�pI i C�j i, DEDICATION I a c o cn �/ /, ` ♦♦ ♦ ♦ ♦194,5♦9♦♦♦ ♦♦ ♦. ♦♦ ♦. N♦44'(0,18�'118,..EM_1 79.03 AC. ♦ ♦ ♦ RT. 37 MAINLINE os"E a .o❑ P` CORRIDOR59.65 AC. . a woT • ♦ / ♦ .. .... .. R-o-w y �' ` ♦ ` ` ` ` ` ` ` ` ` ` ` ` DEDICATION RIGHT-OF-WAY ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ -v ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦♦ ♦ ♦` ♦ a a TOTAL AREA = �o" RESERVATION �♦ 138 . 68 AC / / .� 2` ♦ N7s'36'sD"w ♦ ♦ ♦ ♦ ♦ `� `♦ � ♦ TAX MAP N 43 A 98 Coo 'Gw \ n' VIRGINIA APPLE STORAGE M-1 - / ♦`\` ♦♦ `` ` \` ♦` `` ♦m �+ C INSTRUMENT 200411262 TAX MAP d 43 A gg `♦ `♦ `♦ ♦♦ `♦ ♦ `♦v / VDOT 55.45 AC. C. ROBERT SOLENBERGER, `♦ `♦ ` `♦ ♦♦ ` Z c \ RIGHT-OF-WAY 542'18'30"W JOHN B. SCHROTH AND y U J RESERVATION 1895.3fi• JOHN S. T 04001 I1 = 09 � - �I INSTRUMENT 040017164 _ \` `♦ `♦ `♦`♦ ` M hliy W 1285..115 `♦` `♦ `♦ `♦♦ ` 60. ,tom N42' 057.3E I I M-1 _ N30'36�X2 /" 1057.31' TAX MAP y 43 A 100 It�y. 123.58 AC. S27'S4'00'W /d36.5 RUTHERFORD FARM, LLC ^I t� I N42 1B"}9'� 47.83' 4' INSTRUMENT 050006702 ��ii N42 Ia' D"{-^_ T-957.�! o . 290.2600 W I RT. 37 ALIGNMENT Z U / \\\ 59.65 AC. _ p.e. -74__ I AS PROVIDED BY U) m (D _ - C ED�S�N CO. _ I 7 C6 I FREOERICK Vi Z N Z \ PpTOMA-� I N71'O6'49"E FEMA COUNTY PLANNING (� 0 N47.55'33iyY \ _ �� 1 �i 1194.41' DEPARTMENT m Z ; 270.92' \+' _ _ I 7 N27'08'0�"E PROPERT CC _ _ " = 69.59 LINE 0 O - = L /� _ '-�� Nat I8'30"E ' a I = N 381 71 x v_~J Z o W C7 0 TAX MAP a 43 A 99 p C. ROBERT CHROT ERCD / Q 0 (W U JOHN B. SCCULLY IV ,J Y +" JOHN S. SCULLY, IV _Z O J U WSTRUMENT 040017164 Lu Z Q - p 7Fg i S �3. I I 538'Ol'07"w B gg' I O cc Z Q C 0) U. I `r � 0)_C 3 J;,t.! 2 2 200; _ a �� o N29 '52 W 963 47 C.)t` E O O N S N Of Y a N CURVE TABLE I Ly z o NUMBER DELTA RADIUS ARC LENGTH TANGENT CHORD I a I I � C1 1'28'32•' LENGTH CHORD BEARING - " - u C2 5629.58' 144.97 72.49' 144.97' N ° o29'18'43" 1321.72' 676.18 S 00'33'13" Ea C3 20'57'23" 2252.00' 823.69 345.66' 668.83' S 15'S6'S1" E 416.50' 400 200 0 400 800 C4 6'15'12" 5629,58' 614.43 614.17 N 50'20'03" E ��.�� 200 C5 12'S3'S4" 5629.58' 1267.32 307.52' 614.12' S 04'13'45" W Ld NN C6 43'S8'47" SOO.OU' 383.80 636.35' 1264.65' S 18'33'S1" W GRAPHICAL SCALE: t" = 400' = 120225-NVRetoilO01-WinchesterOExhpPROPOSED ZONINGI EXHIEiIT.dwg 4JOn 22 2007 4907'26" E (n 0 0 u Y SMItCc Tq�Oy9C. U. ��grm�►ss�, FREDERICK COUNTY SANITATION AUTHORITY Post office Box 1877 Winchester Virginia 22604-8377 April 5, 2017 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Application Comment Rutherford Crossing Tax Map Number: 43-A-99 49.23 acres Dear Mr. Wyatt: PH (540) 868-1061 Fax (540) 868-1429 ir«w.fcsa-water.com Brie R. Lawrence 13xecutive Director Thank you for the opportunity to offer review comments on the Rutherford Crossing rezoning application package, dated March 7, 2017. The Frederick County Sanitation Authority (FCSA) offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. It is requested that the application offer clarification on the applicability of the rezoning application. The application's Impact Analysis Statement indicates a 22.16 acre rezoning, yet the application's Proffer Statement indicates a 49.23 acre rezoning. The below comments are offered based on a 22.16 acre rezoning and its projected 16,620 GPD demand for water and sewer service. The project parcel is in the sewer and water service area (SWSA) and in an area presently served by FCSA. As noted in the project's Impact Analysis Statement, the SWSA enables access to public water and sewer service by county policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system 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 1YATER°S WORTH IT 9 i Page 2 RE: Rutherford Crossing Mr. Evan Wyatt April 5, 2017 conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. Also notable is that the property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the as presented rezoning proposal. Thank you for the opportunity to offer review comments. Sincerely, i Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Fee Amount Paid $t o3, a I CP Zoning Amendment Number 0 3' 17 Date Received S 1c, I "1 PC Hearing Date �� 1 I 'I BOS Hearing Date 9 1 ;L l The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: C. Robert Solenberger, Et.als. Address: 114 North Cameron Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt 4. Property Information: Telephone: (540) 662-4185 Telephone: (540) 327-2114 Telephone: (540) 662-4185 a. Property Identification Number(s): 43-A-99 b. Total acreage to be rezoned: 22.16t-acre portion of the 49.23t acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 22.16t-acre portion of the 49.23t acre parcel d. Current zoning designation(s) and acreage(s) in each designation: M-1 Light Industrial District 49.23t acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 Business General District 22.16t-acres; M-1 Light Industrial District 27.07t acres f. Magisterial District(s): Stonewall Magisterial District 12 • 5. 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 Plat depicting exact meets and bounds for the proposed zoning district _ ✓ _ Digital copies (pdf's) of all submitted d0CI_1111CntS, maps and exhibits _ ✓ _ 6. The Code of Virginia allows its to request full disclosure of ownership in relation to rezoning applications. Please list below all ownci-s or parties In Interest of the land to be rezoned: C. Robert Solenberger John B. Schroth John C. Scully, IV 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Exhibit and Adjoining Property Owner Table 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, Lising road names and I.OUte 111.1mbus): Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center 13 0 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family 110111CS: N/A TOwnliome: N/A MUltl-Family: N/A Non -Residential Lots: TBD Mobile Home: N/A Hotel Rooms: TBC Square Footage of Proposed Uses Office: TBD Service Station: N/A Retail: TBD ManUfaClUring: N/A Restaurant: TBD Warehouse: N/A Commercial: TBD Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning Ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): r C"ner Ownel(s). IS Date: 3 % Date: �/- Date: LL)— Date: �/ RUTHERFORD CROSSING, TAX MAP 43-A-99 REZONING ADJOINING PROPERTIES LISTING Tax Map Nu]VMIRGINIASTORAGE Mailing Address City and State ZIP Acreage Zoning 43 A 98ORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER, VA 22601 19.21 M1 43 A 98ASTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS, VA 23834 8.88 M1 43 A 99ACOUNTY SANITATION, AUTHORITY 107 N KENT Sf WINCHESTER, VA 22601 0.07 Ml 43 A 100FD FARM LLC, C/O NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA, VA 22182 5.44 82 43 A 100AME CENTERS INC 1000 LOWES BLVD MOORESVILLE, NC 28117 12.88 B2 43 A 103 NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 0.88 RP 43 A 70S RISSLER THOMAS W, RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER, VA 22603 1 RP 43 A 106 LEE RONALD A, LEE MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 226031 0.87 RP 43 A 107 MCQUAIN CLIFFORD D ETALS, C/O GARY MCQUAIN 1211 AIRPORT RD WINCHESTER, VA 226021 1.75 RP 43 A 108 BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER, VA 226031 1.5 RP 43 A 111 COWPERWOOD FEMA LLC, C/O HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON, TX 770251 17.1 M1 43 A 112E IDEHAVEN CHARLES S 1R 2075 MARTINSBURG PIKE WINCHESTER, VA 22603 8.64 RA 43 21 6 C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 20.87 M2 43 21 9B C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 2.04 M2 43C 1 A MESSICK ROY R, MESSICK NANCY L 1897 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 43C 1 B BML LC 112 LAUNCHRIS DR WINCHESTER, VA 22602 0.2 RP 43C 1 D MOORE MICHAELA 1927 MARTINSBURG PIKE WINCHESTER, VA 22603 0.19 RP SOURCE: FREDERICK COUNTY GIS, FEBRUARY 2017 SORTED BY TAX MAP NUMBER • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) C. Robert Solenberger (Phone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: 99 Section: do hereby make, constitute and appoint: (Name) Greenway Engineering Subdivision: (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 144 day of Wz; , 20 17, Signature(s) ✓G�// U State of Virginia, City/C-(t of , To -wit: I, c.Z,%Y ��iCiL�� Gp , a Notary Public in and for the jurisdiction certi that the erson s who signed to the fore oin instrument personally appearedbeforerf fY p () g g g P Y pp r � . acknowledged the same before me in the jurisdiction aforesaid this f day of J. , ZOk �oT01 , Ay My Commission Expires: Notary Public VA& A Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) John B. Schroth (Phone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: ss Section: Subdivision: do hereby make, constitute and appoint: (blame) Greenway Engineering (Phone) (540) 662-4165 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: � Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof,,IAI (we) have hereto set my (our) hand and seal this /e,-f day of , 20 , Signature(s) State of Virginia, City/Gott of t1 C To -wit: 1, Aa ;_ �� �� Z 0 --cZ , a Notary Public in and for the jurisdict' certify that the person(s) who signed to the foregoing instrument personally appeared bef ��Yf acknowledged the same before me in the jurisdiction aforesaid this �> r day of /lic 1 , 2 f•'%� A:L {�_P )Y,1°( My Commission Expires: 3 - 3/- Notary Public -A�'+� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) John C. Scully, IV (Phone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: 99 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4165 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have It eto se y R) nd d seal this Ist day of ,.' w > , 20_e,,2, Signature(s) State of Virginia, ity/C- mty of �'�/ � C /W -c; 244, , To -wit: I, c a Notary Public in and for the jurisdiction of c G' �'(� rY J certify that the person(s) who signed to the foregoing instrument personally appeared before,me'. i acknowledged the same before me in the jurisdiction aforesaid this j`:;� day of, 20`' PNY 4 'Y'Cc My Commission Expires: 3/ - Z Notary Publi0,7r- iw Action: PLANNING COMMISSION: June 7, 2017 BOARD Or SUPERVISORS: July 12, 2017 AMENDMENT Recommended Approval - ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAI) REZONING #03-17 RUTHERFORD CROSSING WHEREAS, REZONING #03-17 Rutherford Crossing, Submitted by Greenway Engineering, to rezone 22.16 acres from M I (Light In(Iustrial) District to the B2 (General Iusiness) District with proffers and 27.07 acres of land zoned M I (Light In(fustrial) District with proffers to the M I (Light hufustrial) District with revised proffers with a final revision date of April 19, 2017 was considered. The subject property fronts on the southeast side of Market Street and the north side OfMilton Ray Drive within the Rutherford Crossing Development, in the Stonewall Magisterial District and is identified by Property Identification No. 43-A-99; and WHEREAS, the Planning Commission held a public hearing oil this I'CZ011lllg Oil June 7, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning On July 12, 2017; and WHEREAS, the Frederick County Board Of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, I3E IT ORDAINED by the Frederick County Board Of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 22.16 acres from M 1 (Light In(Iustrial) District to the B2 (General Business) District with proffers and 27.07 acres Of land zoned M I (Light Industrial) District with proffers to the M I (Light 1nduSt'ial) District with revised proffers with a Final revision date ofApril 19, 2017. rile C011diti011S VOIl111ta1'11y 1)1'0ffCI'CCI ill writing by the Applicant and the Property Owner is attached. PDRes 927-17 -2- This ordinance shall be in effect on the date of adoption. Passed this 12th day of July, 2017 by the following recorded vote: Charles S. Del-laven, Jr., Chairman Gary A. Lofton Bill M. Ewing Robert W. Wells Gene E. Fisher Judith McCann -Slaughter Blaine 1". Dunn A COPY ATTEST Kris C. Tierney, Interim Frederick County Administrator PDRes #27-17 0 • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development of the subject property can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4t1i edition). The projected commercial development yield for the subject property is 122,000 square feet; therefore, solid waste disposal impacts are based on the following calculations: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 122 (122,000 sq. ft./1,000 sq. ft.) AAV = 658.8 cu. yd, at build -out, or 461.16 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 461.16 tons of solid waste annually on average. This represents a 0.23% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this project to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Rutherford's Farm (#34-727) as a potentially significant property. However, the Survey does not identify the property as potentially qualifying for the national or state register of historic, nor does the survey identify the property as being a component of a potential historic district. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the subject property as being located within the Second Winchester study area boundary; however, the property is not located within close proximity of the Second Winchester core battlefield area boundary. The Final report identifies the land within the study area boundary that is located in the northeastern quadrant of Interstate 81 Exit 317 as having lost integrity due to the existing commercial and residential land use development patterns; as well as the construction of Interstate 81. The Proffer Statement that was approved as part of RZ #17-06 committed to the development of an interpretive sign viewing area that included three interpretive plaques, picnic tables and landscaping. This public viewing area has been developed and is accessible by vehicle and pedestrian connections; therefore, the property owners have complied with the proffers deemed appropriate to address the historic significance of this property. File 112795J/ Impact Analysis Slalcment/EAW 10 Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning OTHER POTENTIAL IMPACTS Commercial development located on the 22.161-acre portion Of the subject property proposed for B-2, Business General District rezoning will provide new economic development opportuniticS for Frederick County. The County recognizes that commercial development provides a positive fiscal impact for the community and for County Capital Facilities. The development of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contribution of $0. 10 per developed primary StRICtUI'C square footage t0 the COUnty to provide additional revenues that are specifically directed to fire and rescue services. Thcrc are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to Surrounding propertieS Or to the County from the 1,CZ011111g alld development Of the 22.16±-ac1'C portion OI the SL1bjcct property. File It27951/ Impact Analysis Slalement/EAW .�• r r� � 1 y �• V —Not � � �w ♦ • .• �' QV sae � OZ � Z o �w gg�: ff Urn w U. C±,kA = Q w a r Z I • a K a Z r - �XLU � J o y �r f4 , ,. �PQ i `. o Q Z `v Ir ` //��� 4. R+ i t o f J Leaend •K rf ` 4'F4 f y 1, ` v t z a w �. •7' icy\ y Feet w Portion of 43 A-99 To Be Rezoned i� +� •' 91r y `f ^, \ f� O p LL q Parcel Boundary \ ,y.✓ 1 , •�_ *� �• s? �/l�lr �< �ti - �,� 400 0 400 w �' w '.Arqny GengraplOLgnfcvmatgn Na:wwk 1vGyNl N Sowc.rr•n., yy D­yw GiS D•p.Nrrt1. 2016DW.S9t514r•IVMbs Co.,nn (vCNNNITAn i, r o I �V/�prmpa.n...7^• �'KW.suwn•s.� LOCATION MAP v�r Parch Fit ..._, 43-A-99 / w 1 N C. H E r S T E R �JESSICA1NJ / Portion of 43-A-99 To Be Reioned Pai Boundary •ederick County Zoning B2 (Business, General Dlstnst) B3 (Business, Industrial Transition District) ,f Mt (Industrial, Light District) M2 (Industrial, General District) OM (Office - Manufacturing Park) R4 (Residential, Planned Community District) RA (Rural Area District) RP (Residential. Performance District) wP 0w Soun:e FnOe - County. w GIs Daournw t 20, 6 Dw 0 a zZ to o Z OCw O tz C a Urn U O ci� O cr J OALL o CrV Q H2 z_ �x z X ;5 O N ty reas OR LIMIT OF STUDY\ Redbud Run — CLENTAV<BER ROAD 745000 M KENTMERE A 746000 M STONECRESTQ COURT 1 STONEBRAKE LANE PARSON RAILROAD N 747000 M LIMIT OF x A MAP SCALE 1- = 1000' 500 c 2000 �FE! 4347000 M • I PANEL OI100 FIRM bp��r y = FLOOD INSURANCE RATE YAP FREDERICK COUNTY, Z X m s , VIRGINIA p AND INCORMRATED AREAS PANEL 210 OF 375 e A sf( Yv u/0Ex <w rew PANEL urp - y 4WOCI: NURSERY <`�•"" ^-� LANE �IIII ==.r'„` ::'.°,''' • YAP 9CO21ER slos9coiloo d� EFFECTIVE DATE A XI Mr SEPTEYBER 2. , 14 o►�-y - 4 t� LV 4345000 M 746000 M w...wo� ww NrN.r wwa <wrs< �- ��Fptfi yH 34-1448 CNvMfl+r.MCKo+arn Houaa 34-102 wooetwm / In bPy o° qp Tiff C� o IHsiµ �1 Q 4.7 A 99 (Portion Not To Be Razonad( g0 N � \'r C Q~ Cg0. ti � U' k ' N 0 rn (n w 0� H� Stephensons Depot Battlefield 34-703 Heim -McCann Pr OP ty a w � v LL U 11 wQ w ast 6 r�1 cr 2 P� eP. i \4 34-727 Rutherford's Farm Z D 4 H r U h: N In ry' N Q A W a mo oF�e w c v� ROC W N z 4 01� F6 uLL q)0u x-112 Cww- Hardesty HOLD"C o J o w wU g Y J ¢ w < w sst 8 u = 3 0 _- H ua -� cr Feet o u. 4 700 0 700 w In R � O AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 - Recommended Denial BOARD OF SUPERVISORS: January 24, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 17-06 OF RUTHERFORD CROSSING WHEREAS, Rezoning #17-06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and (Martinsburg Pike (Route 1 1) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43-A-99 and 43-A-100. An additional property to be subject to proffers, but not to be rezoned, is identified by Property Identification Number 43-A-98. This property is located east of Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike (Route 11) in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 24, 2007; 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 change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #09-07 0 • This ordinance shall be in effect on the date of adoption. Passed this 24th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gaiy Dove Gene E. Fisher Philip A. Lemieux PDRes. 1#09-07 Aye Barbara E. Van Osten Aye Aye Bill A Ewing Aye Aye Charles S. Del-Iaven, Jr. Aye I\' a t, A COPY ATTEST i Jol Ziley, . Frederick County Administrator Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 t jli l,,I 2 Revised January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) REZONING: RZ# 17-06 B-3, Industrial Transition District (22.45±acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-99 (here -in after the "Applicant") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 ("the 2004 Proffer Statement") REVISION DATE: January 17, 2007 ("the 2006 Proffer- Statement") Recitals WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, 0 • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43-((A))-111. Preliminary Matters A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) 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 Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 17-06 for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-100 from B-3, Industrial Transition District to B-2, Business General District and a 8.55±-acre portion of Tax Parcel 43-((A))-99 from M-1, Light Industrial District to B-2 Business General District, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Overlay District ➢ 138.68± acres of IA, hiterstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. Ili the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, hic., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007 (see attached Zoning Exhibit `B"). 2 0 • Greemvay Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 PROFFER STATEMENT A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby proffer that the following land uses shall not be permitted on the B-2, Business General District portion of the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B-2, Business General District portion of the Property) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of MartiIlsburg Pike (U.S. Route I I North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. 3 Greemvay Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the hnterstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 1 1 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing Interstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to tile installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-in/right-out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners no later than December 31, 2007. 4 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revisal November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised Jarmary 17, 2007 3.) Right of Way Dedication and Reservation a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004, In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study), hi the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right-of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located within the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((A))-99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), hereby agrees to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-fool wide Route 37 corridor on Tax Parcel #43-((A))-98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Pat -cc] #43-((A))-98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 4.) Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43-((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43-((A))-III that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. • 0 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel 443-((A))-100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route I 1 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: 7 a 0 Grccnway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 ➢ The Second Battle of Winchester ➢ The Battle of Rutherford's Farm ➢ The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 2.) Landscaping The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. This landscape casement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" 8 REZONING APPLICATION #03-17 RUTHERFORD CROSSING Staff Report for the Planning Commission Prepared: May 25, 2017 Staff Contact: Candice E. Perkins, A1CP, CZA, Assistant Director Reviewed Action Planning Commission: 06/07/ 17 Pending Board of Supervisors: 07/12/17 Pending PROPOSAL: To rezone 22.16+/- acres from the M 1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned M 1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR 111 F 06/07/17 PLANNING COMMISSION MEETING: This is an application to rezone a total of 49.23 acres of land from the M 1 District to the B2 and M 1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M 1 District with proffers to the B2 District with proffers and 27.07 acres from the M 1 District to the M 1 District with revised proffers. The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M 1 zoning designation. The property was originally zoned to the M 1 District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sfbuilding cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. .4 recommendation regarding this rezoning application to lire Board of Supervisors would be appropriate The 9pplicant should be prepared to adequateir address all concerns raised by the Planning Commission. Rezoning 1103-17 Rutherford Crossing May 25, 2017 Pa(,e 2 This report is prepared by the Frederick County Planning Stuff to provide information to the Planning Commission and the Board of'Supervisors to assist them in making a decision on this application. It mqj, also he useful to others interested in this zoning matter. Unresolved issiles concerning this !lppltcatlon are noted hj, staff where relevant throughout this staff'report. Reviewed Action Planning Commission: 06/07/17 Pending Board of Supervisors: 07/12/17 Pending PROPOSAL: To rezone 22.16+/- acres from the M 1 (Light In(Iustrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned M 1 (Light Industrial) District with proffers to the M 1 (Light Industrial) District with revised proffers. LOCATION: The subject property fronts on the southeast side of Markct Street and the north side of Milton Ray Drive within the Rutlierlord Crossing Development. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-99 PROPERTY ZONING: M 1 (Light Industrial) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: Nortli: M2 (hidustrial General) Use: Vacant RA (Rural Areas) Use: Residential Soutli: RP (Residential Performance) Use: Residential B2 (General Business) Commercial M I (Light Industrial) Office/Vacant East: RA (Rural Areas) Use: Residential M I (Light Industrial) Office M2 (Industrial General) Use: Vacant West: M 1 (Liglit Industrial) Use: Vacant B2 (General Business) Commercial • Rezoning 03-17 Rutherford Crossing May 25, 2017 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: A VDOT review has been completed on the RLltllerford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers Offered in this rezoning application. Frederick County Fire Marshall: Plan approved. Frederick County Sanitation Authority: Pleasesee letterfiwm laic R. Lawrence, AICP, Executive Director dated April 5, 2017. Frederick County Department of Public Works: Upon review of the subject rezoning request, we offer the following comments: • A comprehensive review of stornlwatcr management, erosion and sediment control, site grading, ctc. will be performed at the tinge of site plan review. • Any proposed disturbance of' wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state, or local environmental permits shall be submitted at the time of land disturbance application. As part of the original Rutherford Crossing Development, off -site improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owners and Frederick County Staff to ensure the channel improvements are functioning as designed and constructed. During this inspection, we Nvant to ensure no Croslon and degradation of the channel is OCCLir611g. If it's determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design reduirenlents shall comply with Frederick County Chapter 143 and VADEQ requirements. We offer no additional comments. We recommend approval of the subject rezoning. Frederick County Attorney: The proffer statement dated April 19, 2017 is legally sufficient as a proffer statement. Cfh' of Winchester: The City of Winchester has no comments as water and sewer is provided by the F.C.S.A. Plannine, & ZoniI1�?: 1) Site History On April 22, 2002 the County approved Rezoning 1107-01 which rezoned 113 acres from the RA (Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M 1 (Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP District to the B2 (General Business) District, rezoned 14.5 acres fi•om the RA District to the B3 (Industrial Transition) District with proffers (including an IA Interstate Area Overlay). Rezoning 1103-17 Rutherford Crossing May 25. 2017 Pagc 4 On July 14, 2004 the County approved Rezoning #06-04 which rezoned 13.4 acres fi-om the RA (Rural Areas) District, the B2 (General Business) District, the B3 (Industrial Transition) District and the M1 (Light Industrial) District to the B2 and B3 Districts with proffers. This was a reconfiguration of 12.65 acres that was part of Rezoning #07-01, plus the rezoning of .75 adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward to Rezoning #06-04. On January 24, 2007 the County approved Rezoning #17-06 which rezoned a portion of the property to the B2 District and also updated the proffers for the remainder of the site which totaled 138.6 acres (minus the FEMA property). 2) Comprehensive Police Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject property is located within the Sewer and Water Service Area (SWSA) and is located within the limits of. the Northeast Land Use Plan of' the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning of the subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located on the northwestern side of the W&W Railroad Line, will retain the existing M I zoning designation. Environmental Features It should be noted that approximately 95% of the property located on the northwestern side of the W&W Railroad Line (tile retained M 1 area) is within the Hiatt Run floodplain. A portion of the subject property proposed to be rezoned to the B2 District also contains floodplain. Transportation and Sile Access The subject property has fi-ontage on both Milton Ray Drive and Market Street; access will be cletermincd in the fixture at the site plan stage. 0 • Rezoning 1103-17 Rutherford Crossing May 25, 2017 Page 5 The proffers associated with this rezoning are consistent with the obligations entered into with the 2006 proffer statement for this property. Specifically, the proffer statement continues to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owners shall prepare and submit the plat for the dedication within 90 days of request by the County. The proffer statement also continues to require a Transportation Impact Analysis (TIA) for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Owners have proffered that the improvements demonstrated by the TIA shall be included in the site plan design for the development application. All other transportation improvements identified in the 2006 proffer statement have been completed. 3) Proffer Statement — Dated March 7, 2017, Revised April 19, 2017: A. RZ #17-06 Proffer Statement: • The Owners recognize that parcel 43-A-99 was one of three parcels covered under Rezoning #17-06. The Owners recognize that the 2006 rezoning established a limit of 1,245,000 square feet of total building structural area and limited the site to three Interstate Overlay signs. The Owners agree that future development activities within the property will be subject to these limitations. ■ Strrf f Note: The site is eurrently approved for 430, 795 .f � s o .f structrtral area (includes constructed and approved totals). B. Transportation Enhancements: • Proffer to dedicate the land area within the property for the 350 foot wide Route 37 corridor and the interchange ramp access area. The Owner shall prepare and submit the plat for the dedication witliin 90 clays of request by the County. • The Owner proffer to submit a Transportation Impact Analysis (TIA) for future site plans proposed for the property that exceed 26,652 ADT as calculated for land developed within the total acreage of Parcels 43-A-98, 43-A-99 and 43-A-100 (as they existed when approved with Rezoning # 17-06). The Owners proffer that the improvements delionst•atecl by the TIA shall be inelucled in the site plan design for the development application. ■ Staff Note: As outlinedin the Applicant's Impaet Analysis, the cnr'rentprofect volrnne from the site for all constructed and approved development totals 24,095 ADT. C. Property Development Requirements: • Monetary Contribution of $0.10 per developed primary structural square foot for Fire and Rescue. • Prohibited Use — Truck Stops (SIC 5541) Rezoning /103-17 Rutherford Crossing May 25. 2017 Pave 6 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/07/17 PLANNING COMMISSION MEETING: This is an application to rezone a total of 49.23 acres of land from the M I District to the B2 and M 1 Districts with proffers; specifically the application seeks to rezone 22.16 acres from the M 1 District with proffers to the B2 District with proffers and 27.07 acres from the M 1 District to the M 1 District with revised proffers. The subject property is located within the Sewcr and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current zoning Of t11e subject property. Staff would note that the property is adjacent to commercial zoning B2 (General Business) on two sides and residential zoning RP (Residential Performance) on one side. Therefore, the request for a portion of the property to be rezoned to the B2 (General Business) District could be acceptable. The remainder of the site, which is located the northwestern side of the W&W Railroad Line, will retain the existing M 1 zoning designation. The property was originally zoned to the M 1 District in 2001 and revised in 2004 and 2007. The proffers associated with this rezoning are constant with the obligations entered into with the original rezoning. Specifically, the application still accounts for the 1,245,000 sfbuilding cap, the dedication of Route 37, and the regUll-C111ent of a Transportation Impact Analysis f01- future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. The Applicant has also provided a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. REZ # 03 - 17 Rutherford Crossing PIN: 43-A-99 Rezoning from M1 to B2/M1 with revised proffers Zoning Map WN RC MIRACLE y. WAY ' L70 w ���'� 7ARSQh . WWW.RD • OWN R: LTOWN RD PARSON Cl �52WN. ELLTOWN RD 'LLiOWN RD Erg �.�.• - 4EU TO. 1ELLTO/ 'WWN RD �. WEU V RC n, aWN IS6, IMP-^LLiOWNRD .r..:Y W: 660., IOWN i MA RTINSRUR �1'962.��rr tiLl- ti.' 1974. eI REZ#03 - 17 Rutherford Crossing 11.F 43-A-99 Rezoning from M1 to B2/M1 with revised proffers Location Map WN.RD SOWN RO . tat • WORD of �4 SOWN RD ' rs N 139 ►ARSONci LLTOWN RD 43 A 99 r'v'1: _ p DQVWEWOWN'RD >r1iC x rr NEu7owN AD I%- .,r RD �156 � ' + • MEUTOWN RC C N R#444 Y \ YEUTOWN RC N RD •'416 NN RC a - TOWN R: C5)61 4 N A 4�19ab� MARTII • / MIiKE' I94 i MARTINSRURG �9S7A IIKE NMARTINSRI 195� � KE MARTINSRURG ►IKE�`. MARTINSBURG 4 ►IKE� • I907 1927 �M•ARTINSB IRG AIARTINSRU \- •IB97 PIKE IIKE ' 207 M EBERTRD�,i� EBER / - PI 2135 6MARTINSI MA RTINSRUI 1962+ 11 Tv u�RnwsauRr I974, iJ� ei i kj 61 REZ#03-17 Rutherford Crossing PIN: 43-A-99 Rezoning from M1 to B2/M1 with revised proffers Long Range Land Use Map WN RD WAY r�r REI A03- lt7 e1 r�! • IMPACT ANALYSIS STATI RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia March 7, 2017 Current Owner: C. Robert Solenberger; John B. SchrotIt & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering. Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning RUTHERFORD CROSSING REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 22.161-acrc portion of a 49.231 acre subject property owned by C. Robert Solenberger, John B. Schroth and John S. Sully, IV and identified as Tax Map Parcel 43-A-99. The Subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center, and is currently zoned M-1, Light Industrial District. The Applicant proposes to rezone the 22.161-acre portion of the 49.23± acrc subject property that is located on the east side of the Winchester and Western Railroad to B-2 BllSincss General District with proffers to allow for commercial and retail development that is consistent with other commercial and retail businesses located within the Rutherford Crossing Commercial Center. Basiclnforgiatloll Location: Fronting oil the SOUthCaSt side of Market Strecl and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. Magisterial District: Stonewall District Property ID Numbers: 43-A-99 Current Zoning: M-1, Light Industrial District (49.231 acres) Current Use: Undeveloped Proposed Zoning: B-2, Busincss General District (22.16±= acres) M-1, Light Industrial District (27.071 acres) Proposed Use: Total Rezoning Area: File 112795// Impact Analysis Slatemenl/EAW B-2 District - Commercial & Retail M-1 District — Undeveloped (Floodplain) 22.161 acres of the 49.231-acrc subject properly • • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is Cncolu-ageCI in the County. The 49.231 acrC Subjcct property is currently 1OCatCd OutsidC Of the UDA; however, expansion of the UDA boundary to accommodate the proposed development Of commercial land use is not required for this rezoning application. Sewer and Water Service Arca The Scxvcr and Water Service Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas Of the County in which Commercial and industrial land use Cfeve101mIent is only desired. The 49.231 acre subject property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development Of Commercial land use is not required for this rezoning application. Comprehensive Plan Conformity The 49.23± acre subject property is located in the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies existing and future land use, transportation networks, and Other matters that are recon-Imcnded for consideration COI- fUtUl-C land Use and development within this geographic area Of the County. The 49.231 ICI'C Subject property subject property is identified for industrial land use. The 22.161-acre portion Of the subject properly proposed for 13-2, Business General District rezoning is the only remaining land area located on the cast side of the Winchester & Western Railroad. This portion Of the subject property is bound by commercial, retail, restaurant and Office land use. The depth Of the 22.161-acre portion Of the Subjcct property proposed for B-2, Business General District rezoning is approximately 350', which is more condlIC1VC Im- commercial, retail and restaurant land Use than industrial land use. These factors demonstrate that the 22.161-acre portion of the subject property proposed for B-2, BLISiness General District rezoning 1S consistent with existing and flltlll-C commercial land use development and 1S consistent with good planning practice in determining conformity to the Comprehensive Plan. SUITABILITY Or THE SITE Access The 22.161-acre portion Of the subject property proposed for B-2, BLISincss General District rezoning is located On the southeast side of Markel Street (Route 1621) and the north side Of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. Future Pile #2795J/ Impact Analysis SlatemenUEAW 3 U • Greemcay Engineering March 7, 2017 Rutherford Crossing Rezoning development of the subject property can be accommodated by the existing street systems within the commercial center. Flood Plains The 49.23± acre subject property contains areas of floodplain associated with Hiatt Run. Approximately 95% of the subject property located on the west side of the Winchester and Western Railroad is located within floodplain. A portion of subject property located on the cast side of the Winchester and Western Railroad proposed for B-2, Business General District rezoning is located within floodplain. The location of floodplain associated with the subject property is demonstrated on FEMA NFIP Map #51069CO210D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database dcmonstratcd on the Environmental Features Map Exhibit. Wetlands The 49.23± acre subject property contains wetland areas associated with Hiatt Run. The National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database does not identify wetlands areas on the 22.161-acre portion of the subject property proposed for- B-2, Business General District rezoning. However, a wetlands delineation report will be prepared for the subject property prior to commercial development activities to ensure that this environmental feature is identified and confirmed by the USAGE. Soil Types The 49.231 acre subject property contains four soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 513: Carbo Silt Loams 2-7% slope 6C & 7C: Carbo-Oaklet Silt Loams 2-15% slope 14B & 16C: Frederick-Poplimento Silt Loams 2-15`%t slope 3213: Oaklet Silt Loams 2-7% slope The Carbo Silt Loams and the Frederick-Poplimento Silt Loams 2-7% slope are identified as prime agricultural soils. All soil types are identified as moderate to severe for the development of small commercial buildings due to shrink -swell properties. The soil types on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning are consistent with developed areas in the Rutherford Crossing Commercial Center and the FEMA Office site; therefore, it is not anticipated that soils conditions will be a constraint for development of the subject property. Other Environmental Features The 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning does not contain areas of steep slope, lakes or ponds or natural stormwater retention File O,2795J/ Impact Analysis StatemenUEAW 4 • • Greemcay Engineering March 7, 2017 Rutherford Crossing Rezoning areas as defined by the Frederick County Zoning Ordinance. There are no known environmental features present other than those identified above that create development constraints for proposed commercial development on the property. SURROUNDING PROPERTIES Adjoining property Zoning and present use: North: M-2, General Industrial District Use: Undeveloped RA, Rural Areas District Residential South: B-2, Business General District Use: Commercial M-1, Light Industrial District Undeveloped East: RP, Residential Performance District Use: Residential M-1, Light Industrial District Office West: M-2, General Industrial District Use: Undeveloped M-1, Light Industrial District Undeveloped TRANSPORTATION The subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. The 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the east side of the Winchester & Western Railroad and is bound by commercial, retail, restaurant and office land use. The subject property is currently zoned M-1, Light Industrial District and is a component of the Rutherford Crossing land area approved under RZ# 17-06. This rezoning application included a Traffic Impact Analysis that was prepared for the entire 138.861 acres, which included tle subject property. The Traffic Impact Analysis Statement, prepared by Patton, Harris, Rust + Associates dated September 7, 2006 projected various comincl-clal, retail, restaurant and indUstrlal land uses for the entire 138.86i acres approved under RZ# 17-06. The approved Traffic Impact Analysis Statement projected 26,652 ADT for the buildout of Rutherford Crossing. The RZ# 17-06 Proffer Statement included a Transportation Enhancements Section that offered on -site and off -site transportation improvements consistent with the traffic impacts identified by the approved Traffic Impact Analysis Statement. The proffered on -site and off -site transportation improvements have been completed including the following: Installation of traffic signalization and intersection improvements at Martinsburg Pike (U.S. Route 1 1) and Merchant Street (Route 1620). Installation of traffic slgnalizatlon at the southbound on and off ramps at Interstate 81 Exit 317 and Martinsburg Pike (U.S. Route 11). File 112795J/ Impact Analysis StatemenUEAW 0 • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning Installation of traffic signalization at the northbound on -ramp at Interstate 81 Exit 317 and Redbud Road (Route 661). ':• Preparation Of traffic Signal timing analysis for all traffic signals located along Martinsburg Pike (U.S. Route 1 1) between Merchant Street (Route 1620) and Crown Lane. + Construction Of a third SOLIthbOLInd travel lane on Martinsburg Pike (U.S. Route 1 1) front Merchant Street (Route 1620) to the Interstate Exit 317 northbOLIlld On-1'a1111). •:• Construction Of northbound and Southbound tlll'Ll-travc] lanes, right turn lanes and left turn lanes along the Martinsburg Pike (U.S. ROLItC 1 1) property frontage. Construction of Merchant Street (ROLItC 1620) and Market Street (Route 1621) to major collector road standards. Provision of $250,000.00 to Frederick County to assist with additional transportation enhancements within the Martinsblll'g Pike (U.S. ROLItC I I) COl'l'IdOI'. In order to assess the potential traffic impacts for the 22.161-acre portion Of the subject property proposed for B-2, Business General District rezoning, Gi'Ccllway Engineering has analyzed the approved Traffic Impact Analysis for the Rutherford Crossing project and CUrrent project conditions. Greenway Engineering evaluated the projected land use assunlptionS from the Traffic Impact Analysis; evaluated the existing and approved projects within Rutherford Crossing; evaluated the projected traffic impacts from the FEMA Office facility that were not part of the Traffic Impact Analysis; and evaluated the projected land Lise associated with the 22.161-acre portion Of the Subject property proposcCI for B-2, Business General District rezoning. The actual land LISCS, approved project land uses and the projected land uses on the Subject property were evaluated per the ITE Trip Generation Manual 9i1' Edition. The following table provides for the land use square feet projections utilized in the Traffic Impact Analysis and the square feet Of the actual and approved land uses in the Rutherford Crossing project: Rutherford Crossing Project Land Use TIA Lcind Use Projeclions Aclual/Approved Land Use Home lilt l'OVCI11CIItS SLI )CI'StOI'e 117,000 SF 154,000 SF Retail Superstore 127,000 SF 127,000 SF Specialty Retail 187,147 SF 80,975 SF Restaurant 22,500 SF 15,700 SF* File 02795J/ Impact Analysis Slatement/EAW 6 Greemw:ay Engineering March 7, 2017 Rutherford Crossing Rezoning cast rood 4,soo sr s,soo sr Drive -In Bank 4,100 SF 0 SF Industrial 215,000 Sr 0 SF Medical 0 SF 8,450 SF''` Grocery Store 0 SF 36, 170 SF'� Totals: 677,250 SF 430,795 SF Note: ,r includes Red Robin, Valley Health Urgent Care and L1dl Grocery Store GI-cenway Engineering prepared all average daily trip analysis for Rutherford Crossing that included the existing land Uses, the lalld Uses that are Lli1CICl- COI1StRICtion and/or are approved, and the FEMA Office facility that was not a component of the approved Traffic Impact Analysis. The average daily trip volumes were CalCUlated Using the ITE Trip Generation Manual 9t11 Edition, which is the Current dOCLII11Cllt utilized by VDOT. The projected volumes totaled 20,039 ADT for the identified land uses. The projected average daily trip volumes for the 22.16i-acre portion of the Subject property proposed for B-2, Business General District rezoning were calculated asSLlllllllg 122,000 SF of specialty retail land use, totaling 4,056 ADT. Therefore, the combined projected average daily trip volumes for Rutherford Crossing for actual, approved and projected land uses totals 24,095 ADT, which is 2,557 ADT below the projected average daily trip volumes associated With the approved Traffic Impact Analysis. Additionally, the approved Traffic Impact Analysis projected 1,814 average daily trip volumes for 215,000 SF Of industrial land use. No industrial land use has been developed at Ruthcrford Crossing to date; however, the inclusion of the projected industrial vOILlmeS do not exceed the projected 26,652 ADT for the buildout of Rutherford Crossing. The Owners have performed all transportation infi-astructurc inlprovcnlcntS that were identified in the approved RZ #17-06 Proffer Statement. The Owners have provided for transportation proffers for the proposed rezoning application that C011til1LIC the C01111111tillent for right-of-way dedication associated with the Route 37 main line and ramping; and the commitment t0 prepare traffic impact analysis StUdICS Ill C011jtlllCt1011 With future Site Plans that result in average daily trip volumes that exceed the 26,652 ADT volume projected for the buildout of Ruthcrford Crossing. Therefore, the transportation enhancements that have been performed, coupled with the conlillitnlent for right-of-way dedication and ])reparation of additional traffic studies for future land uses within the Subjcct property mitigates transportation impacts associated With this rezoning application. File t,2795J/ Impact Analysis Statement/EAW 7 Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based On County Policy. The Frederick County Sanitation Authority is the provider of public sewer service for the Rutherford Crossing Commercial Center and other propertieS within this area of the County. The Frederick County Sanitation Authority has an existing 8-inch sanitary sewer force main that is located on the 22.161-acre portion Of the Subject property proposed for B-2, Business General District rezoning. There are three 8-inch gravity sewer lines that can be accessed that tic into a 120K GPD sewer pump station that is also located on the Subject property. The 8-inch Salutary SCWCr force main directs SCWCr CffILICilt to a gravity main located on the west side of Interstate 81 near the ROLIIC 7 Interchange, which then directs sewer CfnLlent to a gravity main owned by the Frederick -Winchester Service Authority that connects to the Opequon Wastewater Treatment Facility. Based oil comparable discharge patterils, a projection of 750 gallons/day/acre of commercial development is all appropriate ca1CLllalion for estimating the SCWCr demand for commercial land L1SCS. Q = 750 gallons/day/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD projected sewer demand The sewer computalionS utilized for calculating and pCI-Illittlllg the 120,000 GPD sewer pllillp station included the buildOLIt of Rutherford Crossing (commercial and industrial acreages); as well as the FEMA Office facility. Therefore, future development of the subject property is aCCOLIli1Cd for and call be Served by the 120,000 GPD sewer pump station. The Opequon WBSICwatCI' Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to the Frederick County Sanitation Authority. The Frederick County Sanitation Authority Currently averages approximately 2.63 MGD of the allocated capacity and has approximately 2.845 MGD of allocated capacity available for future development projects. The projected 16,620 GPD for the proposed project represents 0.58% of available treatment capacity; therefore, the proposed rezoning can be Sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The Frederick C011llty Sanitation Authority is the provider of public water service for the Rutherford Crossing Commercial Center and other properties within this area of the County. File tt2795J/ Impact Analysis Stalement/EAW 9 • lJ Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning The Frederick County Sanitation Authority has all existing water transmission line located on the 22.161-acre portion of the subject properly proposed for B-2, Business General District rezoning. The Rutherford Crossing Commercial Center is developed with a series of 8-inch, 10-inch aild 12-inch water lilies that provide a Water line loop for the project area, which are accessible to the subject property. Based on comparable discharge patterns, a projection of 750 gallons/Clay/acre of commercial development is an appropriate calculation for estimating the water demand for commercial land uses. Q = 750 gallons/day/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD projected water demand The Frederick County Sanitation Authority provides potable water from the Northern Water Treatment Plant in this geogI'aphic area of the County. The Northern Water Treatment Plant currently provides a potable Water treatment capacity of three mullion gallons per clay (3 MGD) and is the primary facility serving the subject properly. There are two water transmission lines that provide public water to the Rutherford Crossing Commercial Center including a 20-Bich Water transmission line located along the Winchester and Western Railroad, and a 10-inch water transmission line along Martinsburg Pike that ties into a water transmission line owned by the City of Winchester. The existing water system network serving the subject property provides for adequate capacity, pressure and fire flow. The projected water demands serving the portion of the subject property proposed for B-2, Business General District rezoning represent 0.55% of the available storage capacity at the Northern Water Treatment Plant; therefore, the proposed rezoning can be Sufficiently accommodated by public water service through a system With adequate conveyance, capacity and pressures. SITE DRAINAGE The topographic relief on the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning generally follows a northwestern manner, which directs drainage towards Hiatt Run located along the rear of the property. The Rutherford Crossing Commercial Center Was engineered to Clil'CCt StOI'Il1WatCl' thl'011gh a storm sewer collection system that discharges into a drainage smile located on the subject property. A stormwater drainage casement was stablislled along the limits of the drainage swale, which was recorded by Instrument No. 070011053/0105, Future Coillillereial development on the subject property will have access to this stormwater drainage easement and will direct stormwater to this location. Future commercial Site Plans will include stormwater management plans and erosion and sedimentation control plans that will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and lhC conlillunity will be mitigated. File #2795J/ Impact Analysis Stalement/EAW 9 C� J Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development Of the subiect property call be projected from all average allllllal commercial COI1SLIillpt1011 of 5.4 CLIbic yards per 1,000 square feet Of structural area (Civil Engineering Reference Manual, 4t11 edition). The projected commercial development yield for the subject property is 122,000 square feet; therefore, solid waste disposal impacts are based on the following calculations: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 ell. yd. x 122 (122,000 sq. fl./ 1,000 sq. ft.) AAV = 658.8 Cu. yd. at build -out, or 461.16 tons/yr. at build -out The Municipal Solid Waste area of the Regional Landfill has a Current remaining capacity of 13,100,000 cubic yards of air Space. The projected commercial development will generate approximately 461.16 tons of solid waste allllllally on average. This represents a 0.23% increase in the allllllal solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a Commercial waste hauler; therefore, the County will receive tipping fees associated with this project to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies Rutherford's Farm (#34-727) as a potentially significant property. However, the SUI-vcy does not identify the property as potentially qualifying for the national or state register Of historic, nor does the survey identify the property as being a component Of a potential historic district. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the subject property as being located within the Second Winchester Study area boundary; however, the property is not located within close proximity Of the Second Winchester core battlefield area boundary. The final report identifies the land within the study area boundary that iS located lit the northeastern gUadrallt of Interstate 81 Exit 317 as having lost integrity due to the existing commercial and residential land use development patterns; as well as the COIIStl-L1Cti011 Of Iiterstate 81 . The Proffer Statement that was approved as part of RZ 1/17-06 committed to the development of all interpretive sigh viewing area that i11CiLICICd three interpretive plagLICS, picnic tables and landscaping. This public viewing area has been developed and is accessible by vehicle and pedestrian connections; therefore, the property owners have complied with the proffers deemed appropriate to address the historic significance of this property. File l,2795J/ Impact Analysis Statement/EAw 10 9 • Greemcay Engineering March 7, 2017 Rutherford Crossing Rezoning OTHER POTENTIAL IMPACTS Commercial development located on the 22.161-acre portion of the subject properly proposed for B-2, Business General District rezoning will provide new economic development oppOrtllllitieS for Frederick County. The County recognizes that commercial development provides a positive fiscal impact fOl' the Co111111Ullity and for County Capital Facilities. The development of commercial land use has the potential t0 increase service demands on fire and rescue services; therefore, the Owner's Proffer Statement provides a monetary contriblltloll Of $0. 10 pCr devc1oped primary StrllCtlll'C sClllcll'C footage t0 the C011llty to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above those discussed in this Impact Analysis Statement that would be detrimental to Surrounding 1)1-01)crtieS or to the COullly fl'011l the rezoning and development of the 22.16±-acre portion Of the Subject property. Pile Ii27951/ Impact Analysis Stalcment/EAw IV ` t. (Portlon Not' ' Z '�.. ZZ �u_ O J LL v a Or w a w Q 4. m { `� E� o` '0 3 Legend `;.+ i ,+ \k \ �\ ::. UJ Feet ? a 0 0 ® Portion of 43-A-99 To Be Rezoned ,L ►`V `� \ _� ! /� 4l)l) O 4�U w 1- R f4�;% �'. $ \.. 1, Parcel Boundary , w, cr �rao�Nq�iamrwrt N.!..k iv D.r Sa Fne Ca ft N GSD.oHmn1. 1-,11-1, --Q.— LOCATION MAP Alk I La To B* Rezoned) of 0 B2 (Business, General Distrist) B3 (Business. Industrial Transition District) M1 (Industrial, Light District) uj LU R4 (Residential. 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NMtV./ r1oe0 i..rR. �n`,veC ...,y. v",a. 11� rl.M „ml I.,y .b, • wr"v �v vim... e W �"s ,q A 99 Q7 (Portion Not To Be Rezoned) 6614 �� LV z W I -- cl: W / A Z Z Z 148 320 v3 O Uw n Q �m Q cn _J LLL O w a n =a o D x 16c Q F- O W� 328 Z o z m D Q Z o c� Legend + 5 > Pon— o1 e3-A-99 To Be Rezonea Parcel Bour d v,' - Q\ Q ~ Z OO r, is J� Z o a U W a0 FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES g0 U 16C FREDERICKFOPLIMENTO LOAMS. VERY ROCKY. 7 TO 15 PERCENT SLOPES '� 1�� O cc g 4 320 OAKLET SILT LOAM. 2 TO 7 PERCENT SLOPES - 5H ?A U 3 w0 ry 7 tt Q LL1 W B CARGO SILT LOAM. 2 TO 7 PERCENT SLOPES Feel O O X q 6C CARGO-OAKLET SILT LOAMS. VERY ROCKY, 2 TO 15 PERCENT SLOPES 1w N R - 7C CARBO-OAKLETAOCK OUTCROP COMPI FX 2 TO 15 PFRf FNT St oPES 300 O 300 z "I 7 < � Map Dele Sarre FnMrre Cowry Y GIS DeorIm ( 2016 Dele ,ett FAtR-�N7w2 wtaaa�.lF,.Fn;nuwnrt„�,., PAy T --y NE-RD�I 637 34-102 Wo1`odburn ! 761 34-1447 Irlertz House �P . Z ? O Q T 11tsoN.ct 3 s W 1Pomon Not / W To Be Rezoned) 861 1J 1`�y McCq s r� U' �,y0 �PQ 1 yS Rp or Z Z i JESSICq IN114 til �,rf0 0 Q Step hensons Depot Battlefield 34.703 H.Im McCann Property XO < W \� 11 w a / e O cn w _ P n � o pb (� z arp�� z > 34.727 RuMeAord's Farm N m U L2 y0 40cr Q_ s i �N y G�"' N Z tG • w � } C7 4hJ i af Lewnd SU rn < > ® F'.O n of 11A-99 To Be Rezoned O ��@ < N J 4 Perch Bwway ?� Cm N R/MCP u 30 u CrN War Crry L /Ej` e4`O • y V ]C A G Fort `oD ,/7�� \ ]4.112 Carter -Hardesty House Q or N 4 K J w 8 ®_ w Ret Ldrrrk o� Feet o 0 rrrr Civil War Battlefield ?� pe = R Stephensons Depot 700 0 700 k 1.Yp DMIY S-6 Fr " C—y N G6 Ogrrmrrr. 2016 Dee AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 - Recommended Denial BOARD OF SUPERVISORS: January 24, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 17-06 OF RUTHERFORD CROSSING WHEREAS, Rezoning #17-06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and Martinsburg Pike (Route 1 1) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43-A-99 and 43-A-100. An additional property to be subject to proffers, but not to be rezoned, is identified by Property Identification Number 43-A-98. This property is located east of Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike (Route 11) in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public licaring on this rezoning on December 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 24, 2007; 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 change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M 1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #09-07 s This ordinance shall be in effect on the date of adoption. Passed this 24th day of January, 2007 by the following rccordcd vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. Del-Iaven, Jr. Aye Philip A. Lemieux Nay A COPY ATTEST Johh I . ilcy, , Frederick County Administrator PDRes. 1109-07 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 J/0\11 2 2 Revised January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) REZONING: RZ# 17-06 B-3, Industrial Transition District (22.45± acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-99 (here -in after the "Applicant") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 ("the 2004 Proffer Statement") REVISION DATE: January 17, 2007 ("the 2006 Proffer Statement") Recitals WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, 0 • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43-((A))-111. Preliminary Matters A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) 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 Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 17-06 for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-100 from B-3, hldustrial Transition District to B-2, Business General District and a 8.55±-acre portion of Tax Parcel 43-((A))-99 from M-1, Light Industrial District to B-2 Business General District, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning bouIldaries for the remainder of the acreage to establish the following: Zonis- Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Overlay District ➢ 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board Of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007 (see attached Zoning Exhibit "B"). ►�J u Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 PROFFER STATEMENT A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby proffer that the following land uses shall not be permitted on the B-2, Business General District portion of the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B-2, Business General District portion of the Property) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in tine configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. 3 u Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing hlterstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2,) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-irdright-out entrances. Tile spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turf] lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners no later than December 31, 2007. 4 • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right-of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located within the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((A))-99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 5 9 0 Grcenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5.2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), hereby agrees to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((A))-98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 4.) Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43-((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43-((A))-III that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit "B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. • C� Grecnway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to construct a third southbound lane oil U.S. Route 11 from the primary entrance to the Property located on Tax Parcel #43-((A))-100 to the Interstate 81 Exit 317 northbound on -ramp. These Improvements will Include a 12' wide lane Of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additional]),, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified On the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: ►7 • • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 2007 Y The Second Battle of Winchester ➢ The Battle of Rutherford's Farm Y The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 clays of final rezoning approval. 2.) Landscaping The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings Of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction Of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" 8 Greemvay Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 E.) Li htin The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees that all building mounted lights and pO1C-111OUnted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding t11e proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers that all freestanding business Signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits Of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 9 • Grccouay Engineering April S. 2004 RuLll rford Crossing Ra.ing Rev isal Scpleml— S, 2006 Rcviscd Octoba 26. 2006 Revisal November 7, 2006 Rcvitccl November 29, 2006 Revised Dm—ber 21, 2006 Revisal lenuuy 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner, In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectfully Submitted: By: "-010--1 Rutherford Farm, LLC Date Tax Parcel #43-((A))-100 Commonwealth of Virginia, City/County of CA(-'66To Wit: The foregoing instrument was acknowledged before me this day of 20*y ('!G (.i 47,)9 I-,,. Notary Public My Commission Expires I)JUf1) ,?/, 2_j] 10 9 Gr=way Engine ring April 5, 2004 Rutherford Crossing Ratming Revised Scp(ernber 5, 2006 Revised Octoba 16, 2006 Revised November 7, 2006 Revised Nov=L- 29, 2006 Revisal Decnnbcr 21, 2006 Rev sod January 17, 7007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: y. -/'/ Virginia Applc Storage, Inc. Date Tax Parcel #43-((A))-98 Commonwealth of Virginia, City/County of \\) 1 rC i PSy, e-`(, VA To Wit: The foregoing instrument was acknowledged before me Qtis 4day of `a h V G V,- 2006 by 11 i? l� 'Q T Y) S /� Notary Public My Commission Expires C ' 0 n 11 0 • Greenway Fsginerrino April 5, 2004 h,-,herfosd Crowing Retuning Revisal Sepernsba 5, 2006 Revised octoba 26, 2006 Revisal Novemtxr 7, 2006 Revised Nuvmber 29, 2006 Revised Ikcensba 21. 2006 Rcvis-d January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: C. Robert Solenberger Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/eoutHy-of `/; 1� c 1'L �e (i\/_To Wit: j k The foregoing instrument was acknowledged before me this . day of a Y 2006 by `' �0 D12`- �O'QYI�t"(c P1' G. Aj��.taq Public My Commission Expires - 3 - a Q � () 12 Clrmnwey Engineering April 5.20D4 Ruth«fexd Crossing Rezoning Revised Septembcr 5, 2006 Revised octnbcr 26.2p06 Rcvi—1 November 7, 2006 Rnixd Novcmbu 29, 2006 Revised Dccembc 21, 2006 Rcvi--d hnu ry 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: c L,, Johr)-5: Scully, W Date / �dx Parcel #43-((A))-99 Commonwealth of Virginia, CityfEeanty of W n I C �1 �Ps � C r\, V/� To Wit: tk \ I The foregoing ins"ment was acknowledged before nic this H day of J 2006 by 0'1 h • S c. A', , t V ill) Notary Public My Commission Expires 9 3 d -_ 9 0 � o 13 Grrrnsysy Fnginccnng April5, 2004 Ruthaford Crossing Rczoning RMscd Scptcmba 5, 2006 Rcvi" October 26, 2006 Revisal Nmcmha 7, 2006 Rcvlscd November 29, 2006 Revisal L canbec 21, 2006 Rcvixd Jenuuy 17. 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: ✓G CJ, , ohn B. Schroth Date Tax Parcel—1-((A))-99 Commonwealth of Virginia, \ I City oun of 1j� \ P�� (' r Y To Wit: The foregoing instrument was nclmowl\edgedd rh before me this day of Y1 U Q 2006 by J c t t1 11 I •� ., c d1 Y A F� I J Notary Public My Commission Expires C� -3l] o (� 14 u 0 AREA TABULATIONS ZONING AREA M-1 85.26 AC. /� i / i 541'32'25'E 194.39' 8 2 28.66 AC. / /j/ /� '�-�� N44'08'18"E 1211.21' B-3 22.46 AC. TOTAL AREA = 136.38 A j% /� /ji Ej j of 87.67' / 76'38'50"W 1` 55A6 AC. TAX MAP 43 A 98 n / //C6 VIRGINtA APPLE y STORAGE, INC. � . ROBERT TAX MAP Sy 43 A 99 � y S75'36'OB"E JOHN B. SCHROTH AND m'w 55.10 JOHW S. SCULLY, IV 542' /� 18'30"W' S 189 627'Sa'p"W �z np 47.83' 0 / 3 54 Ni0578,J10, E .. .1'r�-, -il4 ' / 60' R-O-W Lam, �11 ZS 8 TA% MAP y . 43 A 100 754'00 1 RUTHERFORC FARM, LLC 52 - B 3 10__8 = _ -- j / 2266 AC.iB-PG_ / / / C4 N6' 12"W / Hj _ _ N5g.0 m - PpTOMAC EOISON CO. .4 a. z.5 N35'45'51"W B� C5- TAX MAP y 43 A 99 f TAX MAP 43 A 111 22� C. ROBERT SOLE14BERGER, N y JOHN B. SCHROTH AND N C. R08ERT SOLENBERGER, N47'55'36" JOHN S. SCULLY, IV �' er JOHN S. SCHROTH AND 70.92'-_-__�C\ l � � m �' JOHN S. SCULLY. IV / - r B-2 2981 AQ S6 tLP �� 28.66 AC. 9625 J3 bpi \1 99. k' i S38'01'07"W I 963 47' �N29'45'S2"W � is " 1 �j 11 CURVE TABLE DUMBER DELTA RADIUS ARC LENGTH TANGENT CHARD LEN CI 20'57'23' 2252.00' 823.69 416.50'1 819.11, C2 29'18'43' 1321.72, 676,18 345.66' 668.83' C3 1'28'32' 5629.58' 144.97 72,49' 144.97' C4 94'51'02' 380,00' 629.07 413.61' S59.66' C5 17'36'23' 1000.00' 307.29 154.87' 16 6'15'12' 306,08, C7 12'ILL S629,58' 1267 32 636.35 1264,65' s h ILr c, J ~r _ II i H CHORD BEARING\s \ N 50'20'03' E S 15'56'51' E S 00'33'13' E S 11'39'40' W N 50'17'00' E S 04'13'45' W S 18'33'51' W , 1 2 2 2007 � Z L D d r� o m aFF O y " n h o _ y a N n ^co o � � W 00 C .m I Z O f- QY I— Q a z LLam cD s¢ cga- = Z}r > O ¢ W Q j � U a: U) W :D Z Z _ ❑ O H Z N X z CC W O U. y ~ N W LIJ = r V) LL 0 4 a AREA TABULATIONS ZONING AREA M-1 79.03 AC. B"2 59.65 AC. / TOTAL AREA = 138.68 AC • / // i N42'18'30"E' N30'36'X'1" 1057.31' 6.5 58.19 37 R-0-1� i / }� RT. 37 R-O-W DEDICAy�Ii C�j �,�`,� DEDICATION r I' \ HIGH T-OF- WAY •♦O \ RESERVATION ♦ \ 51♦ \ \ N76.3B'so"W BzsT \ TAX MAP 0 43 A 9B M-1 VIRGINIA APPLE STORAGE INSTRUMENT 200411262 55.45 AC. TAX MAP g 43 q gg VDOT ROBERi ERC' -OF-WAY 542 18'30"W `I /C. JOB. SCHROTHAND HN S. SCUILY, IV JO SCULLY :RVATION IB95.36, ( INSTRUMENT 040017164 60' R-0511 I \: 1 I M-1 —tz TAX MAP B 43 A 100 123.58 AC. - i.l I N4?' I d'30"� RU THERFORD FARM, LLC — T957 55— o '290 26 00" INSTRUMENT 050006702 i N42 IB' 0{--�— a 74 — 59.65 AC. ea _ �.. G6 — s \\� \\ _ — '"pOTOM�C ED�SON N71'05'49'E N47'S5'38ZILV \ ` �"� �_ _ — I / ._� 1194.41' N27'08'0?" 270,92' 69.59 N42'18'30"E B171 37- ,Jo TAX MAP M 43 A 99 m C. ROBERT SOIENBERGER, \ 1 m > JOHN B. SCHROTH AND JOHN S. SCULLY, IV S61. •\ u m INSTRUMENT 040017164 / ; 86 SJJ.� I I S38'O1'07"W Jam/ ? `�9• I \ 963 a7' I N I `_C3 m N A Jr, 2 2001 _ N29 'S2-W 79.86' !y` ■ CURVE TABLE NUMBER DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 1'28'32" 5629.58" 144.97 C2 72 49' 144.9T S 00'33'13" E 29' 18'43" 1321,72' 676.1 B 345.66' 668.83' C3 20-57'23" 2252.00' 823.69 S 15'56'51" E C4 6'15'12" 5629.58' 614.43 416.50' A19.11' N 50'20'03" E C5 12'53'54" 5629.58' 1267,32 636.52' 614.12' S 04'13'45" W C6 43'58'47" 500.00' 383.80 636.35' 1264.65' S 18'33'51" W G:n20 25-NVRetoiIDO1-Winch esterOL7C1PR0POSED ZONING I EXHIBIT.dwg Jan 22 2007 49 07'26" E FEMA OPER LINE Z o I 0 u �o a ' RT. 37 MAINLINE \\\ CORRIDOR R_0_W u \ \\ ♦\ \\ ♦ DEDICATION t N m _Z ca „ b 0 = Urmi c�E=w 527'54'00'W 47.83' Z RT. 37 ALIGNMENT AS PROVIDED BY Co m a � FREDERICK Cq Z 0 COUNTY PLANNING O 0 Q DEPARTMENT E m O J Q U = N cc Q LLI L11 0 LL _Z O LY3 W Z a.9 0 jNO 0- o " cc y 400 200 0 400 800 i200 1 GRAPHICAL SCALE: 1" = 400' 0 N >- o a a o II G Q 9 a Z P O 00 N Ld = N LL. 0 o�J� savirgnoy .�� RITY ¢ FREDERICK COUNTY SANITATION ♦ , ��'�grrouass�a Post Office Box 1877 PH (540) 868-1061 Eric 1L Lawrence \1,,achester Virginia 22604-8377 Fax (540) 868-1429 Executive Director wwiv.fcsa-water.corn April 5, 2017 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Application Comment Rutherford Crossing Tax Map Number: 43-A-99 49.23 acres Dear Mr. Wyatt: Thank you for the opportunity to offer review comments on the Rutherford Crossing rezoning application package, dated March 7, 2017. The Frederick County Sanitation Authority (FCSA) offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. It is requested that the application offer clarification on the applicability of the rezoning application. The application's Impact Analysis Statement indicates a 22.16 acre rezoning, yet the application's Proffer Statement indicates a 49.23 acre rezoning. The below comments are offered based on a 22.16 acre rezoning and its projected 16,620 GPD demand for water and sewer service. The project parcel is in the sewer and water service area (SWSA) and in an area presently served by FCSA. As noted in the project's Impact Analysis Statement, the SWSA enables access to public water and sewer service by county policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system 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 WATER'S WORTH 1T Page 2 RE: Rutherford Crossing Mr. Evan Wyatt April 5, 2017 conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. Also notable is that the property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the as presented rezoning proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stgy.. CU Pee Amount Paid $ Zoning Amendment Number Date Received S �l I"1 PC Hearing Date - 1 I I ,l BOS Hearing The following hilbi-oration shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: C. Robert Solenberger, Et.als. Telephone: (540) 327-2114 Address: 114 North Cameron Street Winchester, VA 22601 3. Contact person if' other than above: Name: Evan Wyatt Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 43-A-99 b. Total acreage to be rezoned: 22.16±-acre portion of the 49.23± acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 22.16±-acre portion of the 49.23± acre parcel d. Cln'I•ent zoning designation(s) and acreagc(s) in cacti designation: M-1 Light Industrial District 49.23± acres C. f. Proposed zoning designation(s) and acreagc(s) in each designation: B-2 Business General District 22.16±-acres; M-1 Light Industrial District 27.07± acres Magisterial District(s): Stonewall Magisterial District 12 5. Checklist: Check the following items that have been included with this appllca0011. Location map ✓ Agency Comments _� ✓ �_ Plat ✓ Fees _I ✓ �_ Deed to property ✓ Impact Analysis Statement Verification of taxes paid _I ✓ 1_ Proffer Statement _� ✓ I_ Plat depicting exact meets and bounds for the proposed Zoning district _I ✓ i_ Digital copies (p(jf's) of all submitted doClllllelltS, snaps and exhibits ✓ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: C. Robert Solenberger John B. Schroth John C. Scully, IV 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Exhibit and Adjoining Property Owner Table 8. Location: The property is located at (give exact location based on nearest road and distance f-on-i nearest intersection, Using road nallles and r011te ]lumbers): Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center 13 • 9. The following information should be provided according to the type of rezoning proposed: Numbcr of Units Proposed Single Family 110111CS: N/A TOW11110111e: N/A M111t1-Family: N/A Non -Residential Lots: TBD Mobile Honle: N/A Hotel Rooms: TBC Square Footage of Proposed Uses Office: TBD Service Station: N/A Retail: TBD M'111UfaCtlll'il1g: N/A Restaurant: TBD WaI-C1101ISC: N/A Commercial: TBD Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map Of Frederick County, Virginia. I (we) authorize Frederick County Officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is Submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible fi-om 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) owner �}� Owner(s): . 6J- - --- - - ---- 14 Date: Date: Date: `J i Date: 5� ' /.7 RUTHERFORD CROSSING, TAX MAP 43-A-99 REZONING Tax Map Number Owner Mailing Address City and State ZIP Acreage Zoning 43 A 98 VIRGINIA STORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER, VA 22601 19.21 M1 43 A 98A ROPER INVESTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS, VA 23834 8.88 M1 43 A 99A FREDERICK COUNTY SANITATION, AUTHORITY 107 N KENT ST WINCHESTER, VA 22601 0.07 M1 43 A 100F RUTHERFORD FARM LLC, C/O NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA, VA 22182 5.44 B2 43 A 100A LOWE'S HOME CENTERS INC 1000 LOWES BLVD MOORESVILLE, NC 28117 12.88 B2 43 A 103 NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 0.88 RP 43 A 105 RISSLER THOMAS W, RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER, VA 22603 1 RP 43 A 106 LEE RONALD A, LEE MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 43 A 107 MCQUAIN CLIFFORD D ETALS, C/O GARY MCQUAIN 1211 AIRPORT RD WINCHESTER, VA 22602 1.75 RP 43 A 108 BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER, VA 22603 1.5 RP 43 A 111 COWPERWOOD FEMA LLC, C/O HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON, TX 77025 17.1 M1 43 A 112E DEHAVEN CHARLES S JR 2075 MARTINSBURG PIKE WINCHESTER, VA 22603 8.64 RA 43 21 6 C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 20.87 M2 43 21 9B C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 2.04 M2 43C 1 A MESSICK ROY R, MESSICK NANCY L 1897 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 43C 1 B BML LC 112 LAUNCHRIS DR WINCHESTER, VA 22602 0.2 RP 43C 1 D MOORE MICHAEL A 1927 MARTINSBURG PIKE WINCHESTER, VA 22603 0.19 RP ADJOINING PROPERTIES LISTING SOURCE: FREDERICK COUNTY GIS, FEBRUARY 2017 SORTED BY TAX MAP NUMBER • 11 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.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) C. Robert Solenberger (P11011C) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 the owner(s) of all those tracts oi' parcels of land ("Property") conveyed to nlc (us), by deed recorded in the Clerk's Office of the Circuit COLIi't Of the County of Frederick, Virginia, by Instrument No. 040017164 oil Page 0653 , and Is described as Parcel: 43 Lot: A Block: 99 Section do hereby make, constitute and appoint: (Nallle) Greenway Engineering Subdivision: (P11o11C) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy 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 Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (P►'el►minary and Final) Subdivision Site Plan Valiance of 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,}s Otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of `M/fG , 20 SlgilatUl'C(S) 1�1 State of Virginia, City/Gout" of' W/ ill C rl r> S /;' , To -wit: I "V� uryp I, /` c�� l/IiL�C-� �, a Notary Public in and for the jurisdiction�( �YF certify-fhat the person(s) who signed to the foregoing IllStl'1Ii11Clit personally appeared before I �' ';; Tsp •, acknowledged the same before tile in the jurisdiction aforesaid this clay of `�r 20�z a� My Commission Expires: 3 - 3/� Notary Public 6.1 i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.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) (Nallle) John B. Schroth (Pllone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 the owners) of all those tracts or parcels of land ("Property") convcycd to nle (us), by deed recorded in the Clerk's Office Of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040017164 oil Page 0653 , and is described as Parcel: 43 Lot: A Block: 99 Section do hereby make, constitute and appoint• (Nallle) Greemvay Engineering Subdivision: (Pllolle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as Illy true and lawful attorney -in -fact for and in Illy (our) 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: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the autlority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is Otherwise rescinded or modified. In witness thereof, I (we) have hereto set Illy (our) hand and seal this �, f clay of Y. , 201�7 , Signatures) � 3 ----- State of Virginia, City/C—ounty of �/V /yl `tE'`�7° , To -wit: a Notary Public in and for the jurisdi certify that the person(s) who signed to the foregoing instrument pe}sonally a �pcarecl befr� acknowledged the same before tile in the jurisdiction aforesaid this S� clay of td� , 20 / )Y, I W-Z( My Commission Expires: Notary Public _(_- �2X7 ��J Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Sheet, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Nallle) John C. Scully, IV (PlIolle) (540) 327-2114 (Address) 114 Nolh Cameron Street Winchester, VA 22601 the owner(s) of all those tracts Or parcels of land ("Property") conveyed to nle (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040017164 oil Page 0653 Parcel: 43 Lot: A Block: 99 Section do hereby make, constitute and appoint: (Nallle) Greenway Engineering and is described as Subdivision: (Pilolle) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -ill -fact lot• and in my (our) ilarric, place and stead with lull power and authority I (we) would have If acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact sliall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, Or until it is otherwise rescinded or modified. In witness thereof, I (we) have h eto sely ( 7r) �(d seal this 57 day of ^o , 20, Sigilatlll•C(S) State of Virginia, ity/C-oanty of VV I rt0 �� �, �('� , To -wit: / Y �/1�`� P < a Notary Public in and for the jurisdiction aforesijjd' certify that the person(s) who signed to the foregoing instl•unlcnt personally appeared before 1)l0.. acknowle�t ed the sank before me in the jurisdiction aforesaid this clay of ��te� , 20J� `PAY P?j�`� i - z �— �, i trit-�� My Commission Expires: 3�/-� �r►•�tir o ary Publics - 0 • REZONING APPLICATION FORM FREDERICK COUNTY, A71RGINIA To be completed by Planning Staff.• Zoning Amendment Number. 11C Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The fo1101vi►1g igformalion shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above): Name: C. Robert Solenberger, Et.als. Address: 114 North Cameron Street Winchester, VA 22601 3. Contact person if other than above: Name: Evan Wyatt Telephone: (540) 662-4185 Telephone: (540) 327-2114 Telephone: (540) 662-4185 4. Property Information: a. Property Identification Number(s): 43-A-99 b. Total acreage to be rezoned: 22.16±-acre portion of the 49.23± acre parcel C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 22.16±-acre portion of the 49.23± acre parcel d. Current zoning designation(s) and acreage(s) in each designation: M-1 Light Industrial District 49,23± acres C. f Proposed zoning designation(s) and acreages) in each designation: B-2 Business General District 22.16±-acres; M-1 Light Industrial District 27.07± acres Magisterial District(s): Stonewall Magisterial District 12 5. 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 ✓ Plat depicting exact meets and bounds for the proposed zoning district ✓ Digital copies (pdf's) of all submitted documents, maps and exhibits ✓ 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: C. Robert Solenberger John B. Schroth John C. Scully, IV 7. Adjoining Property: PARCEL ID NUMBER USE ZONING Refer to attached Adjoining Property Exhibit and Adjoining Property Owner Table 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): Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center 13 i E 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family: N/A Non -Residential Lots: TBD Mobile Home: N/A Hotel Rooms: TBD Square Footage of Proposed Uses Office: TBD Service Station: N/A Retail: TBD Manufacturing: N/A Restaurant: TBD warehouse: N/A Commercial: TBD Other: N/A 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: i Date: �/ } Owner(s): C;,)O i c. Date: 5 C/ GV� / Date: E 661- �F a 21 6 3 a, PARSON CT �. Z W 9 Wu $61 W 43 A 99 (Potion Not To B6 R6son*d) 4� a1 • n=e Q�'F' C, a �P Z o 0J� U ? O 5 6x Z rn +y,Mc � w �� 6J A 99A k �PQ c4 yH c S'Rg Uo � a / .. A ve OLL Q d 'ISSICA LNJ (f a a Z .] A I„ _ Z F O Z i N F o Q 0 l/C 1 `o .J A 1066 JC` •J ♦' O N J �$ to 4 � nzs 7a y C �P�(� Z Q. < O U X MCCNF W Cl p z ff Rp ? tiu R zQry L9gln4 s� Nv<r 4 Z w Portion ol.iA.99 To Be Rezoned �,� 0N.�N Feet a E q Adt—ng Property w R Parcel Boundary �o ��yH \ am500 0 500 DMe San• r art. cA Cd, V M GIS D.o- 70+6 DM Tax Map Number Owner Mailing Address City and State ZIP Acreage Zoning 43 A 98 VIRGINIA STORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER, VA 22601 19.21 M1 43 A 98A ROPER INVESTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS, VA 23834 8.88 M1 43 A 99A FREDERICK COUNTY SANITATION, AUTHORITY 107 N KENT ST WINCHESTER, VA 22601 0.07 M1 43 A 100F RUTHERFORD FARM LLC, C/O NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA, VA 22182 5.44 82 43 A 100A LOWE'S HOME CENTERS INC 1000 LOWES BLVD MOORESVILLE, NC 28117 12.88 B2 43 A 103 NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER, VA 226031 0.88 RP 43 A 105 RISSLER THOMAS W, RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER, VA 226031 1 RP 43 A 106 LEE RONALD A, LEE MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 226031 0.87 RP 43 A 107 MCQUAIN CLIFFORD D ETALS, C/O GARY MCQUAIN 1211 AIRPORT RD WINCHESTER, VA 226021 1.75 RP 43 A 108 BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER, VA 22603 1.5 RP 43 A 111 COWPERWOOD FEMA LLC, C/O HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON, TX 77025 17.1 M1 43 A 1128 DEHAVEN CHARLES S JR 2075 MARTINSBURG PIKE WINCHESTER, VA 22603 8.64 RA 43 21 6 C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 20.87 M2 43 21 9B C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 2.04 M2 43C 1 A MESSICK ROY R, MESSICK NANCY L 1897 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 43C 1 B BML LC 112 LAUNCHRIS DR WINCHESTER, VA 2260Z 0.2 RP 43C 1 D MOORE MICHAELA 1927 MARTINSBURG PIKE WINCHESTER, VA 1226031 0.19 RP C� J • ::.,_ ..— RUTHERFORD LLC 07702 BS.540-662-0323 114 N CAMERON ST r WINCHESTER. VA 22601-4745 f to the `, :r of �7 l ,ram (1 ✓ ► rl c� cam... � r &iANCN BANKING ANO TRUST COMPANY � � � 7-BWBANK BBT BBT.com 1387 66-426/514 ti $ "f,7 ollars For --- — ,:05 1404 2601:000513417 270 -- — 1 v IYP 1387 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) John S. Schroth (Phone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: ss Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 201, Signature(s) State of Virginia, City/Gounty of yl C 6,S4 , To -wit: a Notary Public in and for the jurisdict' %I s googol certify that the person(s) who signed to the foregoing instrument pe sonally an peared bef as acknowledged the same before mein the jurisdiction aforesaid this A-rday of / ►p 2OPr•4, sy My Commission Expires:3 ;3/- Notary Public r 0 i Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) C. Robert Solenberger (Address) 114 Noth Cameron Street Winchester, VA 22601 (Phone) (540) 327-2114 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: ss Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Address) 151 Windy Hill Lane Winchester, VA 22602 (Phone) (540) 662-4185 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 Property, including: X Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it * otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 6r`Z6tc� , 20 Signature(s) Z ✓G� �1�i�i�j� / State of Virginia, City/Gout" of (/y% n C 6,I To -wit: a Notary Public in and for the jurisdiction pM """"►r, ' YF certify -that the person(s) who signed to the foregoing instrument personally appeared before r acknowledged the same before me in the jurisdiction aforesaid this day of 14= , 20// ,;s 04*" py c s My Commission Expires: 3/ � Z Notary Public �.2 g� s �'p� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) John C. Scully, IV (Phone) (540) 327-2114 (Address) 114 Noth Cameron Street Winchester, VA 22601 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. 040017164 on Page 0653 , and is described as Parcel: 43 Lot: A Block: 99 Section do hereby make, constitute and appoint: (Name) Greenway Engineering (Address) 151 Windy Hill Lane Winchester, VA 22602 Subdivision: (Phone) (540) 662-4185 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 Property, including: _Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have h eto se y `) d t1d seal this Z57 day of �.- , 204�_, Signature(s) State of Virginia, ity/C-ol of / Vh0 leoP , To -wit: I,-c,t_f' Y ���(�, {��_ a Notary Public in and for the jurisdiction afores4 certify that the person(s) who signed to the foregoing instrument personally appeared before timd'Laric}'gi acknowledged the same before mein the jurisdiction aforesaid this % - Y day of Aa , 20 My Commission Expires:/-, z a♦r�i o ary Public &C7 PART /OF TAX PARCEL C. ROBERT SOLENBERGER, JOFIN B. SCHROTH AND / SCULLY, / 52754QO'W l INSTRUMENT NT 040017164 2@j78' / \ y ZONED "AI Ri'S — 100 YR FLOOD PL 3 / / \� �/% / 1�� N71176'49-E 194.41 QI�9� �pP �� p9 A�p�a L` \ TAX PARCEL ,/ 43 A III �P�MyP���,���`L"i'a�\�i J�� LLCZOV 70954 Cr GRAPHIC SCALE 300 q 300 SCALE: 1" = 30p' NOTE: PLAT SHONfNG STREET DEDICA17ON SEE SHEETS 6 & 7 FOR AND VARIOUS EASEMENTS LEGEND, LINE DATA, ON THE Ran, OFtGM CURD DATA, AND AREA G R T TABULATION JOW fit SO J01'NV S SML Y. !V INSTRUMENT NO. 040017164 yTH Of rr /• STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGNIA Ury Or Hers R£NSED.• u '4 e.K� JN E. KROBAT 'Nal"ll"No SOLUTION, Con1Ytlfe[ �lwInem end Surveyor, 06 18 D DBy. XK DRA @Y.• No. 1435B 1 lh 1rnN�R vrti,1. zaa Ti w/w.� w sao/sw-mi N,.11 SCALE.' 1 a < - /rz,b 4ND sueM6yo to 4N. o I yot DA 04 07 10ject No.: E Action: PLANNING COMMISSION: June 7, 2017 BOARD OF SUPERVISORS: July 12, 2017 AMENDMENT Recommended Approval - N APPROVED ❑ DBNIBD AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-17 RUTHERFORD CROSSING —D cD CD rn fV WIIEREAS, REZONING #03-17 Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.16 acres from M 1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned M I (Light Industrial) District with proffers to the M I (Light Industrial) District with revised proffers with a final revision date of April 19, 2017 was considered. The subject property fronts on the southeast side of Market Street and the north side of Milton Ray Drive within the Rutherford Crossing Development, in the Stonewall Magisterial District and is identified by Property Identification No. 43-A-99; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 7, 2017 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 12, 2017; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 22.16 acres fro►n M 1 (Light hidustrial) District to the B2 (General Business) District with proffers and 27.07 acres of land zoned MI (Light Industrial) District with proffers to the M 1 (Light Industrial) District with revised proffers with a Final revision date of April 19, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner is attached. PDRes #27-17 • • -2- cD c-� G'l This ordinance shall be in effect on the date of adoption. W Passed this 121h day of July, 2017 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye Bill M. Ewing Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST ris reComy strator VIRGINIA: MUDERICK COUNTY.SC7. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admit ted dmittted to =ord. T,tz imposed by Sec. 58.1-802 of � .;..., ttncl � 1.801 have ken paid, if assessable. PDRes 427-17 4�,4 /T� _ , Clerk BOS Res. #004-17 0 17ood7237 Greemvay Engineering March 7, 2017 "fax Parcel 43-A-99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL 43-A-99 PROFFER STATEMENT REZONING: RZ# 01-�` I M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John B. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application 03-17 for the 49.23±-acres Property from the M 1, Light Industrial District with approved proffers to establish 22.16± acres of B2, Business General District and 27.07± acres of M1, Light Industrial District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set. forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property, identified as Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned from the M1, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on the Plat of the Property prepared by File 112795J/1-A W 0 0 u1 ul • • Greenway Engineering March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number —� 07001 1053. 0 RUTHERFORD CROSSING — TAX PARCEL 43-A-99 PROFFER STATEMENT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements 1. The Owners proffer to dedicate the land area within the Property for the 350-foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of written request by Frederick County. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with future land development on the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County 1•ile #2795J/EAW 3 0 vi 0 • Greenway 13ngineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 at the time of' issuance of' the Certificate of Occupancy Permit for any primary structure constructed on the Property. -� c-� 0 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the o Property. J PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES File #27951/EA W 4 0 0 Greenway Engineering Owner Signature March 7, 2017 Revised April 19, 2017 Tax Parcel43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: C. Robert Solenberger Commonwealth of Virginia, City/Ceti-y of nC L, To Wit: Date The foregoing instrument was acknowledged before me this STday of'- 20/2 by My Commission Expires .3 - 3 /' d Notary Public oof- aGz Xf' ���a ;0PLEY 0*40 File #27953/EAW 5 c� 0 0 cn CID 0 • Greenway Engineering March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning c� Owner Signature o 0 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By:. John B. Schroth Commonwealth of Virginia, Cityfeatmty of /� Z'k C44— To Wit: The foregoing instrument was acknowledged before me this day of 2047 by My Commission Expires 3 ' 3 �� 0�o i Date Notary Public -;9 a,2 92 Y0 Pile #2795]/EAW 6 0 • Greenway Engineering Owner Signature March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John C. Scully, N Commonwealth of Virginia, City/C-eHfify of �Vln"- zla fi44 To Wit: 4Dt The foregoing instrument was acknowledged before me this day of �h 20 j2 by My Commission Expires 3 • 3/, --?O,,?C i2( Notary Public --f o 99a8d +``;WLEY 1 40049 File #2795YEAW 7 CJ O C-1 O 0 • P00061 AREA TABULATIONS ZONING AREA i M-1 79.03 AC. B-2 59.65 AC. TOTAL AREA = 138.68 AC i / 7 N42'18'30'E n30'3 'y/" 1057.31' RT. 37 R-C-'w DEDICAPON \ \\ \♦ \\ \\7 ♦\ `♦ \ H7. 37 MAINLINE \ \ ` '9439' \ \ \ \ \ ♦ ♦ \"� . ♦ \ \ CORRIDO4 \♦ r ♦ ♦ ♦ ♦ \ ♦ \ ♦ ♦ \ \ \ ♦ \ R-O-W roOr / \ ♦ \ \ \ \ \ \ \ \ . \ \ DEDICAnDN - 1 \ \\ \♦ ♦\ \\\` \ \\ \ \\ \\ \ \♦ \ 'RVAT10N VATION \\ \♦ \\ \\ \\ \ \\ .♦ \ \\ U M-1 TAX MAP A 43 P `♦ `\ 55.45 AC. . C. ROBERT 50.ENBERGcR, \ \ \♦ \ `? \ \ JOHN S. SC'ULLY, INSTRUMENT 040017!64 \ \ \ _ ___ � M-1 v sz7's� 23.58 AC. N4y18 we- l - 47.83' -+ S2754 0"Y! N42 18' 1"957.SA'� gi j — ��� \ B-2 I PG- 74 59.65 AC.D• � I Ni 1'O6'49'E FELlA y 0, 1194.41' N2T08'0?'E PROPERT / N4T55'3s�V \ ,r���-."� �'-t - - _ _ - - _ J I �� Z 69.59 LINE 270 1 � 1 .92' N42 TAX MAP M 43 A 99 a C. ROBER? SOLENBERGER, JOHN 9. SC4ROTH AND JOHN S. SCULLY, IV NSTRU'•E1:T 040017164 n79 �s/52"w 1 } 1 1 } 79 CURVE TABLE ✓ / 37 R-f / OEDICAj1-E S7 '08'E _ 141 \,N76'38'5 i N\3 87.67' \ TAX MAP 14 43 A 98 VRGINIA APPLE STORAGE INSTRUMENT 200411262 VDOT RIGHT-OF-WAY S4718'30'W RESERVA^ON 1895.36' TAX MAP / 43 A 100 RUTHERFORD FARM, _LC INSTRUMENT 050006702 NUMBER DELTA RADIUS ARC LENGTH TANGENT CHORD LEN3T CHORD BEAR!NG C1 C2 1928632" 29-18'43" 5629.58' 1321.72' 14-4.97 676.18 72.49'I 144,97' W9_66'1 668.83' S 0933'13" E S 15'56'51" E C3 20'57'23" 2252.00' 823.69 N 50'20'03" E C4 6' 15' 1 2" 5629.58' 614.43 �416�50' �819.11' 307.52' I 614,12' S '_ 3'45" W CS 12'53'S4" 5629.58' 257.32 636.35' 1<a4.65' S 18'33'5?" W C6 43 58'47" 500,00' 353.80 _ 201.91' 374.44' \ 49'07'26" E -______ — 1o.. u�� i.�. \.aui cv.v n�V Cn...... u Ny Jon zz' LUV/ RT. 37 ALIGN6IE AS PROVIDED E FREDER CK COUNTY PLANN! DEPARTMENT 400 200 0 400 800 r�o GRAPHICAL SCALE! 1" = 400' 0 z g m m p m U = CD Z_ O N y '2 Q � w a:a O C7 U- z W D w 0) Occ CL 0- �Q v c, wInNO o LL Li N LJJ N U) LL. O PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2017 Current Owners: C. Robert Solenberger; ,John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-4185 • • PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 1.9, 2017 Current Owners: C. Robert Sol enberger; ,John B. Schroth & john S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway E,nhineering, Inc. 151 Windy Hill bane Winchester, VA .22607 540-662-4I85 • • Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revisul April 19, 2017 REZONING: RZIt M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the RECORD OWNER: C. Robert Solcnberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John B. Schroth and John Scully, IV (here -ill after "Oivxiers") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 retinzinary Matterr� Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application for the 49.23±-acres Property from the MI, Light Industrial District with approved proffers to establish 22.16± acres of B2, Business General District and 27.07± acres of MI, Light Industrial District with revised proffers, development of the Property shall be done in conformity with die terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property, identified as Tax Nlap Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Scluroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned from the M1, Light hndustrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on [lie Plat of the Property prepared by File 42795J/FAN n U 1] Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number 070011053. RUTITIERF, ORD CROSSING — TAZI PARCIEL 43„A..94 PROFFE311 S x A`3'ET ;TNI' A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. TranSDOrtation Enhancements The Owners proffer to dedicate the land area within the Property for the 350-17oot Nvide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of written request by Frederick Count}. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with future land development on the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County File N27951/EA W (ireenway Engineering March 7, 2017 'rax Parcel 43-A-99 Rezoning Revised April 19, 2017 at the time of issuance of the Cerl.ificate of Occupancy Permit for any primary structure constructed on the Property. 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the Property. PRO��:c+E STATEMENT OWNER SIG1k,IlkT-URES O>--! FOLL01111-ING PAGES File #2795YEAW 4 AREA TABULATIONS ZONING AREA M-1 79.03 AC. 9-2 59.65 AC. TOTAL AREA = 138.68 AC N42'18'30'E N30'3o,`1'}/'057.31' NUMBER C1 C2 C3 C4 i 12'53'54" 5629-58 43'58'47" 500,0'. e Oi1001—V."mc:nesterl / R' 37 / Df➢I( :r" RIGHT-CF-WAY 2� 'C f `♦ `N76'38'S01V SERVAT,oN 87.67' TAX MAP 0 43 A 98 VIRGIIJIA APPLE STORAGE M-� `♦`� I INSTRUMENT 200411262 TAX k1AP �I 43 A 44 55.45 AC. C R08FPT SO.NBERGER• �♦ VDOT I JOHN B, SCHROTH AND �♦� ___ R;GHT-OF-WAY 5471B'3014 JOHN S. SERVADON t895.36t t INSTRUMENT 040017764 \/ 285.95'9 II r M-1 ! _ TAX NAP 43 A /00 23.58 ` Ndg ta,3e'� � RUTHERFORD FARM. LLC :18' I 52T5 INSTRUMENT 05000 `9 IAC. N42 1§57.58'- 290.2' 6702 \ 69.65 AG. \ \ \ N71 7If, _ \ �_- �_ _��-�t P_O == - N42'78'30'I �II �-�/✓ l t94 .4 41' FEMA N2qa ZPROPER T .55.""\ 6927_ E 1YE TA % MAP M 43 A 99 - �3y' t I C. ROBER. SOLENBERGER, 0 ,,4 ml iu JOHN 9, SCHROTH AND I \ 1 w JOHN S. SCULLY, IV n INSTRUMENT 040017+.64 - - 9699 I ' E f / 1.. W I ! 9s314T . —1 / 1 1 _C3 79.86' I - - -- - CURVE TA3LE 1 _ ARC LEh!GTH TANGENT CHORD LENGTH CHORD BEARING 144.97 72.49' 144,97' S 00'33'13" 676.18 345.66' 668.83' S 15'56'51" 823.69 416.50, 819 M N 50'20'03" 614.43 307,52' 614.12' S 04'13'45" 1267.32 AlA 35' t DRe AW 1 "e „ e. 201.91.1 374.44' I h NG EXHI&I dNq Jcn 22. 007 > RT. 37 R-O-'N �•. DE➢IOAroN 1 a e g RT. 37 CORRIDOR R-O- W DEDICAPON + 9 6 � Ce_ ate• :Illlllllllhl,, 52T54'0014 47.83' FREDE ITL 0 Z c�i RT. 400 200 0 400 800 1200 GRAPHICAL SCALE: 1" 400'cm ~ N W W 2 O • • u Greenway rmgineering Owner Sinafi,i]r e March 7, 2017 Revised April 19, 2017 Tax Panel 43-A-99 Running The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ;� C. Robert Solenberger Commonwealth of Virginia, City/Cmffity of no le'v �t�, To Wit: Z/L/7 Date The foregoing instrument was acknowledged before me this day of� 20 L2 by My Commission Expires File ii2795]/EAW -1apO Notary Public aa:�dz.' LEY e� r? �LtH 1 5 • u Greenway Engineering i igner Simature March 7.2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered copditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By::(2 . l John B. Schroth Commonwealth of Virginia, City/£mmty of 4 c A r J C To Wit: Date The foregoing instrument was acknowledged before me this day of / 20,(� by My Commission Expires r File #2795YEAW Notary Public -;t,;Z P'Q Yc;I 6 • P Greenway Engineering Owner Siggature March 7, 2017 Revised April 19, 2017 • Tax Parcel 43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John C. Scully, IV Commonwealth of Virginia, City/Ceuffl� of IV /,?, ,0 < 4� To Wit: S i /f Date The foregoing instrument was acknowledged before me this day of '%le C NI 20-L2 by --Ci Notary Public d�c•' My Commission Expires 3 • 3/_ File #27951/EAW 7 PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2017 Current Owners: C. Robert Solenberger; John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-4185 0 0 Greenmy Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL 43-A-99 PROFFER STATE, MENT REZONING: RZ# M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John B. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John B. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application for the 49.23±-acres Property from tine M1, Light Industrial District with approved proffers to establish 22.16± acres of B2, Business General District and 27.07± acres of M1, Light Industrial District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Property, identified as Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned from the M1, Light Industrial District to the 132, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of C. Robert Solenberger, John B. Schroth and John S. Scully, IV" on the Plat of the Property prepared by File #2795J/EAw 2 • 0 Oreenway lingincering March 7, 2017 Tax Parcel 43-A-99 Rezoning Reviscd April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number 070011053. RUTHERFORD CROSSING — TAX PARCEL 43-A-99 PROFFER STATEMENT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements The Owners proffer to dedicate the land area within the Property for the 350-foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. Tile Owners shall prepare and submit the plat and deed dedicating this land area to Frederick County within 90 days of written request by Frederick County. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with future land development on the Property may be derived from the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements 1. The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County Pile #2795YEAw 3 0 Greenway Engineering March 7, 2017 Tax Parcel 43-A 99 Rezoning Revised April 19, 2017 at the time of issuance of the Certificate o1' Occupancy Permit for any primuly structure constructed on the Property. 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing oil the Property. PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES File #2795ULiAW 4 •I AREA TABULATIONS ZONING AREA M -1 79.03 AC. S7 oe / 58.19 B-2 59.65 AC. TOTAL AREA, = 138.68 AC RIG RE � -mgd� RT. 37 R-O-W fCi 37 R-O-y DEDICAj1,B I i RIGHT-OF-WAY Y \ RESERVATION \ \ off` N76'38'S01Y 3 BE7151\ TAX MAP y 43 A 98 M_1 r VIRCINIA APPLE STORAGE TAX MAP # 43 A 99 INSTRUMENT 200411262 55.45 AC. C. ROBERT SOLENBERGER, VDOc JOHN B. SCHROTH AND -OF-WAY -WAY S42'18'30 W S. 0040017164 1895.36' ERVATION �1 INSTRUMENJOHN T � � 1 � 60'R-O-W I j I a M-1 0 23.58 AC. _ N42' 18'30"E N422'18.38"� N30'36� t 057.31' TAX MAP 43 A 100 E N42 18' Y957.58� o-',�S27'54 0"W /136.54' RUTHERFORD FARM, LLC �'o� �_ _ m 290_28 4' INSTRUMENT 050006702 i B-2 p�. 74 \ 59.65 AC. o ---*--I I C6 \ SAC EDISON E N71'06'49"E FEMA \ \ TOA _� t 94.41' PROPER 'PO _ I 7 I N27'08'02"E LINE Na7'55'3�JV\�c9\�_'y _ 1 69.59' / 270.92' ! _ N42'18'30"E �� m + I TAX MAP q 43 A 99 W C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV INSTRUMENT 040017164 8629g?`k+ J II - w ;\L3 a n� _ o Z � MAINLINE O CORRIDOR R-O-W \\ \\ DEDICATION co ' \ \\♦ r'�iMy c Z a. a » 9 J \`\N = ❑i; Z S27'54'00'%V _- 47.83' Z U AS PROVIDED cl) BY FREDERICK co Z W COUNTY PLANNING O Z a 2 DEPARTMENT (r m Oco Q W 0 Z v CC W � O U _o LL Z O I O 3w O N d 0 U. I � o C, 0 O N N29 '52'1Y I �-� - -lam 79.86'1 d0- N 0_ O_ 0_ O y x 1- Z CI IRVF TARI F NUMBER DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 1'28'32" 5629,58' 144.97 72.49' 144.97' S 00'33'13" E C2 29'18'43" 1321.72' 676.18 345.66' 668.83' S 15!56'51" E C3 1 20'57'23" 2252.00' 823.69 416.50' 819.11' N 50'20'03" E C4 16'15'12" 5629.58' 614.43 307.52' 614.12' S 04'13'45" W C5 12'53'54" 5629.58' 1267.32 636.35' 1264.65' S 18'33'51" W C6 43'58'47" 500.00' 383.80 207.9i' 374.44' N 49'07'26" E ..-�..«.- ..,, ..1-1u-- cnnio--y gun 44, tvvi I 1 0 0 o v o 400 200 0 400 800 2U0 W N Li l N S GRAPHICAL SCALE: 1 " = 400' U) lt_ O 0 • Greenway Engineering Owner Signature March 7, 2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: M. C. Robert Solenberger Commonwealth of Virginia, City/Cea� of Gam` i n c To Wit: Z f /7 Date The foregoing instrument was acknowledged before me this day of Yam' M - Notary Public R ,�2fJ My Commission Expires 3 " 3 ````auuuinNip,, , ►0l.YF'y� ` 01isY P •• �C2•9� ._ TN Fite #t2795YEAW 5 s Greenway Engineering March 7.2017 Revised April 19, 2017 Tax Parcel 43-A-99 Rezoning Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 49 5; John B. Schroth Commonwealth of Virginia, City/emmty of To Wit: The foregoing instrument was acknowledged before me this day of 20i/ -/ by My Commission Expires File #2795J/FAW r .� ;A Date L Notary Public -;raa 9�?- S'p G Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John C. Scully, IV Commonwealth of Virginia, City/C tt-y of�t1 T' To Wit: The foregoing instrument was acknowledged before me this day of 20LZ by My Commission Expires ::? • ✓/ o?O.?G File #2795J/EAW S i 11 Date Notary Public W o9y-?8d 7 PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2017 Current Owners: C. Robert Solenberger; John 11. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of land Planning Greenway Engineering, Inc. 151 Windy Hill bane Winchester, VA 22602 540-662-41 K5 0 0 (ireenway Engineering March 7, 2017 Tax Parcel 13-A -99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL 43-A-99 PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District with Proffers to B-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John i3. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John 13. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application for the 49.23±-acres Property from the M1, Light Industrial District with approved proffers to establish 22.16± acres of 132, Business General District and 27.07± acres of M 1, Light Industrial District with revised proffers, development of the Property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such be approved by the Frederick County Board ol' Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding Upon the Owner and any legal successors, heirs, or assigns. The Property, identified as Tax Map Parcel 43-A-99 is owned by C. Robert Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Numbcr 040017164. The portion to be rezoned from the M I, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the "Plat Showing Street Dedication and Various Easements on the Property of' C. Robert Solenberger, John B. Schroth aild John S. SCLllly, IV" on the Plat of the Property prepared by File 1127951/I:Aw 2 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 Bury+Partners, John E. Krobath, L.S., June 21, 2007, recorded as Instrument Number 070011053. RUTHERFORD CROSSING — TAX PARCEL 43-A-99 PROFFER STATEMENT A. RZ# 17-06 Proffer Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total building structural area and a limit of three Interstate Area Overlay District signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a condition of this Proffer Statement. B. Transportation Enhancements The Owners proffer to dedicate the land area within the Property for the 350-foot wide Route 37 corridor and the interchange ramp access area as identified on Zoning Exhibit "B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and Submit the plat and deed cleclieating this land area to the Frederick County Administrat&F within 90 clays of written request by Frederick County. 2. The Owners proffer to submit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels). Traffic volume calculations associated with Future land clevelopment on the Property may be derived from the current 1TE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that speeifietilly att1al3 improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan clesign for the specific land (level opmen t application. C. Property Development Requirements The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue File #2795YEAw 3 Greenway Engineering March 7, 2017 Tax Parcel 13-A-99 Rezoning Rt-viscd April 19, 2017 services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate Of OCCL1pancy Permit for ally primary structure Constructed on the Property. 2. The Owners proffer to prohibit truck stops (SIC 5541) from developing on the Property. PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES File H2795J/linw 4 • i Greenway Engineering March 7, 2017 Tax Parcel 43-A -99 Rezoning Revised April 19, 2017 Owner Signature The conditions proffered above shall be binding upon the heirs, cxccutors, administrators, assigns and successors in the interest o1' the Owner. In the event the Frederick County Board 01' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y: C. Robert Solenberger Date CommoIlwealth of Virginia, City/County of To Wit: The Foregoing illSti-LIIIICIIt was acknowledged before me this clay of 20 by Notary Public My Commission Expires File V27951/I'.Aw 5 0 0 Greenway Engineering March 7, 2017 Tax Parcel 13-A -99 Rezoning Revised April 19, 2017 Owner Signature The conditions proffered above shall be bincling upon the heirs, executors, administrators, assigns and successors in the interest of' the Owner. In the event the Frederick County Board Of' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Cocle. Respectfully Submitted: John B. Schroth Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Date Notary Public File t12795J/EAW 6 s (ircenway Engineering OwneI' Siwiature March 7, 2017 Revised April 19. 2017 Tax Parcel 13-A-99 Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board 01' Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: John C. Scully, IV Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires File #2795YEAW Date Notary Public PROFFER STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia April 19, 2017 Current Owners: C. Robert Solenberger; John It. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning; Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-41 K5 • 0 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 RUTHERFORD CROSSING - TAX PARCEL 43-A-99 PROFFER STATEMENT REZONING: RZ# M-1, Light Industrial District with Prof -fens to 13-2, Business General District and M-1, Light Industrial District with Revised Proffers PROPERTY: Tax Parcel 43-A-99; 49.23± acres (here -in after the "Property") RECORD OWNER: C. Robert Solenberger, John 13. Schroth and John Scully, IV APPLICANT: C. Robert Solenberger, John 13. Schroth and John Scully, IV (here -in after "Owners") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: March 7, 2017 REVISION DATE: April 19, 2017 Preliminary Mattel's PLII-SLIant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the pi-ovlslolls of the FredeI-ick County Zoning Ordinance with i-espect to conditional 'Lolling, the Undersigned Ownel- hel'eby prof lei's that 111 the event the Board of Supervisors of Frederick County, VII-glnia, shall approve conditional 'Lolllllg amendments pertaining to Rezoning Application for the 49.23±-acres Property from the M1, Light Industrial District with approved proffers to establish 22.16± acres of 132, Business General District and 27.07± acmes of M 1, Light Industrial District with revised prof'l'ers, development of the Property shall be done In conformity with the terms and Conditions set loi'th heI'ein, except to the extent that SL1C11 terns aIld conditions may be sUbsegUendy alllellded oi- i-evlsed by the Owner and SL1CIl be approved by the Frederick County 13oard 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 prof'1'ers shall be binding upon the Owner and any legal successors, heirs, or assigns. The Properly, identified as Tax Map Parcel 43-A-99 is owned by C. Robed Solenberger, John B. Schroth and John S. Scully, IV recorded as Instrument Number 040017164. The portion to be rezoned front the Nil, Light Industrial District to the 132, General Business District is that portion more particularly identil'icd by metes and bounds on page 3 of the "Plat Showing Sti-eet Dedication and Various Easements on the Property of' C. Robert Solenberger, John B. Schroth and John S. Scully, IV" oil the Plat of the Property pi-epal'ed by File 112795J/IiAw 2 u 0 Greenway i.ngineering March 7, 2017 Tax Parcel 13-A-99 Rezoning Revised April 19, 2017 BL1ry+Partners, Johil E. Krobath, L.S., June 21, 2007, recorded as 11nstrUment Number 070011053. RUTHERFORD CROSSING — TAX PARCEL 43-A-99 PROFFER STATEMENT A. RZ# 17-06 Proffer- Statement The Owners recognize that Tax Parcel 43-A-99 was one of three parcels rezoned with proffers by the Frederick County Board of Supervisors on January 24, 2007 under the RZ# 17-06 Rezoning Application. The Owners further recognize that the approved RZ# 17-06 Proffer Statement dated January 17, 2007 establishes a limit of 1,245,000 square feet of total bUllding Structural area and a limit of three Interstate Area Overlay District Signs within the total acreages of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100. The Owners agree that future development activities within the Property will be subject to these limitations as a conclition of this Proffer Statement. B. Transportation Enhancements The Owners proffer to dedicate the land area within the Property for the 350-foot wide Route 37 corriclor and the interchange ramp access area as identified on Zoning Exhibit " B" prepared by Bury+Partners dated January 2007. The Owners shall prepare and submit the plat and deed declicating this land area to klle Frederick County A,'MilliSti-,' within 90 clays of written request by Frederick County. 2. The Owners proffer to sllblllit a Traffic Impact Analysis for future Site Plans proposed for the Property that exceed 26,652 ADT as calculated for land development within the total acreage of Tax Parcels 43-A-98, 43-A-99 and 43-A- 100 (as the acreage of those parcels existed at the time of approval of RZ# 17-06 and including such parcels as may have since been Subdivided from those parcels). Traffic volume calculations associated with future land development oil the Property may be derived front the current ITE Trip Generation Manual, or through actual traffic counts for the Rutherford Crossing project. The Owners proffer that oi-tation system improvements demonstrated by required Traffic Impact Analysis studies will be included in the Site Plan design for the specific land development application. C. Property Development Requirements The Owners proffer to provide a monetary contribution of $0.10 per developed primary structure square foot on the Property for County Fire and Rescue File #2795YEAW 3 • 11 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 services. The monetary contrlbUt1011 shall be made payable to Frederick County at the time of issuance of the Certificate Of' Occupancy Permit for any primary structure constructed on the Property. 2. The Owners prol'l'er to prohibit truck stops (SIC 5.541) from developing on the Property. PROFFER STATEMENT OWNER SIGNATURES ON FOLLOWING PAGES Pile H2795YEAw 4 • Greenway 1?ngineering March 7, 2017 Revised April 19, 2017 • Tax Parcel 43-A 99 Rezoning Owner Sh4nature The conditions proffered above shall be bill(llllg LIp011 the 116I'S, eXCCLltorS, administrators, assigns and SLICCCSSOI-S in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered COnchtions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B y: C. Robert Solenberger Commonwealth of Vlrglnla, City/COLnity Of To Wit: The foregoing iIISlrlllllellt was acknowlcdged before me this clay of' 20 by My Commission Expires Date Notary Public File H2795J/FAW 5 V 9 Greenway Engineering March 7, 2017 Tax Parcel 43-A-99 Rezoning Revised April 19, 2017 • Owner Sit?I ature The conditions proffered above shall be binding Upon the heirs, executors, administrators, assigns and SLICCCSSOI-S ill the interest 01' the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the prol'fered Conditions shall apply to the land rezoned in addition to Other requirements set forth in the Frederick County COLIC. Respectfully Submitted: By: John B. Schroth Date Coillmonwealth of Virginia, City/County Of' To Wit: The foregoing instrument was acknowledged bei'ore 'lie this day of 20 by Ivly Commission Expires Pile 02795YEAw Notary Public 6 Greenway Engineering March 7, 2017 Tax Parcel 13-A -99 Rezoning Rcvisecl April 19, 2017 Owner SIt;I1ature The conditions proffered above shall be billdilig upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick COL111ty Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John C. Scully, IV Com monweal th of'Virginia, City/County of To wit: The foregoing instrument Was acknowledged before me this day of' 20 by ivly Commission Expires File #2795YEAW UaLe Notary Public 7 AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 - Recommended Denial BOARD OF SUPERVISORS: January 24, 2007 91 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 17-06 OF RUTHERFORD CROSSING WHEREAS, Rezoning #17-06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M 1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and Martinsburg Pike (Route 11) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43-A-99 and 43-A-100. An additional property to be subject to proffers, but not to be rezoned, is identified by Property Identification Number 43-A-98. This property is located east of Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike (Route 11) in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 24, 2007; 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 change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from Ml (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #09-07 This ordinance shall be in effect on the date of adoption. Passed this 24th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux Aye Barbara E. Van Osten Aye Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye p A COPY ATTEST John ley, Frederick County Administrator PDRes. #09-07 • r� Greenway Engineering April 5, 2004 Rutherford Crossing Rezonbig Revisal September 5, 2006 Revisal October 26, 2006 Revised November 7, 2006 Revisal November29, 20M r, ,- Revised December21, 2006 JAN 2 2 Revisal January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) REZONING: RZ# 17-06 B-3, Industrial Transition District (22.45± acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; Jolm B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-99 (here -in after the "Applicant") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 ("the 2004 Proffer Statement") REVISION DATE: January 17, 2007 ("the 2006 Proffer Statement") Recitals WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, 9 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43-((A))-111. Preliminaly Matters A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) 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 Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 17-06 for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-100 from B-3, Industrial Transition District to B-2, Business General District and a 8.55±-acre portion of Tax Parcel 43-((A))-99 from M-1, Light Industrial District to B-2 Business General District, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Overlay District ➢ 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Zoning Exhibit `B" prepared by Buiy+Partners, dated January 2007 (see attached Zoning Exhibit `B"). V Grcenwny Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revised January 17, 20D7 PIZOFF, E R STATrl1'NT IA.) Maximum Building Structure Square Feet Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel 1#43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel ##43-((A))-99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. i B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel 1143-((A))-100), hereby proffer that the following land uses shall not be permitted on the B-2, Business General District portion of the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B-2, Business General District portion of the Property) .C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby agrees to the following transportation enhancements: L) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The b Applicant shall enter into and execute a signalization agreement prior to the Cissuance of the first occupancy permit within the B-2, Business General District acreage on the Property. 3 • Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised Octobcr 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design V✓ as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signalwill be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing Interstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between / the proposed primary entrance to the Property and Crown Lane. The / Applicant will provide this analysis to VDOT and will incur the cost required �1 to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-in/right-out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners no later than December 31, 2007. 4 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revisel November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation a.) The Applicant, Rutherford Farm, LLC (Tax Parcel 1t43-((A))-100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. hi the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutlierford Farm, LLC, shall prepare and execute a deed of dedication and a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-Fll, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right-of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located within the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Additionally, die Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Sclu-oth (Tax Parcel #43-((A))-99), hereby agree to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result hi any portion of the land on Tax Parcel #43-((A))-99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. • Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), hereby agrees to prepare and execute a deed of dedication and a right-of-way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B" prepared by Bury-t-Partners, 6�e dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((A))-98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. `�') Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43-((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit 'B" prepared by Bury+Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the -above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering April 5, 2004 Rutherford crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November29, 2006 Revised December 21, 2006 Revised January 17, 2007 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel 1143-((A))-100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel 4t43-((A))-100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the C� Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers to provide an interpretive area in the location of the old Rutherford's kQ Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing C° area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November29, 2006 Revised December 21, 2006 Revised January 17, 2007 ➢ The Second Battle of Winchester ➢ The Battle of Rutherford's Farm ➢ The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 2.) Landscaping The Applicant, Rutherford Faim, LLC, (Tax Parcel #43-((A))-100), hereby agrees \ n to provide a transitional landscape buffer that will be provided along Martinsburg. �( Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general v conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, W, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" • • Grecnway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revisal November 7, 2006 Revisal November 29, 2006 Revised Dccembcr 21, 2006 Revised January 17, 2007 E.) Li htin The Applicant, Rutherford Farm, LLC, (Tax Parcel 4143-((A))-100), hereby agrees that all building mounted lights and pole -mounted lights will be of a downcast nature, liooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Si na e 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, N, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer \The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick. County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised Scptember5, 2006 Revised Oelober 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised Januuy 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner, In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Respectfully Submitted: By: (::)--I Rutherford Farm, LLC Dale Tax Parcel #43-((A))-100 Commonwealth of Virginia, City/County of IZL- IA'&6P L To Wit: The foregoing instrument was acknowledged before me this day of Notary Public My Commission Expires %7 O C/) 3/, Z(.,1 h P 10 • Greenway Gtglnotting April S, 2004 Rutherford Crossing Reaming — Rcvlsud Scptanlxr S, 2006 Reviwd October 26, 2006 Revised Novensbcr 7, 2006 Rcriud Novcmlxr 29, 2006 Rcvlscd Deccmber2l, 2006 Revised January 17, 2007 Signatures tunes The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors In the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ByQ/3au !-- aG:,c Virginia Apple Storage, Inc, Date Tax Parcel #43-((A))-98 Commonwealth of Virginia, ` f \ City/county of , ��t l�Cit PST (Y, V A To Wit: The foregoing instrument was acknowledged before the this jiday of `a In ll A VI 20M by 'D I A 11 e V Q vn S lM � w Notary Public My Commission Expires ^ 3� " Ot o wZ • oteenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December21, 2006 Revlsod January 17, 2007 Signatures Rutherford Crossing Rezoning I ' I The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: C. Robert Solenberger Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/Ebrn4!�-of �J; w c p G T��t \/ f1 To Wit: jk The foregoinginstrumentwas acknowledged before me this day of a Y, 2006 by `' � o1D t? OVe Y) pi e,(g e r ,Potary Public1 My Commission Expires ( 3 o — a 0' () 12 G=WAy Engineering April 5, 2004 Ruthafosd Crossing Rcioning Revised Stpttmba 5, 2006 Revsed Qtnba 26, 2006 Revlscd November 7, 2006 Revised Norembtt 29,1006 Revlsed Doo mba 21, 2006 Revised 3muuy 17, 2007 Si ?rinture5 The conditions proffered above shall be binding upon die heirs, executors, administrators, assigns and successors in the interest of die Record Owner, In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to die laud rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: "By: / John . Scully, IV Date �x Parcel #f43-((A))-99 Commonwealth of Virginia,` ` / Cityte, mtt-y-of � i n p Il !e� c , �/ � To Wit: The foregoing instrument was acknowledged before me this day of 2006 by J 011 \ s- s c U) I'II t IV C� # Notary Public l My Commission Expires 9 3 d— a 0 'l h 13 E Grrmway Engineering April 5, 2004 Rutherford Crossing Rezoning Revs d September 5, 2006 Revised October 26, 2006 Revisal November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised Jwutry 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner, In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: BY: ma's ohn B. Sciuoth Date Tax Parcel #43•((A))•99 Commonwealth of Virginia, ] \ City oun of _ X _� Y1 r �\ sT r� V T1 To Wit: The foregoing instrument was acknowledged before me this i�d y of `n u a rl 1� 2006 by J A Y\ I. I dl �ah Taj. Y� �0, ?� J Notary Public My Commission Pxpires v1 ` 30 ` 'q m b 14 • AREA TABULATIONS ZONING AREA M-1 85.26 AC. B-2 28.66 AC. B-3 22.46 AC. TOTAL AREA = 136.38 AC / // C6 // 575'36'081'E 58.19' J�/ � ,�► ��-N /I� / +1R;•a: N42'18'30'E 1057,31' / TAX MAP y 43 A 100 2 RUTHERFORC FARM, LLC / 22.66 AC. C4 VA 12"w I � .` i).0� /236.59' T•�� �y 270.92' B-2 2EL66 AC. 794.39' i e C7 N44'08'18"F oLv 3 �� _ .�icel r.^.= ca oaf 767.6'SOIY ._L. sae 87.67' M_T I W 55AS AC. r W GG 1 TAX MAP g 43 A 99 m y = TAX MAP S 43 A 96 C. ROBERT SOLENSERGER, P' ,R VIRGINIA APPLE STORAGE. INC, JOHN B. SCHROTH AND m'� JOHN S. SCULLY, IV _+ = rr gg 33pp m T W ib95,36'w 51285S2T54'00'W lW� z 1� g 47.83' '} Y5T'••-t-nai-f .t.:. .15.w 60' R-O-W I Nar16'3o F 1957.C8' _ U ri p0?p41 — rD150N ' u- a= Z g cc �Cr yL CS I TAX MAP / 43 A 99 p N TA% MAP 43 A 111 I ¢ w O N Z '�►- C. ROBERT SOLEWBERGER. C, ROBERT SOL£NBERGER, 1 O JOHN B. SCHROT14 AND U, V' JOHN a. SCHROTH ANO O (� (� < O JOHN S. SCULLY• IV a 'v JOHN S. SCULLY. IV N � ir ct) Z 0 U 29.81 AC. Z o � w w — ?C a LL S38'01'07-W _ _ LJ.I co •45'S2-w � _ I r r �I C1 ri SY CURVE TABLE NUMBERI DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 20.57-23' 2252.00' 823.69 416.50' 819.11' 1 N 50'20'03- E C2 29-18'43- 1321.72' 676.18 345.66' 669.83' S 15'56'51' E C3 1'28'32' 5629.58' 144.97 72.49' 144.97' S 00'33'13' E CC 94'5IT2' 380.00' 629.07 413.61' 559.66' S 11'39'40' W C5 17*36'23 1 1000.00' 1 307.29 1 154.87' 306,08' N 50'17'00' E C6 6-15'12' 1 1 5629.58' 614.43 1 307.52' 614.12' S 04'13'45' W C7 12-53'54' 1 5629.58' 1267.32 1 636.35' 1264.65' S 18.33'51' W 2 2 2007 w N w = T l- O r AREA TABULATIONS ZONING AREA M-1 79.03 AC. B-2 59.65 AC. TOTAL AREA = 138.68 AC *I *I .IlIM 2 2 200i SL 37 R-O- / � DEDICAf.�I' 8'OB E V 58.19' AT. 37 R-O-W l:t DEDICATION RIGHT-CF-WA7N.� \ p \ RESERVATION `32+ SO_W 1 I ` TAX MAP Y 43 A 98 -� VIRGINIA APPLE STORAGE TAX MAP / 4 INSTRUMENT 200411252 55.45 AC.'C. ROBERT SOLENBERGER, VOOT JOHN B. SCHROTH AND T-OF-WAY S42'18'30-W ,10tiN S. SCULLY, IV ZRVAT10N 1895.36' I `+ INSTRUMENT 040017164 l/ Sa2'tE1285.1 M-1 �,�• N42'18'30-E �I 123.58 AC. �� Z-1� Ns N30'3f�,T� /" ' 10$7.31' TAX MAP f 43 A 100 1 RUTHERFORD FARM, LLC 4 IN42 t8. p{-^'�"T§$�•`�._ 4' INSTRUMENT 05DO06702 �J B-2 I 0 14- 5 \�\ _ e _1 vim— ^r/6 — £0150� C0� NJ1 94.4 E 59.65 AC. p 7 I N2T08 0; 147'55'��'\\ 1i"-'_�-•C = _ _ _ 1 69.58 \ J z 270.92' � � � � - -_ N42.18'30`E m i ar\ � 38 t.7i c TAX MAP 1 43 A 99 �+•� J / C. ROBERT SOL.ENBERCER, JOHN B. SCHROTH AN11 INSTRUMENT 040017164 $38'01'07-W 96P J 99 J`4' i 96147' 1 \ v N I N _C3 u c Z O El)o �A 18"E RT. 37 MAWLINE a 't'. ♦♦ CORRIDOR p o + \ L an \` \+ \\ `\ \+ \ \♦ \ DEDICATION u Ma pp•�'G" _— �51-7.83' 47,63''00'w 27-54 01v 290.28 Z U R T m { S BY Z Z FPRROVIDECD( COUNTY PLANNING O FEMA DEPARTMENT (t m Q > OPERT LINE V = N W cr W o O U) U LL Z O a o O W O W Nzz¢ CL ry cc () O r` o 0 I N N N29 52'V/ ��-_�• / "�' -=- — — 0 N N Y Ir I- N tt I II z a CI IPVF TART F \1 NUMBER DELTA RADIUS ARC LENGTH TANGENT I CHORD LENGTH CHORD BEARING C1 1'2832" 5629.58' 144.97 72.491 144.97' S 00'33'13" E C2 29'18'43- 1321.72' 676.18 345.66' 668.83' S 15*56'51" E C3 20'57'23" 2252.00' 823.69 416.50' 819,11' N 50'20'03" E C4 6'15'12" 5629.58' 614.43 307.52' 614.12' S 04'13'45" W C5 12'53'54' 5629.58' 1267.32 636.35' 1264.65' S 18'33'51' W C6 43'58'47- 500.00' 383.60 201.91' 374.44' N 49'07'26- E .vc<✓—vIa —VI I—C—CfUG><llVrrtVrVJCU CVINIINV LA—DlI.UW(3 ion LL. LUul 400 200 0 400 800 1200 N LLI GRAPHICAL SCALE: 1' = 400' = NuJ Li O i i AREA TABULATIONS ZONING AREA M-1 85.26 AC. B-2 28.66 AC. B-3 22.46 AC. /! / JNC TOTAL AREA = 136.38 AC. 4, // C6 S75'36'08"E 58.19' 3 N42'18'30 E - 76'38'50"W oc w •� c 87.67' M_1 / w on9'Gm 55A5 AC. TAX MAP R 43 A 99 ��" = ; TAX MAP p 43 a 9d C. ROBERT SOLE4BERGER. •"' �o — ❑ o = n ` VIRGINIA APPLE STORAGE, INC. JOHN B. SCHRO TH AND m14 O JOHN S. SCULLY. IV �T Z U r e 3p W i8951J6w '- s2r7.83',y 45.4'0 60, R-O-W TAX MAP 0 43 A 100 �2 RUTHERFORD FARM. "C N /// // 13-3 22.66 AC. m > LI m _ C4 I \ N.Sg.O m POTOMAC EOISD�0. /i• // /236.59' ��s Sg> 286� -'! 65�� !� �� TAX MAP y 43 A 99 C l' 225� = JOHN BtTSCH OTEHAND JOHN S. SCULLY, IV N4r55'36" / B-2 u u M-1 29-81 AC. /� /, Sst,>5. ' `��Eo 28.66 AC. ,/ // / I S38.01'0� 1N29'45'52'W �n 96 47' 527.g4'OD-`H �� �Q 2---- _—_-- TAX MAP 943 AIll C. ROBERT SOLENBERGER, JOHN S. SCHROTH AND JOHN S. SCULLY, IV CURVE TABLE ` NUMBER DELTA RADIUS ARC LENGTH TANGENT I CHORD LENGTH CHORD BEARING C1 20'57'23' 2252,00' 823.69 416.50' 819.11, N 50'20'03' E C2 29'18'43' 1321,72' 676.18 345.66' 668.83' S 15'56'51' E C3 1'28'32' 5629.58' 144.97 72.49' 144.97' S 00'33'13' E C4 94.51'02' 380.00' 629.07 413.61' 559,66' S 11'39'40' W C5 17.36'23' 1 1000,00' 1 307.29 154.87' 306.08, N 50.17'00' E C6 6'15'12' 1 5629.58' 614.43 307.52' 614,12' S 04.13'45' W C7 12-53'54' 1 5629.58' 1267.32 636.35' 1264.65' S 18'33'51' W s JAN 2 2 2007 Q � 6 LL CJOa2 Z a� J X CC Q LU OoZ N oLb z =) — 0 W D Z Z cYi ADO ww! X zLL w I- A I• AREA TABULATIONS ZONING AREA M-1 79.03 AC. RT. 37 R-O-W 37 R-O-% DEDICATION DEDICAjl�i.i 0,5 4Nj RICFIT-OF-WAY ♦ ` \ ` \\` \ ♦ ` ` ' B-2 59.65 AC. G ,d \ RESERVATION ♦ ♦ \ \ \ ` ` ` TOTAL AREA = 138.68 AC // / /Y� 4y ��N �` ` N / ♦ TAX MAP M 43 A 98 M-1 �♦ �\ �♦ `�' / De \ NRGINIA APPLE STORAGE TAX MAP 0 43 A 99 `♦ `\ ♦\ INSTRUMENT 200411262 55A5 AC. C. ROBERT SOLENBERGER. ` VI) JOHN B. SCHROTH AND �♦` ♦ �`� RIGHT-OF-WAY Sa2't 8'30`w JOHN S. SCULLY. IV \ \ 1895.36' INSTRUMENT 040017164 RESERVATION \1 S42'18'29 1285.15' \� — i 80• R-O-w I / 1 I M-1 jo! 2 2 200i NUMBER DELTA Cl 1'28'32" C2 29'18'43" C3 20'57'23" C4 6'15'12" C5 12'53'54" C6 1 43 5847" Gn20225—NVRetoi1001 — RADIUS � N42't8'}0 E o 123.58 AC. ! N4�18JC'E' zJ - - 1'3El,Y� �` 1057.3,' TAX MAP 143 A 100 -1 I T957.58'�' o �527'54 �6.5 RUTHERFORD FARM, LLC m� N42 18' 0:E— m 290.28 INSTRUMENT 050006702 14e 1 ZU2 _--- /4A DE — 59.65 AC. I _�POlOMAC Ea50� `0 1 N7�i 94.4 i'E N26959Z,E LINPROOPEE 270.92 \�Yv — _ N42'1d'30'E TAX MAP N 43 A 99 m C. ROBERT SOLENBERGER, i JOHN 8. SCHROTH AND } JOHN S, SCULLY, IV INSTRUMENTSTRU \� STRUMENT 040017164 S3$O1'07`W • 96? 1y i I 963 4%' JI _C3 u N N29 '52`w ���, r1 . - _i= _ 79.86' S t ly CURVE TABLE ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING 144.97 72.49' 144.97' S 00'33'13" E 676.18 345.66' 668.83' S 15'56'51' E 400 200 0 400 800 823.69 416.50' 819.11' N 50'20'03" E 614,43 307.52' 614.12' S 04'13'45' w GRAPHICAL SCALE: 1" = 400' 1267,32 636.35' 1264,65' S 18'33'51" w 383.80 201.91, 374.44' N 49'07'26" E EXh�PROPOSED ZONING EXHIBIT.dwO Jon 22, 2007 Z z m c C� !� O o L s RT. 37 MAINLINE 0 m \ V CORRIDOR !' h h • \ \` `\ DEDICATION ct p ai c e . ♦\\ Z — cv „ • \\ \\ W op C ,� I -9 \ .w yc'=oa \`\ m = U Lm U F M� z U RT. 37 ALIGNMENT Ir S Z AS PROVIDED BY .� z y FREDERICK COUNTY PLANNING O O O Q DEPARTMENT Q m O < > U { CC x in Go � CC w <� O C7 to u- z O o Iz a I W Z O O 11 W LL 0 N I p o O n N C) N N I ao.ao II � a ' w. e p C 0 O U 0 4 1200 N w S N <n LL. O AMENDMENT Action: PLANNING COMMISSION: June 2, 2004 - Recommended Approval BOARD OF SUPERVISORS: July 14, 2004 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-04 OF RUTHERFORD, LLC WHEREAS, Rezoning #06-04 of Rutherford, LLC, submitted by Greenway Engineering, to rezone I3.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, Ml (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage is located within the northeast quadrant of the Interstate 81 interchange area, which is north and adjacent to Martinsburg Pike (Route I 1 North), and east and adjacent to Interstate 81, and is identified by Property Identification Number(s) 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A- 101, and 43-A- I I I in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on June 2, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 14, 2004; 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 change 13.4 acres from the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, M 1 (Light Industrial) Districts to the B2 (Business General) and B3 (Industrial Transition) Districts, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #09-04 This ordinance shall be in effect on the date of adoption. Passed this 14'h day of January, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gina A. Forrester Aye Gary Dove Aye W. Harrington Smith, Jr. Aye Bill M. E%Aing Aye Lynda J. Tyler Aye A COPY ATTEST i Jolu7 iley, Jr. Frederick County Administrator 161 PDRes. #09-04 0 0 Greenway Engineering April 5, 2004 Rutherford, LLC Rezoning RUTIIERFORD'S FARM INDUSTRIAL PARK REZONING Tax Parcels 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100 43-A-101 & 43-A-111 Stonewall Magisterial District Prelimimry Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, . the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 01F for the rezoning of Tax Parcel 43-A-101, consisting of 0.75 acres, from RA, Rural Areas District to B2, Business General District, and to reconfigure the current Ml, Light Industrial District, B3, Industrial Transition District and B2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts • 104.12 acres ofM1, Light Industrial District • 22.45 acres of B3, Industrial Transition District • 28.64 acres of B2, Business General District Overlay District 0 155.21 acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property is comprised of several Tax Parcels, and is more particularly described as the lands owned by Rutherford, LLC being all or part of Tax Map Parcels 43-A-96, 43-A-97, 43-A-98, 43-A-99, 43-A-100, 43-A-101 and 43-A-111. A.) Maxunum Building Structure Square Feet The applicants hereby proffer to limit the total building structures to 1,400,000 square feet for the entire 155.21 acres. • 0 Greemvay Engineering April 5, 2004 Rutherford, LLC Rezoiung B.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) C.) Transportation 1.) Traffic Signalization a.) A traffic signal will be installed by the applicants when warranted by the Virginia Department of Transportation at the intersection of the proposed Industrial Park entrance and the unnamed Comprehensive Plan collector road in the configuration and design as approved by VDOT. The applicants shall enter into and execute a signalization agreement prior to the first site plan approval of said Industrial Park. b.) A traffic signal will be installed by the applicants when warranted by VDOT at the southbound ramps of the 317 interchange and U.S. Route 11 in the configuration and design as approved by VDOT. The applicants shall enter into and execute a signalization agreement prior to the first site plan approval of said Industrial Park, 2.) Intersection Improvements Intersection improvements at the proposed two entrances will be installed and paid for by the applicants. The existing multi -lane system on U.S. Route I l will be extended north to the intersection of the proposed County Comprehensive Plan Collector Road. All left and right turn lanes and pavement transitions north and south of proposed County Comprehensive Plan Collector Road on U.S. Route 1 I will be installed and paid for by the applicants. The improvements shall be completed within one year of the first site plan approval and prior to the second site plan approval for the Rutherford's Farm Industrial Park. If all or part of the intersection improvements are required for the first site plan of the Rutherford's . Farm Industrial Park, they shall be made part of and constructed with this first site plan. i 0 Greenway Cngii,,aring April 5, 2004 Rutherford, LLC Rezoning 3.) Riglit of Way Dedication a.) The applicants hereby agree to dedicate right of way to the Commonwealth of Virginia along U.S. Route 11 adjacent to the property as determined by VDOT. Tlus riglit of way dedication shall be recorded prior to the approval of the U.S. Route 11 construction plans prepared for the Rutherford's Farm Industrial Park as noted in Proffer C2 (Intersection Improvements) and Proffer C5 (Route 11 and Northbound I-81 Ramp Improvements). b.) The applicants hereby agrees to dedicate right of way to the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way dedication shall be recorded prior to the master development plan approval forRutlierford's Palm Industrial Pai$. 4.) Comprehensive Plan Road Construction The applicants hereby agrees to coordinate, set aside right of way, and construct the portion of the major collector road traversing on the land herein to be rezoned and developed and as outlined in the Frederick County Comprehensive Plan Northeast Land Use Study adopted by the Frederick County Board of Supervisors on September 27, 2000. Said collector road will be incorporated to and constructed with each site plan submission that is adjacent to or part of the site plan. 5.) Route 11 and Northbound I-81 Ramp Improvements The applicants will construct a third sothbound lane on US Route 11 from the northern most entrance of the applicants' property to the northbound I-81 ramp of Exit 317. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the northbound entrance ramp of the Exit 317 interchange. Additionally, the applicants will construct turning radius improvements at the entrance ramp to ensure a smooth transition. The improvements shall be completed within one year of the first site plan approval and prior to the second site plan approval for the Rutherford's Farm Industrial Park. If all or part of the intersection improvements are required for the first site plan of the Rutherford's Farm Industrial Park, they shall be made part of and constructed with this first site plan. Greemvay Engineeiing April 5, 2004 Rutherford, LLC Rezoning D.) Historic Resource 1.) Interpretative Signs The applicants hereby proffer to provide an interpretive area in the location of the old Rutherford's Farm House along U.S. Route 11 and more particularly at the location of the old concrete steps that now remain. An easement of sufficient size will be provided for a pull -off area and viewing. Three interpretative plaques will be provided. They are as follows: • The Second Battle of Winchester The Battle of Rutherford's Farm • The Rutherford's Farm House The interpretative plaques will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. All work performed for the pull -off area will meet the minimum standards of Virginia Department of Transportation and Frederick County Ordinances in respect to Highway pull -off and safety. Ground maintenance of the interpretative area will be performed by the Rutherford's Farm Industrial Park Association under a separate continuous approved permit issued by VDOT. 2.) Landscaping A transitional landscape buffer will be provided along U.S. Route 11 from Interstate 81 traveling north to the Comprehensive Plan collector road and transmission power line easement. This landscape easement will be 15' in width and will consist of a low earthen mound of 23' in height with plantings of ground covers, flowers, and grasses. Indigenous trees such as redbud, oaks, cedars, etc, will be incorporated along said landscape easement in a cluster mass fashion to provide a naturally planted look. The maintenance of said landscape buffer will be the responsibility of the Rutherford's Farm Industrial Park Association and will be installed with the first commercial development adjacent to said easement. 3.) Industrial Park Name The applicant hereby proffers the naming of the Industrial Park to: "Rutherford's Farm Industrial Park" i 0 Greemm,ay Eiigincering Apri15, 2004 Rutherford, LLC Rezoning E.) Lighting Building mounted lights and pole -mounted lights will be of a downcast nature and shielded and directed away from adjacent properties surrounding the proposed project. Lighting plans will be submitted as a separate attachment for review and approval by the Frederick County Planning Department prior to installation. F.) Signage 1.) Within the M1 (Light Industrial) Zoning District, the applicants hereby proffer that all freestanding business signs shall be monument -style not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) Zoning District, the applicants hereby proffer to limit the total numbcr of signs to three. G.) Recycling Proffer Recycling programs will be implemerted with each Industrial Park user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. This program will be reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy permit. H.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application fl is approved, and the property is subsequently developed within any of the B2, B3, and M1 zones, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 10,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid at the time of the first site plan submission I.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Greenway Enghwering Apri15, 2004 Rutherford, LLC Rezoning Respectfully Submitted: By: o LA utherford, LLC Date Commonwealth of Virginia, City/County of `��J1} l.('�1���e,'t� To Wit: The foregoing instrument was acknowledged before me this5 ` day of. -Jill a:AJ,2 2004 by _ U t n L. . ISCAIIY , ig J taffy Public My Commission Expires _ , • 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING April 19, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 • RE• Rutherford Crossing Parcel 43-A-99 Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Rutherford Crossing Parcel 43-A-99 rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific continents have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick County Fire Marshal — Comment dated March 17, 2017 •3 Rezoning Approved. City of Winchester Public Services — Comment dated March 24, 2017 The City of Winchester has no comment as water and sewer are provided by FCSA. Frederick Planning Department — Comment dated March 27, 2017 The 2035 Comprehensive Plan identifies the property with an. industrial zoning designation. In general, the proposed commercial rezoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of the site, its location to Martinsburg Pike and the I-SI interchange and the am.oun.t of connn.ercial land in. close proximih, to this site, the requested commercial may be acceptable. COMMENT RESPONSE: Agreed. The 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning Is the only remaining land area located on the east side of the Winchester & Western Railroad. This portion of the subject property is bound by commercial, retail, restaurant and office land use. The depth of the 22.16±-acre portion of the Engineers Surveyors Planners Nnvironmental Scientists Laboratory Telephone 540-6624185 Pax 540-722-9528 www.greenwayeng.com Project #2795YEAW • 0 subject property proposed for B-2, Business General District rezoning is approximately 350', which is more conducive for commercial, retail and restaurant land use than industrial land use. These factors demonstrate that the 22.16±-acre portion 01' the subject property proposed for B- 2, Business General District rezoning Is consistent with existing and future commercial land use development and is consistent with good planning practice in determining conformity to the Comprehensive Plan. Proffer" BI should be revised to remove " ndnzini.slrator" fr"onz the dedication. language. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. •:• Proffer B2 states "specifically attributable" transportation improvements. Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to eliminate the term "specifically attributable" to address this recommendation. Frederick County Attorney — Comment dated Marcli 30, 2017 s• It is recommended that the second paragraph of "Prelinl.inary Matthers" be revised to incorporate language specific to the portion of the property being rezoned to the B2 District. Proffer B2 identifies the existing agreement for inter -parcel access; however, there is no legally recorded agreement within the County land records, nor does the proffer statement provide an exhibit identifying the locationof the inter -parcel access. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. •:• It IS TL'COmm.erlCled that Proffer B2 is clarified t0 lderl/!f); the referenced parcels property identification. numbers as they existed at the time of the previous rezoning and that they may have since be further subdivided. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. Staff should be aware that Proffer B2 commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Project #2795J/EAW 2 U • Frederick County Sanitation Authority — Comment dated April 5, 2017 •:• It is requested that, the applicationoffer clarification regarding the Impact Analysis Statement reflecting a 22.16 acre rezoning withh the acreage o%the entire property being 49.23 acres. COMMENT RESPONSE: The 49.23 acre property is currently zoned M-1, Light Industrial District and is located on the east and west side of the Winchester and Western Railroad (W&WR). The 22.16 acres proposed for B-2, Business General District is located on the east side of the W&WR and is the land area that is the basis for calculating water and sewer impacts. Approximately 95% of the subject property located on the west side of the W&WR is located within floodplain and over 50% of this area is encumbered by Route 37 right-of-way dedication area, which is proffered. These factors significantly limit the future development potential of the 27.07 acres of the subject property located on the west side of the W&WR. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent upon the applicant per-/'orming a technical analysis of the existing sanitary sewer system. within this area 10 be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system. to increase sewer flow efficiency in. order to introduce additional flows to the sewer conveyance system. COMMENT RESPONSE: Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to prepare sewer system analysis and design required by code and applicable law for their specific development plans. The results of this work will determine specific sewer system improvements for individual development projects on this acreage. ❖ The property owner may be enabled to develop a connection. to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in. Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. COMMENT RESPONSE: Future developers of land within the subject property will comply with the requirements of the Route 11 North Industrial Service Area Grant in Aid of Construction agreement for connection to the sanitary sewer system if applicable. FCSA is offering these comments without benefit of knowledge of the specific use of the site. FCSA would welcome ail opportunity to review arry proffers which may serve to mitigate any water and sewer deficiencies in the presented rezoning proposal. Project #2795YEAW 3 COMMENT RESPONSE: The rezoning application does not offer proffers for water and sewer infrastructure. Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to determine specific water and sewer system improvements for individual development projects on this acreage. Frederick County Transportation — Comment dated April 10, 2017 1 see no issue with the TIA Waiver request and determine that you do not need a new TIA at this time. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver will be included in the Rezoning Application filing packet. •:• I have concern with the use of the "specifically attributable" language in. the transportation proffers. Recent legislation uses this language for residential development but not for commercial development. If this development finds itself in a position. that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development front the perspective of conditions at that time. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Frederick-Wincliester Service Authority — Comment dated April 12, 2016 No Comments. VDOT — Comment dated April 18, 2017 VDOT is satisfied with the trartsportation proffers of in this rezoning application. Frederick County Public Works Department — Comment dated April 19, 2017 A comprehensive review of storrnwater management, erosion and sedimentation control, site grading, etc. will be performed at the time of site plan. review. COMMENT RESPONSE: Agreed. Any proposed disturbance of wetlands, floodpla.in, etc. will be permitted and mitigated at the time of land disturbance application. COMMENT RESPONSE: Agreed. Project #2795J/GAW 4 E As part of the original Rutherford Crossing development, off -site drainage improvements were performed on the DeHaven property. A review and inspection of' the downstream properties shall be petforrned by the developers, property owner and County staff to ensure channel improvements are functioning as designed and constructed. if channel improvements are required the work shall be performed as part of the new development. Storm.water design requirements shall comply with Frederick County Chapter 143 and VDFQ requirements. COMMENT RESPONSE: Agreed. Please advise me if you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of all review agency comments identified in this letter as part of the rezoning application filing. Sincerely, Evan Wyatt, Direc or of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project #2795JBAW 5 14 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 27, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Rutherford Crossing Property Identification Number (PIN): 43-A-99 Dear Evan: I have had the opportunity to review the draft rezoning application for the Rutherford Crossing property. This application seeks to rezone a 22.16 acres from the M1 (Light Industrial) District with proffers to the B2 (General Business) District with proffers and 27.07 acres from the M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. Staff's review comments are listed below for your consideration. 1. Northeast Land Use Plan. The 2035 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 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. 2. Proffer B — Transportation Enhancements. Proffer B1 should be revised to remove "Administrator" from the dedication language. Proffer B2 states "specifically attributable" transportation improvements, Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. 3. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Je Page 2 Mr. Evan Wyatt RE: Rutherford Crossing March 27, 2017 Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, and the County Attorney. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director Attachment CEP/pd 9 • t'V46, FND` '971 GREENWAY ENGINEERING April 19, 2017 151 Windy Hill Lane Winchester, VA 22602 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Rutherford Crossing Parcel 43-A-99 Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Rutherford Crossing Parcel 43-A-99 rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick County Fire Marshal — Comment dated March 17, 2017 Rezoning Approved. City of Winchester Public Services — Comment dated March 24, 2017 The City of Winchester has no comment as water and sewer are provided by FCSA. Frederick Planning Department — Comment dated March 27, 2017 The 2035 Comprehensive Plan identifies the property with an industrial zoning designation. In general, the proposed commercial rezoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of the site, its location to Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. COMMENT RESPONSE: Agreed. The 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the east side of the Winchester & Western Railroad. This portion of the subject property is bound by commercial, retail, restaurant and office land use. The depth of the 22.16±-acre portion of the Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #2795J/6A W r 0 • subject property proposed for B-2, Business General District rezoning is approximately 350', which is more conducive for commercial, retail and restaurant land use than industrial land use. These factors demonstrate that the 22.16±-acre portion of the subject property proposed for B- 2, Business General District rezoning is consistent with existing and future commercial land use development and is consistent with good planning practice in determining conformity to the Comprehensive Plan. Proffer BI should be revised to remove "Administrator" from the dedication language. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. •3 Proffer B2 states "specifically attributable" transportation improvements. Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to eliminate the term "specifically attributable" to address this recommendation. Frederick County Attorney — Comment dated March 30, 2017 ❖ It is recommended that the second paragraph of "Preliminary Matthers" be revised to incorporate language specific to the portion of the property being rezoned to the B2 District. Proffer B2 identifies the existing agreement for inter -parcel access; however, there is no legally recorded agreement within the County land records, nor does the proffer statement provide an exhibit identifying the location of the inter -parcel access. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. ❖ It is recommended that Proffer B2 is clarified to identify the referenced parcels property identification numbers as they existed at the time of the previous rezoning and that they may have since be further subdivided. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. ❖ Staff should be aware that Proffer B2 commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Project #2795J/EAW Ir 0 0 Frederick County Sanitation Authority — Comment dated April 5, 2017 ❖ It is requested that the application offer clarification regarding the Impact Analysis Statement reflecting a 22.16 acre rezoning with the acreage of the entire property being 49.23 acres. COMMENT RESPONSE: The 49.23 acre property is currently zoned M-1, Light Industrial District and is located on the east and west side of the Winchester and Western Railroad (W&WR). The 22.16 acres proposed for B-2, Business General District is located on the east side of the W&WR and is the land area that is the basis for calculating water and sewer impacts. Approximately 95% of the subject property located on the west side of the W&WR is located within floodplain and over 50% of this area is encumbered by Route 37 right-of-way dedication area, which is proffered. These factors significantly limit the future development potential of the 27.07 acres of the subject property located on the west side of the W&WR. ❖ Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent upon the applicant performing a technical analysis of the existing sanitary sewer system within this area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. COMMENT RESPONSE: Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to prepare sewer system analysis and design required by code and applicable law for their specific development plans. The results of this work will determine specific sewer system improvements for individual development projects on this acreage. •*e The property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. COMMENT RESPONSE: Future developers of land within the subject property will comply with the requirements of the Route 11 North Industrial Service Area Grant in Aid of Construction agreement for connection to the sanitary sewer system if applicable. FCSA is offering these comments without benefit of knowledge of the specific use of the site. FCSA would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the presented rezoning proposal. Project #2795J/EAW 3 COMMENT RESPONSE: The rezoning application does not offer proffers for water and sewer infrastructure. Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to determine specific water and sewer system improvements for individual development projects on this acreage. Frederick County Transportation — Comment dated April 10, 2017 1 see no issue with the TIA Waiver request and determine that you do not need a new TIA at this time. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver will be included in the Rezoning Application filing packet. ❖ 1 have concern with the use of the "specifically attributable" language in the transportation proffers. Recent legislation uses this language for residential development but not for commercial development. If this development finds itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Frederick -Winchester Service Authority — Comment dated April 12, 2016 No Coinnients. VDOT — Comment dated April 18, 2017 VDOT is satisfied with the transportation proffers offered in this rezoning application. Frederick County Public Works Department — Comment dated April 19, 2017 A comprehensive review of stormwater management, erosion and sedimentation control, site grading, etc. will be performed at the time of site plan review. COMMENT RESPONSE: Agreed. Any proposed disturbance of wetlands, floodplain, etc. will be permitted and mitigated at the time of land disturbance application. COMMENT RESPONSE: Agreed. Project #2795UEAW 4 J As part of the original Rutherford Crossing development, off -site drainage improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developers, property owner and County staff to ensure channel improvements are functioning as designed and constructed. If channel improvements are required the work shall be performed as part of the new development. Stormwater design requirements shall comply with Frederick County Chapter 143 and VDEQ requirements. COMMENT RESPONSE: Agreed. Please advise me if you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of all review agency comments identified in this letter as part of the rezoning application filing. Sincerely, Evan Wyatt, Direc or of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project #2795YEAW 5 • Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Saturday, May 06, 2017 9:18 AM To: Evan Wyatt Cc: Candice Perkins Subject: Re: Rutherford Crossing Revised Proffer Statement Dear Evan, I have now reviewed the revised proffer statement, dated April 19, 2017, and find it would be legally sufficient as a proffer statement. Sincerely, Rod Sent from my iPad On May 3, 2017, at 2:36 PM, Evan Wyatt <ewyatt@greenwayeng.com> wrote: Thanks Rod - I appreciate it! Sent from my iPhone On May 3, 2017, at 2:35 PM, Rod Williams <rwillia@fcva.us> wrote: Evan — Thanks for checking in. I will try to be sure have reviewed and provided any further comments by early next week. -.. From: Evan Wyatt [mailto:ewyatt@greenwayenq com] Sent: Wednesday, May 03, 2017 10:45 AM To: Rod Williams Cc: Candice Perkins Subject: Rutherford Crossing Revised Proffer Statement Hi Rod, I hope this message finds you doing well. I wanted to touch base today in the event you will be out for the Bloom the next couple of days to see if you will have a chance to review and comment on the revised proffer statement that I submitted last week. I met with Candice and this updated comment will allow me to file the rezoning before the cut-off next Friday. Please contact me if we need to discuss anything and I will be glad to stop by your office next week if necessary. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Q 4�1J1�I7I' I of' +ll +'I[��+,��IIC Roderick R. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwiHiaC@co.frederick.va.us March 30, 2017 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Rutherford Crossing Parcel 43-A-99 Proffer Statement dated March 7, 2017 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 43- A-99 (the "Property"), 49.23t acres, more or less, in the Stonewall Magisterial District, from the M1 (Light Industrial) District, with proffers, to the B2 (General Business) District, with proffers, and the M1 (Light Industrial) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the second paragraph of "Preliminary Matters", for clarity, it may be best to split the sentence into two sentences at the semicolon and for the second sentence to begin with "The portion to be rezoned from the Ml, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the `Plat Showing Street Dedication ... "'. • In Proffer B2, also for clarity, immediately following the reference to Tax Parcels 43-A-98, 43-A-99 and 43-A-100, it may be best to add a parenthetical stating "(as 107 North Kent Street o Winchester, Virginia 22601 Mr. Evan Wyatt March 30, 2017 Page 2 the acreage of those parcels then existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels)". Also with respect to Proffer B2, staff should be aware that the proffer commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerel , ARoderickilliams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) • • Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4165 Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center Current zoning: M-1 Zoning requested: s-2 (Portion) Acreage: 22.16t Ac Virginia Department of Transportation Comments: g Ur VDOT Signature &Date: Notice o VDOT - Please Return Form to Applicant U11 • • Evan Wyatt From: Funkhouser, Rhonda (VDOT) <Rhonda.Fun khouser@VDOT.Virginia.gov> Sent: Tuesday, April 18, 2017 4:25 PM To: Evan Wyatt Cc: 'John Bishop'; Smith, Matthew, P.E. (VDOT) Subject: Rutherford Crossing Parcel 43-A-99 - VDOT Comments to Rezoning Attachments: Scanned from EDNXerox.pdf A VDOT review has been completed on the Rutherford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers offered in this rezoning application. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 5,10/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov • Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Monday, April 10, 2017 1:06 PM To: Evan Wyatt Cc: matthew.smith@vdot.virginia.gov; Candice Perkins Subject: Rutherford Crossing Evan; Regarding the request for TIA waiver and proffers for Rutherford Crossing 1 have the following for you. I see no issue with the TIA waiver request and determine that you do not need a new TIA at this time. Regarding the transportation proffers I have concern over the use of the 'specifically attributable' language. While I understand that this language has been used in recent legislation, that legislation focused on residential and not commercial development. If this development does find itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. Thanks John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 • 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 March 27, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Rutherford Crossing Property Identification Number (PIN): 43-A-99 Dear Evan: I have had the opportunity to review the draft rezoning application for the Rutherford Crossing property. This application seeks to rezone a 22.16 acres from the M1 (Light Industrial) District with proffers to the B2 (General Business) District with proffers and 27.07 acres from the M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. Staff's review comments are listed below for your consideration. 1. Northeast Land Use Plan. The 2035 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 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. 2. Proffer B — Transportation Enhancements. Proffer B1 should be revised to remove "Administrator" from the dedication language. Proffer B2 states "specifically attributable" transportation improvements, Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. 3. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Page 2 Mr. Evan Wyatt RE: Rutherford Crossing March 27, 2017 Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, and the County Attorney. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director Attachment CEP/pd 10 0 Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Sheet Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review... Attach, a copy of your application form, location, map, proffer statement„rzripact analysis, and .any-otli'ei pertrent >!irfot miat�on . t•. - - f Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive Internal to the Rutherford Crossing Commercial Center Current Zoning: M-1 Zoning requested: B-2 (portion) Acreage: 22.16t Ac City of Winchester's Comments: /�� �. / f"c/ ' � W ' j%%' h c�S �i<-e�-- �iz S ho �v.,�rt'/P n�� GL S• City of Winchester's Signature & Date: Notice to C Winchester - Please Return This Form to the Applicant 29 0 Evan Wyatt From: Helm, Richard <rhelm@fredwin.com> Sent: Wednesday, April 12, 2017 5:52 PM To: Evan Wyatt Cc: Eric R. Lawrence Subject: Re: Rutherford Crossing Rezoning Application Attachments: City Public Services Comments 3-24-17.pdf As fond as Eric Lawrence and FCSA are comfortable with it, I have no comment. Get Outlook for Android On Wed, Apr 12, 2017 at 3:04 PM -0400, "Evan Wyatt" <ewyatt(@greenwayeng.com> wrote: Hi Dick, It was good talking with you this afternoon. As discussed, please advise if FWSA has any comments specific to the rezoning application request in addition to those provided by the City Public Services Director (see attached). If not, please respond to this message accordingly and I will use this for the rezoning application filing packet. Thanks again, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com tr`-ff ENGINEERING OiWaimcr: -'71'. c:1'I: , it.l'11 :ii:(t, I,IVll ?il(1 Ill'V'i;r�'�'(I :'�n ..i ilp' (I I. 11r Ut tip Illl!'11111'ij rthl'llt t",f :�1I`� irylr :'.. li', l', :j l` ((I �111t H)II rlf (�ISI I�SIIrP}))I •, .' i)�':"ll: �tl �;i It ', '1 I�. r l!t (; tli'. 11 it �1�1; ..� i''I tli l'�:'�r notliy till')wj (wt, il... i.lI11d , i', ..!�'1'. 7 y H" 0 • Rezoning Comments Frederick County Fire Marshal Niail to: Frederick County Fire Marshal 1800 Coverstonc Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Covcrstone Drive Winchester, Virginia I Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 161 Windy Hill lane Winchester, VA 22602 Location of properly: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center Cun-ent zoning: M-1 Zoning requested: B-2 (portion) Acreage: 22.16t Ac Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED HM 13 2017 0 0 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverslone Drive Winchesler, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Eiiiai1.-fiiio@fcva.us Plan Review & Comments Date Received 3/13/2017 Plan/Permit Type Rezoning 03-13-17 Name Rutherford Crossing Parcel 43-A-99 Address Market St/Milton Ray Dr Winchester Project Name Rezoning 03-13-17 Applicant Name & Number Greenway Engineering 540-662-4185 R E# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Signature: — Reviewed By: Kenneth Scott, Jr. Title: Adequate Inadequate fit A7A Adequate Inadequate /A Adequate Inadequate ' Yes No fjt/A Approve Date Reviewed 3/17/2017 0 0 COUNTY of Ili R EI1DERICK Department of Public Worlcs 540/665-5643 FAX: 540/678-0682 April 19, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning: Rutherford Crossing — Parcel 43-A-99 Frederick County, Virginia Dear Mr. Wyatt: Upon review of the subject rezoning request, we offer the following comments: A comprehensive review of stormwater management, erosion and sediment control, site grading, etc. will be performed at the time of site plan review. 2. Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state or local environmental permits shall be submitted at the time of land disturbance application. As part of the original Rutherford Crossing development, off -site drainage improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owner and Frederick County staff to ensure the channel improvements are functioning as designed and constructed. During this inspection, we want to ensure no erosion and degradation of the channel is occurring. If it's determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design requirements shall comply with Frederick County Chapter 143 and VADEQ requirements. We offer no addition comments. We recommend approval of the subject rezoning. Sincerely, Joe C. Wilder Director of Public Works JCW/kco cc: Planning and Development file 107 North Kent Street, Second Floor, Suite 200 • Wincliester, Virginia 22601-5000 • • 151 Windy Hill Lane GREENWAY Winchester, VA 22602 ENGINEERING April 19, 2017 Frederick County Planning Department Attn: Candice Perkins, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Rutherford Crossing Parcel 43-A-99 Rezoning — Review Agencies Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a comprehensive comment response letter that addresses the Rutherford Crossing Parcel 43-A-99 rezoning comments received from the various review agencies. The comprehensive comment response letter is structured to provide for the specific review agency, the date the comment was received, and information pertaining to each review comment. This information is intended to explain how specific comments have been addressed by the rezoning application or advise why the specific comment was not included in the proffered development program for the commercial redevelopment project. Frederick County Fire Marshal — Comment dated March 17, 2017 •3 Rezoning Approved. City of Winchester Public Services — Comment dated March 24, 2017 ❖ The City of Winchester has no comment as water and sewer are provided by FCSA. Frederick Planning Department — Comment dated March 27, 2017 •3 The 2035 Comprehensive Plait identifies the property with an industrial zoning designation. In general, the proposed commercial rezoning is inconsistent with the current land use supported by the Comprehensive Plait. However, considering the visibility of the site, its location to Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. COMMENT RESPONSE: Agreed. The 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the east side of the Winchester & Western Railroad. This portion of the subject property is bound by commercial, retail, restaurant and office land use. The depth of the 22.16±-acre portion of the Engineers Surveyors Planners Environmental Scientists Laboratory Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com Project #2795J/EAW subject property proposed for B-2, Business General District rezoning is approximately 350', which is more conducive for commercial, retail and restaurant land use than industrial land use. These factors demonstrate that the 22.16±-acre portion of the subject property proposed for B- 2, Business General District rezoning is consistent with existing and future commercial land use development and is consistent with good planning practice in determining conformity to the Comprehensive Plan. • Proffer BI should be revised to remove "Administrator" from the dedication language. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. ❖ Proffer B2 states "specifically attributable" transportation improvements. Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to eliminate the term "specifically attributable" to address this recommendation. Frederick County Attorney — Comment dated March 30, 2017 ❖ It is recommended that the second paragraph of "Preliminary Matthers" be revised to incorporate language specific to the portion of the property being rezoned to the B2 District. Proffer B2 identifies the existing agreement for inter -parcel access; however, there is no legally recorded agreement within the County land records, nor does the proffer statement provide an exhibit identifying the location of the inter -parcel access. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. ❖ It is recommended that Proffer B2 is clarified to identify the referenced parcels property identification numbers as they existed at the time of the previous rezoning and that they may have since be further subdivided. COMMENT RESPONSE: The Proffer Statement has been revised to address this recommendation. ❖ Staff should be aware that Proffer B2 commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Project #2795J/EAW 2 01 ` • 9 Frederick County Sanitation Authority — Comment dated April 5, 2017 s• It is requested that the application offer clarification regarding the Impact Analysis Statement reflecting a 22.16 acre rezoning with the acreage of the entire property being 49.23 acres. COMMENT RESPONSE: The 49.23 acre property is currently zoned M-1, Light Industrial District and is located on the east and west side of the Winchester and Western Railroad (W&WR). The 22.16 acres proposed for B-2, Business General District is located on the east side of the W&WR and is the land area that is the basis for calculating water and sewer impacts. Approximately 95% of the subject property located on the west side of the W&WR is located within floodplain and over 50% of this area is encumbered by Route 37 right-of-way dedication area, which is proffered. These factors significantly limit the future development potential of the 27.07 acres of the subject property located on the west side of the W&WR. ❖ Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent upon the applicant performing a technical analysis of the existing sanitary sewer system within this area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. COMMENT RESPONSE: Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to prepare sewer system analysis and design required by code and applicable law for their specific development plans. The results of this work will determine specific sewer system improvements for individual development projects on this acreage. ❖ The property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. COMMENT RESPONSE: Future developers of land within the subject property will comply with the requirements of the Route I North Industrial Service Area Grant in Aid of Construction agreement for connection to the sanitary sewer system if applicable. FCSA is offering these comments without benefit of knowledge of the specific use of the site. FCSA would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the presented rezoning proposal. Project #2795J/EAW 3 0 9 COMMENT RESPONSE: The rezoning application does not offer proffers for water and sewer infrastructure. Future developers of land within the subject property will work with FCSA and the County during the Site Plan process to determine specific water and sewer system improvements for individual development projects on this acreage. Frederick County Transportation — Comment dated April 10, 2017 •:• 1 see no issue with the TIA Waiver request and determine that you do not need a new TIA at this time. COMMENT RESPONSE: Information that was prepared for consideration of the Traffic Impact Analysis waiver will be included in the Rezoning Application filing packet. ❖ 1 have concern with the use of the "specifically attributable" language in the transportation proffers. Recent legislation uses this language for residential development but not for commercial development. If this development finds itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. COMMENT RESPONSE: The Proffer Statement has been revised to remove the terminology "specifically attributable" for potential future transportation improvements. Frederick -Winchester Service Authority — Comment dated April 12, 2016 No Comments. VDOT — Comment dated April 18, 2017 ❖ VDOT is satisfied with the transportation proffers offered in this rezoning application. Frederick County Public Works Department — Comment dated April 19, 2017 ❖ A comprehensive review of stormwater management, erosion and sedimentation control, site grading, etc. will be performed at the time of site plan review. COMMENT RESPONSE: Agreed. Any proposed disturbance of wetlands, floodplain, etc. will be permitted and mitigated at the time of land disturbance application. COMMENT RESPONSE: Agreed. Project #2795UEAW 4 11 ❖ As part of the original Rutherford Crossing development, off -site drainage improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be pe{formed by the developers, property owner and County staff to ensure channel improvements are functioning as designed and constructed. If channel improvements are required the work shall be performed as part of the new development. Stormwater design requirements shall comply with Frederick County Chapter 143 and VDEQ requirements. COMMENT RESPONSE: Agreed. Please advise me if you have any questions regarding the information in this letter. Greenway Engineering will provide a copy of all review agency comments identified in this letter as part of the rezoning application filing. Sincerely, tom.-------� Evan Wyatt, Direc Yor of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project #2795YEAW 5 • • Evan Wyatt From: Rod Williams <rwillia@fcva.us> Sent: Saturday, May 06, 2017 9:18 AM To: Evan Wyatt Cc: Candice Perkins Subject: Re: Rutherford Crossing Revised Proffer Statement Dear Evan, I have now reviewed the revised proffer statement, dated April 19, 2017, and find it would be legally sufficient as a proffer statement. Sincerely, Rod Sent from my iPad On May 3, 2017, at 2:36 PM, Evan Wyatt <ewyatt@greenwayeng.com> wrote: Thanks Rod - I appreciate it! Sent from my iPhone On May 3, 2017, at 2:35 PM, Rod Williams <rwillia@fcva.us> wrote: Evan — Thanks for checking in. I will try to be sure have reviewed and provided any further cornments by early next week. From: Evan Wyatt[mailto:ewyattCa)greenwayeng.com] Sent: Wednesday, May 03, 2017 10:45 AM To: Rod Williams Cc: Candice Perkins Subject: Rutherford Crossing Revised Proffer Statement Hi Rod, I hope this message finds you doing well. I wanted to touch base today in the event you will be out for the Bloom the next couple of days to see if you will have a chance to review and comment on the revised proffer statement that I submitted last week. I met with Candice and this updated comment will allow me to file the rezoning before the cut-off next Friday. Please contact me if we need to discuss anything and I will be glad to stop by your office next week if necessary. Thanks, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 E • COUNTY of FR`+'ll ERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia «co.frederick.va.us March 30, 2017 VIA E-MAIL AND REGULAR MAIL Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester VA 22602 Re: Rezoning Application — Rutherford Crossing Parcel 43-A-99 Proffer Statement dated March 7, 2017 Dear Evan: You have submitted to Frederick County for review the above -referenced proffer statement (the "Proffer Statement") for the proposed rezoning of Tax Parcel Number 43- A-99 (the "Property"), 49.23f acres, more or less, in the Stonewall Magisterial District, from the MI (Light Industrial) District, with proffers, to the B2 (General Business) District, with proffers, and the M1 (Light Industrial) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • In the second paragraph of "Preliminary Matters", for clarity, it may be best to split the sentence into two sentences at the semicolon and for the second sentence to begin with "The portion to be rezoned from the Ml, Light Industrial District to the B2, General Business District is that portion more particularly identified by metes and bounds on page 3 of the `Plat Showing Street Dedication ... "'. • In Proffer B2, also for clarity, immediately following the reference to Tax Parcels 43-A-98, 43-A-99 and 43-A-100, it may be best to add a parenthetical stating "(as 107 North Kent Street ° Winchester, Virginia 22601 Mr. Evan Wyatt March 30, 2017 Page 2 the acreage of those parcels then existed at the time of approval of RZ# 17-06 and including such parcels as may have since been subdivided from those parcels)". • Also with respect to Proffer B2, staff should be aware that the proffer commits only to "specifically attributable" transportation improvements and that state law only requires use of that particular standard for residential rezonings. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerel , i Roderick illiams County Attorney cc: Candice Perkins, Assistant Director of Planning & Development (via e-mail) • �J Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4165 Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center Current zoning: M-1 Zoning requested: B-2 (Portion) Acreage: 22.161 Ac Virginia Department of Transportation Comments: JUe-2 I/7 re2r�c�cc� deal l�'�7 r VDOT Signature &Date: Notice o VDOT - Please Return Form to Applicant iM 0 Evan Wyatt From: Funkhouser, Rhonda (VDOT) <Rhonda. Fun khouser@VDOT. Virginia.gov> Sent: Tuesday, April 18, 2017 4:25 PM To: Evan Wyatt Cc: 'John Bishop'; Smith, Matthew, P.E. (VDOT) Subject: Rutherford Crossing Parcel 43-A-99 - VDOT Comments to Rezoning Attachments: Scanned from EDNXerox.pdf A VDOT review has been completed on the Rutherford Crossing Parcel 43-A-99 Rezoning dated March 7, 2017 and received by this office March 13, 2017. VDOT is satisfied with the transportation proffers offered in this rezoning application. Thank you for allowing us the opportunity to comment. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Marren Counties 1.4031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Monday, April 10, 2017 1:06 PM To: Evan Wyatt Cc: matthew.smith@vdot.virginia.gov; Candice Perkins Subject: Rutherford Crossing Evan; Regarding the request for TIA waiver and proffers for Rutherford Crossing I have the following for you. I see no issue with the TIA waiver request and determine that you do not need a new TIA at this time. Regarding the transportation proffers I have concern over the use of the 'specifically attributable' language. While I understand that this language has been used in recent legislation, that legislation focused on residential and not commercial development. If this development does find itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. Thanks John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 0 . COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 March 27, 2017 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Proposed Rezoning for Rutherford Crossing Property Identification Number (PIN): 43-A-99 Dear Evan: I have had the opportunity to review the draft rezoning application for the Rutherford Crossing property. This application seeks to rezone a 22.16 acres from the M1 (Light Industrial) District with proffers to the B2 (General Business) District with proffers and 27.07 acres from the M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. Staff's review comments are listed below for your consideration. 1. Northeast Land Use Plan. The 2035 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 2035 Comprehensive Plan identifies this property with an industrial land use designation. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the visibility of this site, its location on Martinsburg Pike and the 1-81 interchange and the amount of commercial land in close proximity to this site, the requested commercial may be acceptable. 2. Proffer B — Transportation Enhancements. Proffer B1 should be revised to remove "Administrator" from the dedication language. Proffer B2 states "specifically attributable" transportation improvements, Staff would note that the Code of Virginia only requires the use of that particular standard for residential rezonings. 3. Transportation Comments. Please note that transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Page 2 Mr. Evan Wyatt RE: Rutherford Crossing March 27, 2017 Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, the local Fire and Rescue Company, and the County Attorney. 5. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application includes a $10,000.00 base fee plus $100.00 per acre. 6. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director Attachment CEP/pd rJ GOJ�cIt snN1114 4� 9Ci O W R W AT YOURsfc FREDERICK COUNTY SANITATION AUTHORITY Post Office Box 1877 Winchester Virginia 22604-8377 April 5, 2017 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Rezoning Application Comment Rutherford Crossing Tax Map Number: 43-A-99 49.23 acres Dear Mr. Wyatt: I'll (540) 868-1061 Fax (540) 868-1429 www.resa-water.com Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Rutherford Crossing rezoning application package, dated March 7, 2017. The Frederick County Sanitation Authority (FCSA) offers comments limited to the anticipated impact/effect upon the Authority's public water and sanitary sewer system and the demands thereon. It is requested that the application offer clarification on the applicability of the rezoning application. The application's Impact Analysis Statement indicates a 22.16 acre rezoning, yet the application's Proffer Statement indicates a 49.23 acre rezoning. The below comments are offered based on a 22.16 acre rezoning and its projected 16,620 GPD demand for water and sewer service. The project parcel is in the sewer and water service area (SWSA) and in an area presently served by FCSA. As noted in the project's Impact Analysis Statement, the SWSA enables access to public water and sewer service by county policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system 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 WATER'S wOR'rii rr Page 2 RE: Rutherford Crossing Mr. Evan Wyatt April 5, 2017 conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. Also notable is that the property owner may be enabled to develop a connection to the sanitary sewer system by utilizing existing sewer capacity reservations that were purchased by Rutherford, LL in 2002 (Route 11 North Industrial Service Area Grant in Aid of Construction); the sewer capacity reservation remains valid until November 4, 2019. If the property is developed utilizing the sewer capacity reservations, it will be necessary to confirm that the developing property maintains adequate sewer capacity reservations sufficient to accommodate the development's projected sewer flows. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any water and sewer deficiencies in the as presented rezoning proposal. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence, AICP Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department • • Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 lland deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with. their review..:Attach,a copy of your application form, location map, proffer sfatement;-impact anal -si ,and aziy other pert�iient uifozmat>ton Applicants Name: Greenway Englneering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive Internal to the Rutherford Crossing Commercial Center Current zoning: M-1 Zoning requested: B-2 (portion) Acreage: 22.16t Ac City of Winchester's Comments: City of Winchester's Signature & Date: ,j' / '7 NoJ�toc Winchester - Please Return This Form to the Applicant 29 Evan Wyatt From: Helm, Richard <rhelm@fredwin.com> Sent: Wednesday, April 12, 2017 5:52 PM To: Evan Wyatt Cc: Eric R. Lawrence Subject: Re: Rutherford Crossing Rezoning Application Attachments: City Public Services Comments 3-24-17.pdf As lond as Eric Lawrence and FCSA are comfortable with it, I have no comment. Get Outlook for Android On Wed, Apr 12, 2017 at 3:04 PM -0400, "Evan Wyatt" <ewyatt(cDgreenwayeng.com> wrote: Hi Dick, It was good talking with you this afternoon. As discussed, please advise if FWSA has any comments specific to the rezoning application request in addition to those provided by the City Public Services Director (see attached). If not, please respond to this message accordingly and I will use this for the rezoning application filing packet. Thanks again, Evan Evan A. Wyatt I Director of Land Planning 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Phone: 540.974.2701 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: ewyatt@greenwayeng.com TfrDw� rq;t 61,��EE �4 WfW ENGINEERING Disclaimer. -w c., ... ; C. ,it.t n :,h- - .c ;I ItI.. nt",Id, d , , J)i ,.nliluny'' vw - ""t" J,"t'O)Ww:I �u dI'( o"w" Icy Imil"ii„lith""'Id'my (i4, Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 [-land deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Nan1C: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Location of property: Fronting on the southeast side of Market Street and the north side of Milton Ray Drive Internal to the Rutherford Crossing Commercial Center Clll-rCllt 'zoning: M-1 Zoning requested: B-2 (portion) _ Acreage: 22.16t Ac Fite Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 22 RECEIVED MAR 13 2017 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Eyiiai1.-fnio@fcva.us Plan Review & Comments Date Received 3/13/2017 Plan/Permit Type Rezoning 03-13-17 Name Rutherford Crossing Parcel 43-A-99 Address Market St/Mllton Ray Dr Winchester Project Name Rezoning 03-13-17 Applicant Name & Number Greenway Engineering 540-662-4185 RE# Permit Number Emergency Vehicle Access: Hydrant Location: Siamese Location: Fire Lanes Required: Plan Approval Status Comments Signature: W-- Reviewed By: Kenneth Scott, Jr. Title: Adequate Inadequate f�NA Adequate Inadequate /A Adequate Inadequate i A Yes No �A Approve Date Reviewed 3/17/2017 VA 22602 Evan Wyatt From: John Bishop <jbishop@fcva.us> Sent: Monday, April 10, 2017 1:06 PM To: Evan Wyatt Cc: matthew.smith@vdot.virginia.gov; Candice Perkins Subject: Rutherford Crossing Evan; Regarding the request for TIA waiver and proffers for Rutherford Crossing I have the following for you. 1. 1 see no issue with the TIA waiver request and determine that you do not need a new TIA at this time. 2. Regarding the transportation proffers I have concern over the use of the 'specifically attributable' language. While I understand that this language has been used in recent legislation, that legislation focused on residential and not commercial development. If this development does find itself in a position that it would begin to exceed the traffic generation contemplated in the original rezoning it will be important to view that increased development from the perspective of conditions at that time. Thanks John John A. Bishop AICP Assistant Director —Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 0 I COUNTY of IE'1REDERIiECK Dep.irtment of Public Works 5401665-5643 FAX: 540/678-0682 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 April 19, 2017 RE: Rezoning: Rutherford Crossing — Parcel 43-A-99 Frederick County, Virginia Dear Mr. Wyatt: Upon review of the subject rezoning request, we offer the following comments: A comprehensive review of stormwater management, erosion and sediment control, site grading, etc. will be performed at the time of site plan review. 2. Any proposed disturbance of wetlands, flood plains, etc. shall be carefully mitigated and submission of any federal, state or local environmental permits shall be submitted at the time of land disturbance application. As part of the original Rutherford Crossing development, off -site drainage improvements were performed on the DeHaven property. A review and inspection of the downstream properties shall be performed by the developer, downstream property owner and Frederick County staff to ensure the channel improvements are functioning as designed and constructed. During this inspection, we want to ensure no erosion and degradation of the channel is occurring. If it's determined that impacts are occurring, the channel work shall be performed as part of the new development. It is possible that additional stormwater management controls on site could be necessary. The stormwater design requirements shall comply with Frederick County Chapter 143 and VADEQ requirements. We offer no addition comments. We recommend approval of the subject rezoning. Sincerely, Joe C. Wilder Director of Public Works JCW/kco cc: Planning and Development file 107 North Kent Street, Second floor, Suite 200 • Winchester, Virginia 22601-5000 151 Windy Hill Lane Winchester, VA 22602 ENGINEERING March 7, 2017 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: Rutherford Crossing Tax Parcel 43-A-99 Rezoninjz - Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by C. Robert Solenberger, John B. Schroth and John C. Scully, IV to prepare a Rezoning Application for a 22.16±-acre portion of a 49.23± acre subject property, identified as Tax Map Parcel 43-A-99. The subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center in the Stonewall Magisterial District, and is currently zoned M-1, Light Industrial District. The purpose of this application is to change the zoning of the 22.16±-acre portion of the subject property from the M-1, Light Industrial District to the B-2, Business General District to allow for commercial development activities consistent with existing land uses in Rutherford Crossing. The subject property is a component of the Rutherford Crossing 138.86± acres land area approved under RZ# 17-06. This rezoning application included a Traffic Impact Analysis prepared by Patton, Harris, Rust + Associates dated September 7, 2006. The approved Traffic Impact Analysis projected 26,652 ADT for the buildout of various commercial, retail, restaurant and industrial land uses at Rutherford Crossing. The approved Proffer Statement submitted with RZ# 17-06 provided for various transportation enhancements that were established to mitigate transportation impacts identified by the Traffic Impact Analysis. The proffered on -site and off -site transportation improvements have been completed including the following: ❖ Installation of traffic signalization and intersection improvements at Martinsburg Pike (U.S. Route 11) and Merchant Street (Route 1620). ❖ Installation of traffic signalization at the southbound on and off ramps at Interstate 8J Exit 317 and Martinsburg Pike (U.S. Route 11). Installation of traffic signalization at the northbound on -ramp at Interstate 81 Exit 317 and Redbud Road (Route 661). •3 Preparation of traffic signal timing analysis for all traffic signals located along Martinsburg Pike (U.S. Route 11) between Merchant Street (Route 1620) and Crown Lane. Construction of a third southbound travel lane on Martinsburg Pike (U.S. Route 11) from Merchant Street (Route 1'620) to the Interstate Exit 317 northbound on -ramp. Project #2795J/EAW Enginu°rs Surveyors Planners Environmental scientists Laboratory TIA Waiver Request Telephone 540-662-4185 Fax .540-722-9528 www.greenwayeng.com ❖ Construction of northbound and southbound thru-travel lanes, right turn lanes and left turn lanes along the Martinsburg Pike (U.S. Route 1 l) property frontage. •*e Construction of Merchant Street (Route 1620) and Market Street (Route 1621) to major collector road standards. Provision of $250,000.00 to Frederick County to assist with additional transportation enhancements within the Martinsburg Pike (U.S. Route 11) corridor. In order to assess the potential traffic impacts for the proposed rezoning of the subject property, Greenway Engineering has analyzed the approved Traffic Impact Analysis and evaluated the projected land use assumptions from the Traffic Impact Analysis; evaluated the existing and approved projects within Rutherford Crossing; evaluated the projected traffic impacts from the FEMA Office facility that were not part of the Traffic Impact Analysis; and evaluated the projected land use associated with the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. The actual land uses, approved project land uses and the projected land uses on the subject property were evaluated based on average daily trip generation volumes per the ITE Trip Generation Manual 9"' Edition. Greenway Engineering has prepared tables that incorporate the information for the evaluations identified above. The Table entitled Rutherford Crossing Existing Development ADT Information includes developed commercial, retail and restaurant land use, and approved land use (Red Robin, Valley Health Urgent Care, and the Lidl Grocery Store) at Rutherford Crossing; as well as the FEMA Office facility. The projected average daily trip volumes totaled 20,039 ADT for theses identified land uses. The Table entitled Rutherford Crossing Proposed Development ADT Information identifies the potential development of 122,000 square feet of specialty retail land use on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. The projected average daily trip volumes totaled 4,056 ADT for the future land use. The combined projected average daily trip volumes for Rutherford Crossing for actual, approved and projected land uses totals 24,095 ADT, which is 2,557 ADT below the projected average daily trip volumes associated with the approved Traffic Impact Analysis. Additionally, the approved Traffic Impact Analysis projected 1,814 average daily trip volumes for 215,000 SF of industrial land use. No industrial land use has been developed at Rutherford Crossing to date; however, the inclusion of the projected industrial volumes do not exceed the projected 26,652 ADT for the buildout of Rutherford Crossing. Greenway Engineering is requesting that you allow for the waiver of a Traffic Impact Analysis (TIA) for the proposed rezoning application based on the following: ➢ The existing, approved and future commercial land and industrial land use projected average daily trip volumes for Rutherford Crossing do not exceed the projected average daily trip volumes identified in the approved Traffic Impact Analysis under RZ# 17-06. r The evaluation considers the additional average daily trip volumes associated with the FEMA Office facility. The inclusion of the additional off -site average daily trip volumes do not exceed the projected average daily trip volumes identified in the approved Traffic Impact Analysis under RZ# 17-06. Project #2795J/EAW 2 TIA Waiver Request • ➢ The Owners have performed all transportation infrastructure improved that were deemed necessary to mitigate transportation impacts from the buildout of Rutherford Crossing. The Owners have included additional transportation commitments in the new Proffer Statement for the 22.16±-acre portion of the subject property proposed for B-2, Business General District. These commitments include right-of-way dedication associated with the Route 37 main line and ramping; and the preparation of additional traffic impact analysis studies in conjunction with future Site Plans that result in average daily trip volumes that exceed the 26,652 ADT volume projected for the buildout of Rutherford Crossing. Please find attached the Rutherford Crossing Land Use Information Table and associated exhibit; the Rutherford Crossing Existing Development ADT Information Table; the Rutherford Crossing Proposed Development ADT Information Table; and the Traffic Impact Analysis prepared by Patton, Harris, Rust + Associates dated September 7, 2006. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, Evan Wyatt, Director- of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project tt2795YEAW 3 TIA Waiver Request The following table provides for the land use square feet projections utilized in the Traffic Impact Analysis and the square feet of the actual and approved land uses in the Rutherford Crossing project: Rutherford Crossing Project Land Use TIA Land Use Projections Actual/Approved Land Use Home Improvements Superstore H 7,000 SF 154,000 SF Retail Superstore 127,000 SF 127,000 SF Specialty Retail 187,147 SF 80,975 SF Restaurant 22,500 SF 15,700 SF* Fast Food 4,500 SF 8,500 SF Drive -In Bank 4,100 SF 0 SF Industrial 21.5,000 SF 0 SF Medical 0 SF 8,450 SF* Grocery Store 0 SF 36, 170 SP Totals: 677,250 SF 430,795 SF Note: * includes Red Robin, Valley Health Urgent Care and Lidl Grocery Store Project 112795J/GAW Rutherford Crossing Land Use Information Table 3-7-17 17M IlaIN1% - - - - - - - - - - - - - - - - NL 0 4 Rutherford Crossing Existing Development ADT Information Per ITE Trip Generation Manual 9th Edition Land Use ITE Code ADT Calculation Amount ADT Office 730 11.95/1000 sq.ft. 117,000 sq.ft. 1,398 Home Improvement Superstore 862 30.74/1000 sq.ft. 154,000 sq.ft. 4,734 Free -Standing Discount Superstore 813 50.75/1000 sq.ft. 127,000 sq.ft. 6,445 Specialty Retail 826 44.32/1000 sq.ft. 80,975 sq.ft. 3,588 HT Restaurant 932 127.15/1000 sq.ft. 15,700 sq.ft. 1,996 Fast Food 934 496.12/1000 sq.ft. 8,500 sq.ft. 4,217 Urgent Care 630 31.45/1000 sq.ft. 8,430 sq.ft. 265 Grocery Store 850 102.24/1000 sq.ft. 36,170 sq.ft. 3,698 Total Stand Alone ADT 26,341 Total Pass -By 25% (813, 826, 850, 862) -4,616 Total Pass -By 40% (934) -1,686 Adjusted Total ADT 20,039 0 0 Rutherford Crossing Proposed Development ADT Information Per ITE Trip Generation Manual 9th Edition Land Use ITE Code ADT Calculation Amount ADT Specialty Retail 826 44.32/1000 sq.ft. 122,000 sq.ft. 5,407 Total Stand Alone ADT 5,407 Total Pass -By 25% (826) -1,351 Adjusted Total Additional ADT 4,056 Existing Development ADT 20,039 Proposed Development ADT 4,056 Total ADT with B2 Zoning 24,095 Approved Rezoning TIA 26,652 Existing & Proposed Development ADT 24,095 Remaining Project ADT 2,557 9 IMPACT ANALYSIS STATEMENT RUTHERFORD CROSSING TAX PARCEL 43-A-99 REZONING Stonewall Magisterial District Frederick County, Virginia March 7, 2017 Current Owner: C. Robert Solenberger; John B. Schroth & John S. Scully, IV Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 • • Grcenaary Engineering March 7, 2017 Rutherford Crossing Rezoning RUTHERFORD CROSSING REZONING IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 22.16±-acre portion of a 49.231 acre subject property owned by C. Robert Solenberger, John B. Schroth and John S. Sully, IV and identified as Tax Map Parcel 43-A-99. The subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center, and is currently zoned M-1, Light Industrial District. The Applicant proposes to rezone the 22.161-acre portion of the 49.231 acre subject property that is located on the east side of the Winchester and Western Railroad to B-2 Business General District with proffers to allow for commercial and retail development that is consistent with other commercial and retail businesses located within the Rutherford Crossing Commercial Center. Basic information Location: Fronting on the Southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center. Magisterial District: Stonewall District Properly ID Numbers: 43-A-99 Current Zoning: M-1, Light Industrial District (49.231 acres) Current Use: Undeveloped Proposed Zoning: B-2, Business General District (22.16± acres) M-1, Light ]ndustrial District (27.07± acres) Proposed Use: Total Rezoning Area: File (127951/ Impact Analysis Stalement/EA\V B-2 District - Commercial & Retail M-1 District — Undeveloped (Floodplain) 22.161 acres of the 49.23±-acre subject property Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning COMPREHENSIVE POLICY PLAN Urban Develonnlerit Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial and institutional land use development is encouraged in the County. The 49.23± acre subject property is currently located Ol1tS1dC of the UDA; however, expansion of the UDA boundary to accommodate the proposed development of commercial land use is not required for this rezoning application. Sewer and Water Service Area The Scwcr and Water Scrvicc Area (SWSA) is generally consistent with the UDA, but also extends outside of the UDA to accommodate areas Of the C011ilty ill Which commercial and industrial land use development is only desired. The 49.23± acre subjcct property is currently located within the SWSA; therefore, expansion of the SWSA boundary to accommodate the proposed development of commercial land usC is not required for this rezoning application. Comprehensive Plan Conformity The 49.23s acre subject property is located in the SWSA and is within the study area boundary of the Northeast Frederick Land Use Plan. The Northeast Frederick Land Use Plan is a large -area plan that identifies existing and future land use, transportation networks, and other matters that are recoil me11dCd for CO11SidCl'ati011 for fUtUre land use and development within this geographic area of the County. The 49.231 acre Subject property Subject property is identified for industrial land use. The 22.161-acrc portion of the subject property proposed for B-2, Business General District rezoning is the only remaining land area located oil the cast side of the Winchester & Western Railroad. This portion of the Subject property is bound by commercial, retail, restaurant and Office land use. The depth of the 22.161-acrc portion of the subject properly proposed for B-2, Business General District rezoning is approximately 350', which is more conducive for commercial, retail and restaurant land IISC than industrial land use. These factors demonstrate that the 22.16i-acre portion of the subject property proposed for B-2, Business General District rezoning is consistent with existing and future coi11mercial land use development and is consistent with good planning practice in detel-111ining conformity to the Comprehensive Plan. SUITABILITY OF THE SITE Access The 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning is located on the southeast side of Market Street (Route 1621) and the north side of Milton Ray Drive internal to the Rutherford Crossing COi11111C1'Cial Center. Future Pile /,2795J/ Impact Analysis SlalemenUEAW 3 • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning developIllent of the Subject property call be accommodated by the existing street systems within the commercial center. Flood Plains The 49.231 acre Subject property contains areas of floodplain associated with Hiatt Run. Approximately 95% of the subject property located oil the west side of the Winchester and Western Railroad is located within floodplain. A portion of Subject property located on the cast side of the Winchester and Western Railroad proposed for B-2, Business General District rezoning is located within floodplain. The location o1' floodplain associated with the Subject property is demonstrated on FEMA NFIP Map 1151069CO210D, Effective Date September 2, 2009; as well as information from the Frederick County GIS Database demonstrated on the Environmental Fcatlll-CS Map Exhibit. Wetlands The 49.23± acre subject property contains wetland arcas associated with Hiatt Run. The National Wetlands Inventory (NWI) Map information G-om the Frederick County GIS Database does not identify wetlands areas on the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning. However, a wetlands delineation report will be prepared for the subject property prior to commercial development activities to ensure that this environmental feature is identified and confirmed by the USACE. Soil Types The 49.23± acre subject property contains four soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 513: Carbo Silt Loanis 2-7% slope 6C & 7C: Carbo-Oaklet Silt Loams 2-15%, slope 14B & 16C: Frederick-Poplimento Silt Loams 2-15% Slope 3213: Oaklet Silt Loams 2-7% slope The Carbo Silt Loams and the Frederick-Poplimento Silt Loams 2-7% slope are identified as prime agricultural soils. All soil types are identified as moderate to severe for the development of small commercial buildings due to shrink -swell properties. The soil types on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning are consistent with developed areas in the Rutherford Crossing Commercial Center and the FEMA Office site; therefore, it is not anticipated that soils conditions will be a constraint for development of the subjcct property. Other Environmental Features The 22.161-acre portion of the subjcct property proposed for B-2, Business General District rezoning does not contain areas of steep slope, lakes or ponds or ilatllral stormwater retention Pile #27951/ Impact Analysis Stalement/EAW 0 • Greejmmy Engineering March 7, 2017 Rutherford Crossing Rezoning areas as defined by the Frederick County Zoning Ordinance. There are no known environmental featllrCS present Other than those identified above that create development constraints for proposed commercial development on the property. SURROUNDING PROPERTIES Adjoining property zoning and ])resent use: North: M-2, Gcneral Industrial District Use: Undeveloped RA, Rural Areas District Residential South: B-2, BLISillcss Gcneral District Use: Commercial M-1, Light Industrial District Undeveloped East: RP, Residential Performance District Use: Residential M-1, Light Industrial District Office West: M-2, General Industrial District Use: Undeveloped M-1, Light Industrial District Undeveloped TRANSPORTATION The subject property is located On the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Centcr. The 22.16i-acre portion Of the Subject property proposed for B-2, Business General District rezoning is the only remaining land area located on the cast side of the Winchester & Western Railroad and is bound by commercial, retail, restaurant and office land use. The subject property is currently zoned M-1, Light Industrial District and is a component of the Ruffici-ford Crossing land area approved under RZ# 17-06. This rezoning application includcd a Traffic Impact Analysis that was prepared for the entire 138.861 acres, which included the subject property. The Traffic Impact Analysis Statement, prepared by Patton, Harris, Rust + Associates dated September 7, 2006 projected var1011S COIllinerclal, retail, restaurant and industrial land uses for the entire 138.86± acres approved under RZ# 17-06. The approved Traffic Impact Analysis Statement projected 26,652 ADT for the blllldOul of Rutherford Crossing. The RZ# 17-06 Proffer Statement includcd a Transportation Enhancements Section that offered on -site and off -site transportation improvenlcnts consistent with the traffic impacts identified by the approved Traffic Impact Analysis Statement. The proffered on -site and off -site transportation improvenlcnts have been completed including the following: •:• Installation Of traffic signalization and intersection improvements at Martinsburg Pike (U.S. Route 1 1) and Merchant Street (Route 1620). •:• Installation Of traffic slgnalizatlon at the S011tllbOl111d Oil and off ramps at Interstate 81 Exit 317 and Martinsburg Pike (U.S. ROutC I I). Pile h2795J/ Impact Analysis Statement/13A\1r 5 • 9 Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning Installation of traffic signalization at the northbound on -ramp at Interstate 81 Exit 317 and Redbud Road (Route 661). Preparation of traffic signal timing analysis for all traffic signals located along Martinsburg Pike (U.S. Route 1 1) between Merchant Strect (Route 1620) and Crown Lane. •:• Coll structioil of a third southbOUnd travel lane on Martinsburg Pike (U.S. Route 1 1) from Merchant Street (Route 1620) to file Interstate Exit 317 northbound on -ramp. •:• C011stl'uet1011 of northbound and SOL1thbOLll1d thl'Ll-traVCl IanCS, fight tL11'11 lanes and left turn lanes along the Martinsburg Pike (U.S. Route I I) property frontage. Construction of Merchant Strect (Route 1620) and Market Strcet (Route 1621) to major collector road standards. Provision of $250,000.00 to Frederick County to assist with additional transportation enhancements within the Martinsburg Pike (U.S. Route 1 1) corridor. In order to assess the potential traffic impacts for the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning, Greenway Engineering has analyzed the approved Traffic Impact Analysis for the Rutherford Crossing project and current project conditions. Greenway Engineering evaluated the projected land use assumptions from the Traffic Impact Analysis; evaluated the existing and approved projects within Rutherford Crossing; evaluated the projected traffic impacts from the FEMA Office facility that were not part Of the Traffic Impact Analysis; and cvalLlated the projected land use associated with the 22.16±-acre portion Of the subject property proposed for B-2, Business General District rezoning. The actual land uscS, approved project land uses and the projected land uses On the Subject property were evaluated per the ITE Trip Generation Manual 9`1i Edition. The following table provides for the land LISC square feet projections utilized in the Traffic Impact Analysis and the square feet of the actual and approved lalld LISCS in the RLItherford Crossing project: Rutherford Crossing Project Land Use TIA Lund Use Projections Actual/Approved Lund Use Home Improvements SLI)Crstore 117,000 SF 154,000 SF Retail Superstore 127,000 SF 127,000 SF Specialty Retail 187,147 SF 80,975 SF RCStaurant 22,500 SF 1 15,700 SF* Pile i,2795J/ Impact Analysis Statement/EA\V 6 • • Gremway Engineering March 7, 2017 Rutherford Crossing Rezoning Fast rood 4,500 SF 8,500 SF Drive -In Bank 4,100 SF 0 SF Industrial 215,000 SF 0 SF Medical 0 SF 8,450 SF''` Grocery Store 0 SF 36, 170 SF''` Totals: 677,250 SF 430,795 SF Note: "' includes Red Robin, Valley Health Urgent Care and Lidl Grocery Store Grecnway Engineering prepared an average daily trip analysis for Rutherford Crossing that included the existing land uses, the land uses that are under Construction and/or are approved, and the FEMA Office facility that was not a component of the approved Traffic Impact Analysis. The average daily trip VOlulilles were calculated using the ITE Trip Generation Manual 9°i Edition, which is the current dOCUlllCilt utilized by VDOT. The projected volumes totaled 20,039 ADT for the identified land uses. The projected average daily trip volumes for the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning were calculated assuming 122,000 SF of specially retail land use, totaling 4,056 ADT. Therefore, the combined projected average daily trip volumes for Rutherford Crossing for actual, approved and projected land uses totals 24,095 ADT, which is 2,557 ADT below the projected average daily trip VOlumes associated with the approved Traffic Impact Analysis. Additionally, the approved Traffic Impact Analysis projected 1,814 average daily trip volumes for 215,000 SF of industrial land use. No industrial land use has been developed at Rutherford Crossing to date; however, the inclusion of the projected industrial Volumes do not exceed the projected 26,652 ADT for the bulildollt of Rutherford Crossing. The Owners have performed all transportation infrastructure improvements that were identified ill the approved RZ #17-06 Proffer Statement. The Owners have provided for transportation proffers for the proposed rezoning application that continue the conlnlitnlent for right-of-way dedication associated with the Route 37 main line and ramping; and the commitment to prepare traffic impact analysis studies in conjunction with future Site Plans that result in average daily trip volumes that exceed the 26,652 ADT volume projected for the buildout of Rutherford Crossing. Therefore, the transportation enhancements that have been performed, coupled with the commitment for right-of-way dedication and preparation of additional traffic studies for future land uses within the subject property mitigates transportation impacts associated with this rezoning application. File 7t2795J/ Impact Analysis StatemenUEAW LJ 9 Greemcay Engineering March 7, 2017 Rutherford Crossing Rezoning SEWAGE CONVEYANCE AND TREATMENT The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public sewer based on County Policy. The Frederick County Sanitation Authority is the provider of public sewer service for the Rutherford Crossing Commercial Center and other properties within this area Of the County. The Frederick County Sanitation Authority has an existing 8-inch sanitary sewer force main that is located on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. Thcre are three 8-inch gravity sewer hues that call be accessed that tie into a 120K GPD sewer pump station that is also located on the subject property. The 8-]itch sanitary sewer force main directs sewer CfflllCilt to a gravity main located Oil the west side of Interstate 81 i1Car the ROIItc 7 Interchange, which then directs sewer Cff1LlCllt to a gravity main owned by the Frederick -Winchester Service Authority that connects to the Opequon Wastewater Treatment Facility. Based on comparable discharge patterns, a projection Of 750 gallons/day/acre Of commercial development is an appropriate calculation for estimating the sewer demand for commercial land uses. Q = 750 gallons/day/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD protected sewer demand The sewer computations utilized for calculating ai1C1 permitting the 120,000 GPD sewer pump station included the buildout of Rutherford Crossing (commercial and industrial acreages); as well as the FEMA Office facility. Therefore, future development Of the subject property is accounted for and can be served by the 120,000 GPD sewer pump station. The Opequon Wastewater Treatment Facility has a total capacity of 12.6 MGD, of which 5.475 MGD is allocated to the Frederick County Sanitation Authority. The Frederick County Sanitation Authority currently averages approximately 2.63 MGD Of the allocated capacity and has approximately 2.845 MGD of allocated capacity available 1`01' futLll'C CICVC1OpIllCllt projects. The projected 16,620 GPD for the proposed project represents 0.58% of available treatment capacity; therefore, the proposed rezoning can be sufficiently accommodated by public sewer service through a system with adequate conveyance, capacity and treatment. WATER SUPPLY The subject property is located within the Sewer and Water Service Area (SWSA); therefore, the property is entitled to be served by public water based on County Policy. The Frederick County Sanitation Authority is the provider Of public water service for the Rutherford Crossing Commercial Center and other properties within this area of the County. Pile 1t2795J/ Impact Analysis Statement/L'•AW C� • Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning The Frederick County Sanitation Authority has an existing water transmission line located on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. The Rutherford Crossing Commercial Center is developed with a series of 8-inch, 10-inch and 12-inch water lines that provide a water line loop for the project area, which are accessible to the subject property. Based on comparable discharge patterns, a projection of 750 gallons/day/acre of commercial development is an appropriate calcUlation for estimating the water demand for commercial land uses. Q = 750 gallons/day/acre of commercial development Q = 750 GPD x 22.16 acres Q = 16,620 GPD TOTAL: Q = 16,620 GPD projected water demand The Frederick County Sanitation Authority provides potable water from the Northern Water Treatment Plant in this geographic area of the County. The Northern Water Treatment Plant currently provides a potable water treatment capacity of three million gallons per day (3 MGD) and is the primary facility serving the Subject property. There are two water transmission lilies that provide public water to the Rutllcrford Crossing Commercial Center including a 20-inch water trailsmiss1o11 line located along the Winchester and Western Railroad, and a 10-inch water transmission line along Martinsburg Pike that tics into a water transmission line owned by the City of Winchester. The existing water system network serving the subject property provides for adequate capacity, pressure and fire Clow. The projected water demands serving the portion of the subject property proposed for B-2, Business General District rezoning represent 0.55% of the available storage capacity at the Northern Water Treatment Plant; therefore, the proposed rezoning can be sufficiently accommodated by public water service through a system with adequate conveyance, capacity and pressures. SITE DRAINAGE The topographic relief on the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning generally follows a northwestern manner, which directs drainage towards Hiatt Run located along the rear of the property. The Rutherford Crossing Commercial Center was engineered to direct stormwater thrOUgh a storm sewer collection system that discharges into a drainage swale located on the subject property. A stormwater drainage easement was stablished along the limits of the drainage Swale, which was recorded by Instrument No. 070011053/0105. Fl11UPC commercial development on the subject property will have access to this stormwater drainage easement and will direct stormwater to this location. FIItUre commercial Site Plans will irICilidC storlllwater management plans and erosion and sedimentation control plans that will be designed in conformance with all applicable state and local 1"CgUlations; therefore, Site drainage and storlllwater management impacts to adjollling properties aild the CO111mUllity will be mitigated. File #2795J/ Impact Analysis StatemenUGAW 9 • 9 Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning SOLID WASTE DISPOSAL The impact on solid waste disposal facilities associated with the development Of the subject property call be projected f-om all average allllllal commercial C011SlllllptI011 of 5.4 Cl1bic yards per 1,000 square feet Of structural area (Civil Engineering Reference Manual, 4t1i edition). The projected commercial development yield for the subject property is 122,000 square feet; therefore, solid waste disposal impacts are based on the following Calculations: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 Cu. yd. a 122 (122,000 sq. ft./1,000 sq. ft.) AAV = 658.8 Cu. yd, at build -out, or 461.16 tons/yr. at build -out The Municipal Solid Waste area Of the Regional Landfill has a CIII'1'Cllt remaining Capacity Of 13,100,000 cubic yards of air space. The projected commercial development will generate approximately 461.16 tons of solid waste annually on average. This represents a 0.23% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the commercial development will be disposed at the Regional Landfill by a Commercial waste hauler; therefore, the County will receive tipping fees associated with this project to mitigate this impact. The Regional Landfill has adequate Capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies 1ZlItl7CIT01-d'S Farm (#34-727) as a potentially significant property. However, the survey does not identify the property as potentially qualifying for the national or state register of historic, nor does the survey identify the property as being a component of a potential historic district. The National Park Service Study Of Civil War Sites in the Shenandoah Valley identifies the subject property as being located within the Second Winchester study area boundary; however, the property is not located within close proximity of the Second Winchester core battlefield area boundary. The final report identifies the land within the Study area boundary that is located lit the northeastern quadrant Of Interstate 81 Exit 317 as having lost Integrity due to the existing commercial and residential land IISC development patterns; as well as the construction of Interstate 81. The Proffer Statement that was approved as part of RZ 1117-06 committed to the development of an interpretive sign viewing area that included three interpretive plaques, picnic tables and landscaping. This public viewing area has been developed and Is accessible by vehicle and pedestrian connections; therefore, the property owners have complied with the proffers deemed appropriate to address the historic significance of this property. File i127951! Impact Analysis StatemenUEAW 10 • u Greenway Engineering March 7, 2017 Rutherford Crossing Rezoning OTHER POTENTIAL IMPACTS Commercial development located on the 22.161-acre portion of the subject property proposed for B-2, Business General District rezoning will provide new ccollonlic development opportunities for Frederick County. The County recognizes that commercial development provides a positive fiscal impact for the community and for County Capital Facilities. The development Of commercial land use has the potential to increase service demands on fire and rescue services; therefore, the Owner's Proffcr Statement provides a 1 onctary contribution Of $0. 10 per clevclopccl primary StrUCtlll'C sgUare footage to the County to provide additional revenues that are specifically directed to fire and rescue services. There are no other identified potential impacts above thOSC discussed in this Impact Analysis Statement that would be cictrimental t0 Sll1-1-01111dlllg 1)1'01)Crt1CS 01' t0 the C011llty fr0111 the rezoning and development of the 22.16±-acre portion of the Subject property. File ii2795J/ Impact Analysis Statement/EAW I I 661 \f% r PA 5 .GT V�41e4 i7 �s 7 r q A N • Mt nor . p`?j. � s• r� t IV, Lecien _ Goa `'" �• r•;\. ® Portion o143-A-99 To Be Rezoned Parcel Boundary ��, , 6. S— r..E.rd O—ft.. N as D.pro , 20+6 o.r. ioi 5 A ,. P— carry or VQ,w iTA m6P I.p.. 1 w. 9— 6— W. —.11.., •' \ W ?g Q� OZ z Z V) O� lw: . O W L. > Ua) W � o LL = a w D 1 'at "'i 'w • ' Y z z o m N 0 w r N D g o 11 J w w W s ry Feet zo ofU. g 400 0 400 `� R Z ti W —so 7 LOCATION MAP Ps rcel 43-A-N 43 A 99 (Porti on Not To Be Rezoned) -JESSICA LN Legend +non of 43-A-99 To Be Rezoned f'wcel Boundary F redenck County Zoning B2 (Business. General Distrist) B3 (Business. Industrial Transition District) M1 (Industrial, Light District) M2 (Industrial. General District) i OM (Office - Manufacturing Park) ia R4 (Residential. Planned Community District) RA (Rural Area District) RP (Residential. Performance District) 1 -. . ., . . . Cs G Q CCD Z 7 _Z . ON Z O 1T W Q o� O X Q J IxQ_ a F i _Z X Z O N u z_ z m U Q z a F ZAL V M O < > w /f/ F O y j o O_ z ZO Q OU w < U_ O f O O Z Ow �. n Feet 0 O n R 500 0 500 z w I � 4fQ 661 C` PARSON 361 TX�SON-OR �P � � I� ZW V/ W z W 3 �z Q A 99 (Port, on Not To S. R,zon,d( he y0J ON O O w Q y �P� O rn ¢ S�GP S � c%t W < (n X W �. �b Q W p �41, h\ z S z , w U o U 0 CO A,0 aLeaen 0 e ' a > 2 Q .143 A ee To so Ro: xaa Y , t b� 3 w Z Parc,1 Boundary u J� B' a OU w / O� Z < �SwsA y \ 04, ',� W U j� UOA D .k 0 00 � Q � UO Q W O ^�' e w Sower Force Mn �? Feel ; ZO 4 ° ... Sowm GraMy Men .� W R Sowor Purrp St,Uon \,\ ' \ 400 0 400 r I. Fne Cmmy W GIS D.orn.w f pr. 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N 6,5 O.p—t. 2016 D✓. • • 151 Windy Hill Lane Winchester, VA 22602 ENGINEERING March 7, 2017 Frederick County Planning Department Attn: John Bishop, Director of Transportation 107 North Kent Street Winchester, VA 22601 RE: Rutherford Crossing Tax Parcel 43-A-99 Rezoning - Traffic Impact Analysis Waiver Request Dear John, Greenway Engineering has been retained by C. Robert Solenberger, John B. Schroth and John C. Scully, IV to prepare a Rezoning Application for a 22.16±-acre portion of a 49.23± acre subject property, identified as Tax Map Parcel 43-A-99. The subject property is located on the southeast side of Market Street and the north side of Milton Ray Drive internal to the Rutherford Crossing Commercial Center in the Stonewall Magisterial District, and is currently zoned M-1, Light Industrial District. The purpose of this application is to change the zoning of the 22.16±-acre portion of the subject property from the M-1, Light Industrial District to the B-2, Business General District to allow for commercial development activities consistent with existing land uses in Rutherford Crossing. The subject property is a component of the Rutherford Crossing 138.86± acres land area approved under RZ# 17-06. This rezoning application included a Traffic Impact Analysis prepared by Patton, Harris, Rust + Associates dated September 7, 2006. The approved Traffic Impact Analysis projected 26,652 ADT for the buildout of various commercial, retail, restaurant and industrial land uses at Rutherford Crossing. The approved Proffer Statement submitted with RZ# 17-06 provided for various transportation enhancements that were established to mitigate transportation impacts identified by the Traffic Impact Analysis. The proffered on -site and off -site transportation improvements have been completed including the following: ❖ Installation of traffic signalization and intersection improvements at Martinsburg Pike (U.S. Route 11) and Merchant Street (Route 1620). •:• Installation of traffic signalization at the southbound on and off ramps at Interstate 81 Exit 317 and Martinsburg Pike (U.S. Route 11). Installation of traffic signalization at the northbound on -ramp at Interstate 81 Exit 317 and Redbud Road (Route 661). • Preparation of traffic signal timing analysis for all traffic signals located along Martinsburg Pike (U.S. Route 11) between Merchant Street (Route 1620) and Crown Lane. Construction of a third southbound travel lane on Martinsburg Pike (U.S. Route 11) from Merchant Street (Route 1620) to the Interstate Exit 317 northbound on -ramp. Project #2795J/EAW 1311gineers Surveyors Plannei:s Iarvironmenlal Scientists Laboratory TIA Waiver Request Telephone 540-662-4185 Prix 5,10-722-9528 www.grecnwayeng.conl 0 • Construction of northbound and southbound thru-travel lanes, right turn lanes and left turn lanes along the Martinsburg Pike (U.S. Route 11) property frontage. Construction of Merchant Street (Route 1620) and Market Street (Route 1621) to major collector road standards. Provision of $250,000.00 to Frederick County to assist with additional transportation enhancements within the Martinsburg Pike (U.S. Route 11) corridor. In order to assess the potential traffic impacts for the proposed rezoning of the subject property, Greenway Engineering has analyzed the approved Traffic Impact Analysis and evaluated the projected land use assumptions from the Traffic Impact Analysis; evaluated the existing and approved projects within Rutherford Crossing; evaluated the projected traffic impacts from the FEMA Office facility that were not part of the Traffic Impact Analysis; and evaluated the projected land use associated with the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. The actual land uses, approved project land uses and the projected land uses on the subject property were evaluated based on average daily trip generation volumes per the ITE Trip Generation Manual 9"' Edition. Greenway Engineering has prepared tables that incorporate the information for the evaluations identified above. The Table entitled Rutherford Crossing Existing Development ADT Information includes developed commercial, retail and restaurant land use, and approved land use (Red Robin, Valley Health Urgent Care, and the Lidl Grocery Store) at Rutherford Crossing; as well as the FEMA Office facility. The projected average daily trip volumes totaled 20,039 ADT for theses identified land uses. The Table entitled Rutherford Crossing Proposed Development ADT Information identifies the potential development of 122,000 square feet of specialty retail land use on the 22.16±-acre portion of the subject property proposed for B-2, Business General District rezoning. The projected average daily trip volumes totaled 4,056 ADT for the future land use. Tile combined projected average daily trip volumes for Rutherford Crossing for actual, approved and projected land uses totals 24,095 ADT, which is 2,557 ADT below the projected average daily trip volumes associated with the approved Traffic Impact Analysis. Additionally, the approved Traffic Impact Analysis projected 1,814 average daily trip volumes for 215,000 SF of industrial land use. No industrial land use has been developed at Rutherford Crossing to date; however, the inclusion of the projected industrial volumes do not exceed the projected 26,652 ADT for the buildout of Rutherford Crossing. Greenway Engineering is requesting that you allow for the waiver of a Traffic Impact Analysis (TIA) for the proposed rezoning application based on the following: ➢ The existing, approved and future commercial land and industrial land use projected average daily trip volumes for Rutherford Crossing do not exceed the projected average daily trip volumes identified in the approved Traffic hnpact Analysis under RZ# 17-06. r The evaluation considers the additional average daily trip volumes associated with the FEMA Office facility. The inclusion of the additional off -site average daily trip volumes do not exceed the projected average daily trip volumes identified in the approved Traffic Impact Analysis under RZ# 17-06. Project 112795YEAW G TIA Waiver Request 0 • r The Owners have performed all transportation infrastructure improved that were deemed necessary to mitigate transportation impacts from the buildout of Rutherford Crossing. The Owners have included additional transportation commitments in the new Proffer Statement for the 22.16±-acre portion of the subject property proposed for B-2, Business General District. These commitments include right-of-way dedication associated with the Route 37 main line and ramping; and the preparation of additional traffic impact analysis studies in conjunction with future Site Plans that result in average daily trip volumes that exceed the 26,652 ADT volume projected for the buildout of Rutherford Crossing. Please find attached the Rutherford Crossing Land Use Information Table and associated exhibit; the Rutherford Crossing Existing Development ADT Information Table; the Rutherford Crossing Proposed Development ADT Information Table; and the Traffic Impact Analysis prepared by Patton, Harris, Rust + Associates dated September 7, 2006. Please review this information and contact me if you have any questions. If not, I would request your determination for waiver of the TIA at your earliest possible convenience. Sincerely, �ucll L10 Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: C. Robert Solenberger John B. Schroth John C. Scully, IV Project 112795YEAW 3 TIA Waiver Request • C� The following table provides for the land use square feet projections utilized in the Traffic Impact Analysis and the square feet of the actual and approved land uses in the Rutherford Crossing project: Rutherford Crossing Prqject Ladd Use 71A Land Use Projections ActuallApproved Land Use Home Improvements Superstore 117,000 SF 154,000 SF Retail Superstore 127,000 SF 127,000 SF Specialty Retail 187,147 SF 80,975 SF Restaurant 22,500 SF 15,700 SF''` Fast Food 4,500 SF 8,500 SF Drive -In Bank 4,100 SF 0 SF Industrial 21.5,000 SF 0 SF Medical 0 SF 8,450 SF* Grocery Store 0 SF 36, 170 SP Totals: 677,250 SF 430,795 SF Note: * includes Red Robin, Valley Health Urgent Care and Lidl Grocery Store Project #2795YE-AW Rutherford Crossing Land Use Information Table 3-7-17 ^ ,�� ¢¢"-153905 Sq. Ft. �, i _: sit y<- ,18414 Sq. Ft., , ,� `+ ♦♦ y j /f +' i •'-127204 Sq. Ft. y �ryy s t 4 Jf •\ '; �_ ,j�M ♦ r'�'" —6708Sq Ft. --I -49890 Sq. Ft. •'af4 t �' y °I. �+ 11` f -436AS . Ft. I � f -4211 Sq Ft. ' •' '' \� �:• Feet GREEN WAY t -9056 Sq Ft r 200 0 200 ' I,r u.,o..sti.�. v..a.,.ac.,,.w w aso.o..b,.. 2o,soM. n,�+iVriVlm�Co✓MIdVOKY'TAi^,bP•'^•o.nY.ry•ryoMrvy�.nWrnvw) Rutherford Crossing Existing Development ADT Information Per TTE Trip Generation Manual 9th Edition Land Use ITE Code ADT Calculation Amount ADT Office 730 11.95/1000 sq.ft. 117,000 sq.ft. 1,398 Home Improvement Superstore 862 30.74/1000 sq.ft. 154,000 sq.ft. 4,734 Free -Standing Discount Superstore 813 50.75/1000 sq.ft. 127,000 sq.ft. 6,445 Specialty Retail 826 44.32/1000 sq.ft. 80,975 sq.ft. 3,588 HT Restaurant 932 127.15/1000 sq.ft. 15,700 sq.ft. 1,996 Fast Food 934 496.12/1000 sq.ft. 8,500 sq.ft. 4,217 Urgent Care 630 31.45/1000 sq.ft. 8,430 sq.ft. 265 Grocery Store 850 102.24/1000 sq.ft. 36,170 sq.ft. 3,698 Total Stand Alone ADT 26,341 Total Pass -By 25% (813, 826, 850, 862) -4,616 Total Pass -By 40% (934) -1,686 Adjusted Total ADT 20,039 • 0 E Rutherford Crossing Proposed Development ADT Information Per ITE Trip Generation Manual 9th Edition Land Use ITE Code ADT Calculation Amount ADT Specialty Retail 826 44.32/1000 sq.ft. 122,000 sq.ft. 5,407 Total Stand Alone ADT 5,407 Total Pass -By 25% (826) -1,351 Adjusted Total Additional ADT 4,056 Existing Development ADT 20,039 Proposed Development ADT 4,056 Total ADT with B2 Zoning 24,095 Approved Rezoning TIA 26,652 Existing & Proposed Development ADT 24,095 Remaining Project ADT 2,557 Untitled Page 0 hops://taxes.co.fred0va.us/applications/TR_payTaxes/REDetai1.aspx r ,,, r , , Ionic Frederick County V i r i l ] i cl LIFE Ar Tf(E TOP Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCarl(0) Pin Options Change Email Deal Estate Ticket Detail Previous 2017 REAL ESTATE DepUTicketH RE2017 / 370950001 Frequency 1 supplementtl 0 Name SOLENBERGER C ROBERT ETALS Mapit 43 A 99 Account0l 8008620 Name 2 Bill Date 04/28/2017 Acreage Address 114 N CAhiERON ST Due Date 06/05/2017 Improvements WINCHESTER VA Desc 49.95 ACRES Land Value Zip 22601 4744 Land Use Minerals 49.950 $0.00 $1,096,600.00 $0.00 $0.00 Penalty Paid $0.00 Interest Paid $0.00 last Transaction Date 05/16/2017 Current Payment Stahrs Original Bill Payments Principal Balance Due Penally Inleresl Balance Due $3,289.80 ($3,289.80) $0.00 S0.00 $0.00 $0.00 Transaction History Dale Type Transactionll Amount Balance 4/28/2017 Charge 0 $3,289.80 $3,289.80 5/15/2017 Principal Paid 25387 ($3,289.80) $0.(X) Previous of 1 5/16/17 1I-AR AM Untitled Page https://taxes.co.frcdcl vi.us/applications/TR_payTtxcs/REDetail.aspx ' Frederick County V r11'`, t l l 1 c1 �iFE A7-nfE TO Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate T icicet Detail Previous 2016 REAL ESTATE Depu icketit RE2016 / 366890002 Frequency 2 Supplemendt 0 Na1ne SOLENBERGER C ROBERT ETALS Mapli 43 A 99 Accountil 8008620 Name 2 Bill Date 12/05/2016 Acreage Address 114 N CAMERON ST Due Date 12/05/2016 Improvements WINCHESTER VA Desc 49.95 ACRES land Value Zip 22601 4744 Land Use Minerals 49.950 $0.00 $1,096,600.00 $0.00 $0.00 Penalty Paid $0.00 Interest }laid $0.00 Last'I'ransaction Date 12/02/2016 Current Payment Slalus Original Bill Payments Principal Balance Due Penalty interest Balance Due S3,289.80 (43,289.80) S0.00 $0.00 $0.00 S0.00 1 Transaction history Date 1}ype 'Iransuctionll Amount Balance 12/5/2016 Charge 0 $3,289.80 $3,289.80 12/1/2016 Principal Paid 858 ($3,289.80) $0.(X) Previous of I 5/3/17. 1:04 PM Untided Page ImpsWtaxes.co.fredel�va.us/applications/TR_payTaxes/REDetail.aspx r 1 - 0 . hcd,,,,I. IIow' Frederick County Vi r'( i I1 i ('1 LrrE nrTltE 7"0n Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Emai Deal Estate Ticket Detail Previous 2017 REAL ESTATE 1)eplJT1cket# RE2017 / 370950001 frequency 1 Supplementil 0 Name SOLENBERGER C ROBERT ETALS Maptt 43 A 99 Accountll 8008620 Name 2 Bill Dale 06/05/2017 Acreage Address 114 N CAMERON ST Due Date 06/05/2017 Improvements WINCHESTER VA Desc 49.95 ACRES Land Value Zip 22601 4744 Land Use Minerals 49.9S0 S0.00 S1,096,G00.00 $0.00 $0.00 Current Payment Status Original Bill Payments Principal Balance Due Penalty Inleresl Balance Due S3,289.80 S0.00 $3,289.80 S0.00 S0.00 $3,289.80 Previous of I 5/3/ 17. 1:09. Pair Is. V z a: d m H am o d'�&N {ti�Nry D �z0 t: oh �r <0 U 0 z m x x ►_J 040017104 THIS DEED IN DISTRIBUTION made and dated this 24' day of August, 2004, by and between RUTHERFORD, LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and C. ROBERT SOLENBERGER, JOHN B. SCHROTH And JOHN S. SCULLY. IV, parties of the second part, hereinafter called the Grantees. WHEREAS, Rutherford Farm, LLC is a Virginia limited liability company, and the sole members of said limited liability company are: C. Robert Solenberger, John B. Schroth and John S. Scully, IV; WHEREAS, it is the desire of the members to distribute the following real estate to each of the members in their percentage interest of the limited liability company. NOW, THEREFORE, in consideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey with Special Warranty of Title unto C. Robert Solenberger an undivided one-third (1/3) interest, unto John B. Schroth an undivided one-third (1/3) interest and unto John S. Scully, IV an undivided one-third (1/3) interest in the following real estate: All that certain real estate lying and being situate in Stonewall Magisterial District, Frederick County, Virginia and more particularly on Schedules A-1, A-2, A-3 and A-4 attached hereto and by this reference made a part hereof as if set out in full. RUTHERFORD, LLC By: d' 4�� '.J C. Robert Solenberger, Membcr/Manager By:_ S2- J hn B. Schroth, Member/Managcr,„ Y !oh . Scully, IV, Member/Manager Page 1 of 2 CD ca-I ui STATE OF VIRGINIA .- CITY OF WINCHESTER, TO W T: a Notary Public in and for the State and jurisdicti afores do here certify that C. Robert Solenberger, John B. Schroth , John S. Scully, IV, personally appeared before me this day and acknowledged the foregoing instrument, all in their capacity as its Mcmbers/Managers in and in the name and for and on behalf of Rutherford, LLC, a Virginia Limited Liability Company, organized tinder the laws of the State of Virginia Witness my hand and official seal, this the day of 12004 My Commission expires: l e,--)f; NOT Y PU IC i l <tfR..AalwC % A'DEED o pJ Page 2 of 2 CD Cn SCHEDULE A-1 u, cn TRACT ONE: All that certain tract of land containing 23 acres, more or less, in Stonewall Magisterial District, Frederick County, Virginia and being all the remainder tract of land conveyed to Ray H. Duncan and Emma Duncan, his wife, as tenants by the entirety with common law right of survivorship from William B. Casilear, et ux. dated February 1, 1945 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 191 al Page 278. Ray H. Duncan died July 9, 1973 survived by Emma Duncan. Tax Map No. 43-A-I I I TRACT TWO: All ofthose contiguous tracts of land lying and being situate in Stonewall Magisterial District of Frederick County Virginia, originally containing 124.8 acres and 17.8 acres, according to the survey of Walker Me C. Bond, C.E. dated May 1952 of record in the aforesaid Clerk's Office in Deed Book 224 at Page 292, Less And Excgpting certain conveyance therefrom, leaving a balance of 115.30 acres, more or less, according to the Tax Books of Frederick County and being the remainder land conveyed to Ray H. Duncan and Emma Duncan, his wife, as tenants by the entirety with common law right of survivorship, by Deed dated June 7, 1952 from Camilla R. Bardshar, widow eral, orrecord in the aforesaid Clerk's Office in Deed Book 224 at Page 292. Ray H. Duncan Deed as aforesaid. Tax Map No. 43-A-99 TRACT THREE: All that certain tract of land in Stonewall Magisterial District of Frederick County, Virginia, bounded on the Western side by 1-81 for a distance of approximately 760 feet, on the South side by land formerly Burton Hoover for a distance of approximately 536 feet, on the Eastern side by the lands of Ray H. Duncan, et ur., for approximately 350 feet, and on the Northern side by the lands of Ray H. Duncan, et al. , for approximately 612 feet, said lot or parcel of land containing approximately 5'/2 acres, more or less; AND BEING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with remainder to the survivor by Deed dated October 1, 1963 from J.S. Hoover, widower of record in the aforesaid Clerk's Office in Deed Book 293 at Page 359. Ray H. Duncan died as aforesaid. Tax Map No. 43-A-96 Page 1 of 2 w • • ..n c, TRACT FOUR: All that certain tract of land in Stonewall Magisterial District, Frederick County, Virginia, containing 2.66 acres, more or less, and described in the Deed hereinafter mentioned; AND BEING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with the remainder to the survivor by Deed dated November 15, 1963 from A. N. Hampton, divorced, of record in the aforesaid Clerk's Office in Deed Book 294 at Page 656. Ray I-1. Duncan died as aforesaid. Tax Map No. 43-A-98 Emma S. Duncan (being one and the same as Emma Duncan) died testate on July 26, 1996 and by her Last will and Testament dated June 9, 1983, probated August 2, 1996, devised her property in equal shares, to her children, Richard Ray Duncan and Janet D. Riddick. AND BEING the same real estate conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan and Janet D. Riddick, of record in the Clerk's Office of the Circuit Court of Frederick County as Instrument No. 020011418, LESS AND EXCEPTING that portion conveyed to Virginia Apple Storage, Inc. by deed dated June 16, 2004 from Rutherford, LLC, of record in the aforesaid Clerk's Office as Instrument No. 040011262. I143.X0n!ad %A %Scut jk A -I wy4 Page 2 of 2 O Cjl 'J 1 _J SCHEDULE A-2 All that certain lot or parcel of land, together with all rights, rights -of -way and appurtenances thereunto belonging to, lying and being situate on the Martinsburg Pike, U.S. Route 11, about two (2) miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11,1983 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 563 at Pages 340 and 341 and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 020011419. Tax Map No. 43-A-100 111 NRultrfia l A ISIW.I. A-] w,il V • C� SCHEDULE A-3 All that certain lot or parcel of land, together with the improvements thereon, located about three (3) miles North of the City of Winchester, in the County of Frederick, Virginia, along Welltown Pike, containing 9.92600 acres, more or less, as more fully set forth on that certain plat and survey prepared by David M. Furstenau, L.S., dated the 13" day of March, 2001 attached to the Deed dated August 7, 2001 and recorded as Instrument No. 01-0010398 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; AND BEING the same property conveyed to Rutherford, LLC, a Virginia limited liability company, by Deed from Turner Enterprises, L.L.C., a Virginia limited liability company, July 10, 2002, of record in the aforesaid Clerk's Office as Instrument No. 020011420. Tax Map No. 43-A-97 I14Wk.Je.Lf/ 1A M3 vp! 0 i SCHEDULE A-4 All of that certain tract or parcel of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, along the Western boundary of U.S. Route 11 (Martinsburg Pike) containing 32,064 square feet, more or less, as shown by survey drawn by Richard U. Good, Certified Land Surveyor, dated November 13, 1964, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 307 at Page 496; AND BEING the same land conveyed to Rutherford, LLC, by Deed dated October 6, 2003 from Mary M. Taylor, widow, of record in the aforesaid Clerk's Office as Instrument No. 030023107. Tax Map No. 43-A-101 VIRGINIA: FREDERICK COUNTY, SCr. 17 This instrument of �"Tili ng w,t; produc d to me on ' Z�0/ _:rt : S and with a naiwic (If acknol� ledgement there o annexed %vas adnuIicd to record. T imptmcd by Sec, 5A.1-802 of $`"��( and 58.1-R01 have been paid, if uscssublc 4,.,t �O - Ck rk 1141-X. k,:Wd %A �SckJ.k A-4 vTJ a aC w F r g F�nc 5� : C toz � 0 t3 <oo� z''° 3 m; c z w x x • 040017104 sCD M w THIS DEED IN DISTRIBUTION made and dated this 24' day of August, 2004, by and between RUTHERFORD, LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and C. ROBERT SOLF,NBF,RGER, JOHN B. SCHROTH and JOHN S. SCULLY, IV, parties of the second part, hereinafter called the Grantees. WHEREAS, Rutherford Farm, LLC is a Virginia limited liability company, and the sole members of said limited liability company are: C. Robert Solenberger, John B. Schroth and John S. Scully, IV; WHEREAS, it is the desire of the members to distribute the following real estate to each of the members in their percentage interest of the limited liability company. NOW, THEREFORE, inconsideration of the mutual benefits to be derived therefrom, the Grantor does hereby grant and convey with Special Warranty of Title unto C. Robert Solenberger an undivided one-third (1/3) interest, unto John B. Schroth an undivided one-third (1/3) interest and unto John S. Scully, IV an undivided one-third (1/3) interest in the following real estate: All that certain real estate lying and being situate in Stonewall Magisterial District, Frederick County, Virginia and more particularly on Schedules A-1, A-2, A-3 and A-4 attached hereto and by this reference made a part hereof as if set out in full. RUTHERFORD,LLC By:N- C. Robert Solenberger, Member/Manager By;5��An�-- B. Schroth, Member/Manager,„ L( Joh . Scully, IV, Member/Manager Page 1 of 2 0 a-1 U' I STATE OF VIRGINIA .— CITY OF WINCHESTER, TO T: 11 , a Notary Public in and for the State and jurisdicti afores , do here eertify that C. Robert Solenberger, John B. Schroth , John S, Scully, IV, personally appeared before me this day and acknowledged the foregoing instrument, all in their capacity as its Members/Managers in and in the name and for and on behalf of Rutherford, LLC, a Virginia Limited Liability Company, organized under the laws of the State of Virginia Witness my hand and official seal, this the -25 6b day of � , 2004 My Commission expires: 1� NOT Y 'pU IC I I c1GtuY�tl(ad \ A DEED n U�uHn.n •p1 Page 2 of 2 r 0 • C3 l n SCHEDULE A-1 ui cn TRACT ONE: All that certain tract of land containing 23 acres, more or less, in Stonewall Magisterial District, Frederick County, Virginia and being all the remainder tract of land conveyed to Ray H. Duncan and Emma Duncan, his wife, as tenants by the entirety with common law right of survivorship from William B. Casilear, el ux. dated February 1, 1945 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 191 at Page 278. Ray H. Duncan died July 9, 1973 survived by Emma Duncan. Tax Map No. 43-A-1I I TRACT TWO: All of those contiguous tracts of land lying and being situate in Stonewall Magisterial District of Frederick County Virginia, originally containing 124.8 acres and 17.8 acres, according to the survey of Walker Me C. Bond, C.E. dated May 1952 of record in the aforesaid Clerk's Office in Deed Book 224 at Page 292, Less And Excentinu certain conveyance therefrom, leaving a balance of 115.30 acres, more or less, according to the Tax Books of Frederick County and being the remainder land conveyed to Ray H. Duncan and Emma Duncan, his wife, as tenants by the entirety with common law right of survivorship, by Deed dated June 7, 1952 from Camilla R, Bardshar, widow eral, of record in the aforesaid Clerk's Office in Deed Book 224 at Page 292. Ray H. Duncan Deed as aforesaid. Tax Map No. 43-A-99 TRACT THREF: All that certain tract of land in Stonewall Magisterial District of Frederick County, Virginia, bounded on the Western side by 1-81 for a distance of approximately 760 feet, on the South side by land formerly Burton Hoover for a distance of approximately 536 feet, on the Eastern side by the lands of Ray H. Duncan, er ur., for approximately 350 feet, and on the Northern side by the lands of Ray H. Duncan, er al. , for approximately 612 feet, said lot or parcel of land containing approximately 5% acres, more or less; AND BEING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with remainder to the survivor by Deed dated October 1, 1963 from J.S. Hoover, widower of record in the aforesaid Clerk's Office in Deed Book 293 at Page 359. Ray H. Duncan died as aforesaid. Tax Map No. 43-A-96 Page 1 of 2 11 TRACT FOUR: All that certain tract of land in Stonewall Magisterial District, Frederick County, Virginia, containing 2.66 acres , more or less, and described in the Deed hereinafter mentioned; AND BITING the same property conveyed to Ray H. Duncan and Emma Duncan, jointly with the remainder to the survivor by Deed dated November 15, 1963 from A. N. Hampton, divorced, of record in the aforesaid Clerk's Office in Deed Book 294 at Page 656. Ray 1.1. Duncan died as aforesaid. Tax ,Map No. 43-A-98 Emma S. Duncan (being one and the same as Emma Duncan) died testate on July 26, 1996 and by her Last will and Testament dated June 9, 1983, probated August 2, 1996, devised her property in equal shares, to her cluldren, Richard Ray Duncan and Janet D. Riddick. AND BEING the same real estate conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan and Janet D. Riddick, of record in the Clerk's Office of the Circuit Court of Frederick Countyas Instrument No. 020011418, LESS AND EXCFPTING that portion conveyed to Virginia Apple Storage, Inc. by deed dated June 16, 2004 from Rutherford, LLC, of record in the aforesaid Clerk's Office as Instrument No. 040011262. 111I4RV.M!a] %A lSckhlk A -I wpd Page 2 of 2 C� • 0 G'-) Ul -J SCHEDULE A-2 All that certain lot or parcel of land, together with all rights, rights -of -way and appurtenances thereunto belonging to, lying and being situate on the Martinsburg Pike, U.S. Route 11, about two (2) miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, containing 1.310 acres, more or less, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated April 11,1983 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 563 at Pages 340 and 341 and by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Rutherford, LLC by deed dated July 10, 2002 from Richard R. Duncan, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 020011419. Tax Map No. 43-A-100 114MR,L f60 l A KcW.k A.:,rd • SCHEDULE A-3 All that certain lot or parcel of land, together with the improvements thereon, located about three (3) miles North of the City of Winchester, in the County of Frederick, Virginia, along Welltown Pike, containing 8.92600 acres, more or less, as more fully set forth on that certain plat and survey prepared by David M. Furstenau, L.S., dated the 13" day of March, 2001 attached to the Deed dated August 7, 2001 and recorded as Instrument No. 01 -00 10398 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; AND BEING the same property conveyed to Rutherford, I,LC, a Virginia limited liability company, by Deed from Tamer Cn(erprises, L.L.C., a Virginia limited liability company, July 10, 2002, of record in the aforesaid Clerk's Office as Instrument No. 020011420. Tax Map No. 43-A-97 11110-3e&,j 1A I J+dA. M) vp/ 0 0 CD 1J-1 CJI SCHEDULE A-4 `-' All of that certain tract or parcel of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, along the Western boundary of U.S. Route I 1 (Martinsburg Pike) containing 32,064 square feet, more or less, as shown by survey drawn by Richard U. Good, Certified Land Surveyor, dated November 13, 1964, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 307 at Page 496; AND BEING the same land conveyed to Rutherford, LLC, by Deed dated October 6, 2003 from Mary M. Taylor, widow, of record in the aforesaid Clerk's Office as Instrument No. 030023107. Tax Map No. 43-A-101 VIRGINIA: FREDERIC'K COUNTY, sCT. This instrument of writing ww produced to me on and with errtltiLatC nt'JAllf-ledaement thereto annexed n was adnucd to record. T irupat:ad by Src. SS.I•nt12 of S --:!! r tand 58.1-801 have been paid, if assessuble Clerk 1141eR. X,dvdk A &WA A-4 ..td Untitled sage 11ttps://1axcs.co.frcderi i.us/applications/TR_payTaxes/REDetail.aspx I �,•i-:r��t. li„�n, Frederick County Vi ro i l i i it Lzi=E ar WE roP Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2016 REAL ESTATE DepUTicketff RE2016 / 366890002 Frequency 2 Suppicruentil 0 Name SOLENBERGER C ROBERT ETA1S Mapff 43 A 99 Account# 8008620 Name 2 Bill Date 12/05/2016 Acreage 49.950 Address 114 N CAhtERON ST Due Date 12/05/2016 Improvements $0.00 WINCHESTER VA Desc 49.95 ACRES band Value $1,096,600.00 Land Use $0.00 Zip 22601 4744 Minerals $0.00 Penalty Paid S0.00 Interest Paid S0.00 last Transaction Date 12/02/2016 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $3,289.80 ($3,289.80) $0.00 S0.00 $0.00 $0.00 Transaction Ifis(ory Date Type Trmsactionll Amount Balance 12/5/2016 Charge 0 $3.289.80 $3,289.80 12/1/2016 Principal Paid 858 ($3,289.80) $0.(X) Previous I of 1 5/3/17. 1-04 PM Untitled sage hops://taxes.co.frederia.us/applications/TR_payTaxes/REDetail.aspx t I rrdcn. V, HOW,,I'-,Frederick County Vi P) i I i �l LrfE _ ArrtcE rOP Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options Change Emai Deal Estate Ticket Detail Previous 2017 REAL ESTATE DepuTickeW RE2017 / 370950001 Frequency 1 supplementit 0 Name SOLENBERGER C ROBERT EtALS Mapll 43 A 99 Accountit 8008620 Name 2 Bill Date 06/05/2017 Acreage Address 114 N WIERON ST Due Date 06/05/2017 Improvements WINCHESTER VA Dest: 49.95 ACRES Land Value Zip 22601 4744 Land Use Minerals 49.9S0 $0.00 S1,096,600.00 $0.00 $0.00 Current Payment Status Original Bill Payments Principal Balance Due penalty Interest ISnlance Due S3,289.80 S0.00 $3,289.80 S0.00 $0.00 $3,289.80 I Previous Of 1 5/3/ 17. *i-n?. PM COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 28, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #03-17 FOR RUTI-fERFORD CROSSING On belialf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 12, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-17 for Rutherford Crossing, submitted by Greenway Engineering, Inc., to rezone 22.16+/- acres from the MI (Light Industrial) District to the 132 (Business General) District with proffers and 27.07+/- acres of land zoned M 1 (Light hndustrial) District with proffers to the M1 (Light Industrial) District with revised proffers. Tile property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-99. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, — Assistant Director CEP/pd 107 North Kent Strcet, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on (r J �-') I I I fi-om the Department of Planning and Dcvelopment, Frederick Cout ty, Virginia: 43 - A- - 105- 43 - A- • 98- VIRGINIA STORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER VA 22601.6305 43 - A• • 98-A ROPER INVESTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS VA 23834 43 - A- - 99- SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601.4744 43 - A- - 99-A FREDERICK COUNTY SANITATION AUTHORITY 107 N KENT ST WINCHESTER VA 22601.5030 43 - A- • 100-F RUTHERFORD FARM LLC CIO NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA VA 22182.2641 43 - A- • 100-A LOWE'S HOME CENTERS INC 1000 LOWES BLVD MOORESVILLE NC 28117.8520 43 - A. - 103• NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 RISSLER THOMAS W RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 - A- - 106- LEE RONALD A LEE MARY C 1947 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 • A- - 107- MCQUAIN CLIFFORD D ETALS CIO GARY MCQUAIN 1211 AIRPORT RD WINCHESTER VA 22602.4525 43 • A- • 108- BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 - A- - 111- COWPERWOOD FEMA LLC CIO HARDING & CARBONE 1235 NORTH LOOP W HOUSTON TX 77008.4701 Candice L. Perkins, AICI', CZA Assistant Director Frederick COLlllty Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Candice C. Perkins, Assistant Director for the Department of Pg and Development, whose name is signed to the foregoing, dated m e) 1 1 "1 , has personally appeared before me and acknowledged the same in my Stat6 and County aforesaid. Given under illy hand this day of My commission expires on NOT RY U RY PUBLIC REGISTRATION N 364474 COMMONWEALTII or VIRGINIq MY COMMISSION EXPIRES DECEMBER 31, 2017 43 'A'-112-B OEHAVE0CH&RiES8JR 2U75D08RT|038URGPIKE VV|0CHESTERVA 228034715 43 -21- - 6- CCLA0 LLC 2O3EBERTRD UV|0CHESTERVA 22603-4704 43 -21' - 9-8 CCLA0 LLC 283 EBERTRD UV|0CHESTERVA 226034704 43C ' 1' ' 8' MESS|CKMOYR MBS|CK0AN0i 188701ART|0GBURGPIKE VV\0CHE8TERVA 22603-4768 43C '1- ' B' 0NLLC 112L&UNCHR\S DO UV|NCHESTERVA 22602-6677 43C ' 1' ' O' k8ODUEK0|CHAElA 1Q27MARTIWSBURGPIKE COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 24, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-17 FOR RUTHERFORD CROSSING On belialf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, Jame 7, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #03-17 for Rutherford Crossing, SUbmitted by Grcenway Engineering, Inc., to rezone 22.16+/- acres from the M 1 (Light Industrial) District to the 132 (Business General) District with proffers and 27.07+/- acres of land zoned M 1 (Light Industrial) District with proffers to the M 1 (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-99. Any interested parties having cluestions or wishing to speak may do so at the public hearing. 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.icva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 f This is to certify that the attached correspondence was mailed to the following on �z y 1 � -1 from the Department of Planning and Development, Frederick County, Virginia: 43 • A- • 103- 43 • A• • 98- VIRGINIA STORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER VA 22601.6305 43 • A• • 98•A ROPER INVESTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS VA 23834 43 • A• • 99- SOLENBERGER C ROBERT ETALS 114 N CAMERON ST WINCHESTER VA 22601.4744 43 • A. • 99•A FREDERICK COUNTY SANITATION AUTHORITY 107 N KENT ST WINCHESTER VA 22601.5039 43 • A• • 100•F RUTHERFORD FARM LLC CIO NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA VA 22182.2641 43 • A• • 100•A LOWE'S HOME CENTERS INC 1000 LOWES BLVD MOORESVILLE NC 28117.8520 STATE OF VIRGINIA COUNTY OF FREDERICK NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER VA 22603.3947 43 • A• • 105- RISSLER THOMAS W RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER VA 22603.4714 43 • A. • 106- LEE RONALD A LEE MARY C 1947 MARTiNSBURG PIKE WINCHESTER VA 22603.4714 43 • A• • 107- MCQUAIN CLIFFORD D ETALS CIO GARY MCQUAIN 1211 AIRPORT RD 22602 4525 WINCHESTER VA 43 • A• • 108- BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER VA 22603.4714 l Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. `1"e>✓���,_� (.k � C�v , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated S Xy �1 , has personally appeared before me and acknowledged the same in my Stat and rr d County aforesaid. Given under my hand this [;� Ll day of 0--�-k� My commission expires on IAMALA NOTARY PUBLI NOTARY DPUBUC REGISTRATION R 364474 COMMONWEALTH OF VIR(-,.` �1\ ! My COMMISSION EXPIh! DECEMBER 31, 2017 43 -A- '111' CDWPERWOOOFENALLC CIO HARD|NG&C&HBD0E \23SNORTH LOOP VV HOU3TO0TX 77008-4701 43 -A''1l2-0 DEHAV8QCHARLES8JR 2D750YART|0DBURCPIKE UV|NCHESTE0VK 226034715 43 .21' ' G� C CLAN LLC 2D3E8EXTRD UU|NCHE3TERV8 22603-4784 40 -21'- 9-13 CCLAN LLC 2B3E8ERTRO VV|0CHEGTERV8 22603'4704 43C-1'- A- MESS|CKRDYR MESS|CK0ANCYL |D97MAHTNS8URGPIKE UV!0CHESTERVA 22603'4768 43C '1- - & 00LLC 112LAU0CH8|8OH � 1B27MAKO0S8URGPIKE RUTHERFORD CROSSING, TAX MAP 43-A-99 REZONING Tax Map Number Owner Mailing Address City and State ZIP Acreage Zoning 43 A 98 VIRGINIA STORAGE SERVICES LLC 1955 VALLEY AVE WINCHESTER, VA 22601 19.21 MI 43 A 98A ROPER INVESTMENTS LLC 2903 A BLVD COLONIAL HEIGHTS, VA 23934 8.88 M1 43 A 99A FREDERICK COUNTY SANITATION, AUTHORITY 107 N KENT ST WINCHESTER, VA 22601 0.07 M1 43 A 100F RUTHERFORD FARM LLC, C/O NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA, VA 22182 5.44 82 43 A 100A LOWE'S HOME CENTERS INC 1000 LOWES BLVD MOORESVILLE, NC 28117 12.88 82 43 A 103 NANBODAN PROPERTIES LLC 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 0.88 RP 43 A 105 RISSLER THOMAS W, RISSLER MARY L 1937 MARTINSBURG PIKE WINCHESTER, VA 22603 1 RP 43 A 106 LEE RONALDA, LEE MARYC 1947 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 43 A 107 MCQUAIN CLIFFORD D ETALS, C/O GARY MCQUAIN 1211 AIRPORT RD WINCHES -TER, VA 22602 1.75 RP 43 A 108 BROWN LORI A 1985 MARTINSBURG PIKE WINCHESTER, VA 22603 1.5 RP 43 A 111 COWPERWOOD FEMA LLC, C/O HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON, TX 77025 17.1 M1 43 A 112B DEHAVEN CHARLES S JR 2075 MARTINSBURG PIKE WINCHESTER, VA 226031 8.64 RA 43 21 6 C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 20.87 M2 43 21 98 C CLAN LLC 283 EBERT RD WINCHESTER, VA 22603 2.04 43C 1 A MESSICK ROY R, MESSICK NANCY L 1897 MARTINSBURG PIKE WINCHESTER, VA 22603��V 43C 1 B BML LC 112 LAUNCHRIS DR WINCHESTER, VA 2260243C 1 D MOORE MICHAEL A 1927 MARTINSBURG PIKE WINCHESTER, VA 22603 SOURCE: FREDERICK COUNTY GIS, FEBRUARY 2017 TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please print sets of labels by J THANKS! ADJOINING PROPERTIES LISI ING SORTED BY TAX MAP NUMBER COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 24, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 1/03-17 FOR RUTI-IERFORD CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 7, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 403-17 for Rutherford Crossing, submitted by Greenway Engineering, Inc., to rezone 22.16+/- acres from the MI (Light Industrial) District to the B2 (Business General) District with proffers and 27.07+/- acres of land zoned MI (Light Industrial) District with proffers to the MI (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Properly Identification Number 43-A-99. Any interested parties having questions or wishing to speak may do so at the public hearing. 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 o1' Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 24, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-17 FOR RUTHERFORD CROSSING On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 7, 2017, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: o-- Rezon" 43-17 for Rutherfor rossing, submitted by Greenway Engineering, Inc., to rezone•22.16+/- acre portion of 49.23+/- parcel from the M1 (Light Industrial) District to B2 (General Business) and M1 (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A- 99. Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester. Virginia 22601-5000 DEPT. OF GEOGRAPHIC &ORMATION SYSTEMS FREDERICK COUNTY, VIRGFNJA Q�w 6-� �_x GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: ),-I REQUESTED COMPLETION DATE: S 1 I 0�, 11' REQUESTING AGENT. Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST C-010{ N\0..Q (rT-N�-- `14 3�f�- 1� DIGITAL: SIZES: COLOR FAX: (Write additional information on `back of request) P'T� PAPER ---FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) rn-j J-,3 607Z_ rn11 w 4+ x P ro r_S COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 tIr �- L, JUL 5 2017 j L ----J FHEDERICK COUNTY PLArWl"r: r\Nr ��V7i• nnrn�r,i` %i = 22cS 43 - A- - 99-A FREDERICK COUNTY SANITATION C4�S !l c\ AUTHORITY Jl 107 N KENT ST WINCHESTER VA 22601.5039 1iil��„1,;),i,Il�l'lii�,ll11�11,�,1�„1,nli 1111 �S C lceFRT �g � a � t till �9C ti i N N �� 1P 6.77 9~ 43 21 6 �t RSON CT_ Q PA?i Zw Wu cW t � 13 A 9Y (Portion Not To Be R*zon*A) U A 1129 Q\'F Z ? YYII''� 11.. � Z (� +yo ? ,Mc � O w ly s RQ\ o a O of M Q d JFS SICA IN cr a Z .3 A ,,, = C Z DX 11 A DNA Q 0 J u A 166A (7 10. Z Z pt �P p o N F m 0 Z H (7 U A I 1nLU > a ui ,n ? 4 Tax < MCGhf ur u FQc Z ? U 0 cr < w Ltsttt,l4 �P ��S NG o w w H Poreon o1 63.A." To B6 R62or,e0 Feet O 4 Adfa—g PMp6ny N/ w y R P. w w Bouw u� �a►` \ 10e+'t 500 0 500 Bi11 ON t w S— Fmdo-O C—ft N G4 DeprY,rN. 2016 Dr / PART OF TAX PARCEL / I CAN B. SCHROTH ANDR JOHN S. SCU LY, IV / 52754'00'W M INSTRUMENT 040017164 2n 78' 240693 ACRES lk ZONED "M-1" / I \ 100 YR FLOOD PL /,/ PF — / // ti J41 (;Yl GRAPHIC SCALE ,; q soo SCALE: I" - 300' PLAT SHOWNG STREET DEDICATION AND VARIOUS EASEMENTS ON THE PROPERTY OF G ROMT JCW fit SaMN AND JOHN S SaAlY, IV INSTRUMENT N0. 040017164 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, ORGINIA bury or nets INOINIIIINO SOLUTIONS ll—lUmc ln&eerl and Surveyors I--U%, Vk&k 70187 lei 6(S/i(i-Trie he 60/3p-Tril i FnJ+M1rtrn-41L loe. O�,il PLOT �I N7It76'4,9"E 194.41 TAX PARC/EyL 43 A 111 COIM'ERl LLC INSET p / v6x. NOTE: SEE SHEETS 6 & 7 FOR LEGEND, LINE DATA, CURVE DATA, AND AREA TABULA T7ON e .K4 i E. KROE No. 1435E 0 0 1-l" �' L I V, 151 Windy Hill Lane Winchester, Virginia 22602 r•Nn iL� 1971 GREENWAY ENGINEERING TRANSMITTAL Project Name: Rutherford Crossing Tax Parcel 43-A-99 Rezoning File No: 2795J Date: Mon, Apr 24, 2017 To: County Attorney From: Evan Wyatt Attn: Rod Williams GREENWAY ENGINEERING Copied Candice Perkins Phone: 540-662-4185 Fax: 540-722-9528 Delivery: Fed Ex [_J U.S. Mail Courier Pick Up [_ ] Other El Urgent°] For Your Review [] As You Requested [�J Please Comment Message Hi Rod, I have attached the revised Proffer- Statement that addresses the comments from your March 30, 2017 letter. The revisions are identified with redline text and strike-thru text to assist you with this review. Please contact me if you have any questions or if you would like to discuss anything regarding this project. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: `-1 -dLI J / '4e-r ('n r vtv"- i GREENWAY ENGINEERING _ 151 Windy Hill Lane Fonnded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Rutherford Crossing Parcel 43-A-99 Rezoning File No: 2795J Date: Fri, Mar 10, 2017 To: FC Planning Attn: Candice Perkins Copied Delivery: Fed Ex �] Other _ Urgent ® For Your Review As You Requested Please Comment From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Hi Candice, U.S. Mail Message Courier (—_I Pick Up Please find attached two sets of the information pertallllllg to the Rl1thel'fO1'd Crossing Parcel 43-A-99 rezoning for your review and comment. Please contact me il' you have any questions or advise me when your comments are available and I will make arrangements to pick them up from Your Office. Thank you, Evan Hand Delivery and Pick Ups Only: Received by:. Please Print Name: Date: t � R-UTHER'FORDLLC07/02 BS. 540-662-0323 114 N CAMERON ST WINCHESTER. VA 22601-4745 to the f, ar of mBRANCH BIWKIN6 AND TRUST PANY For— - CO S14042601:00051341?2?0 1387 68-4261514 zG Date m ollars 12 1387 r 151 Windy Hill Lane Winchester, Virginia 22602 FND 1971 IM,AI 2017 GREENWAY TRANSMITTAL* ENGINEERING Project Name: Rutherford Crossing Parcel 43-A-99 Rezoning Application File No: 2795J Date: Tue, May 9, 2017 To: FC Planning Attn: Candice Perkins Copied Delivery: ❑ Fed Ex ❑ U.S. Mail Other ❑ Urgent For Your Review Hi Candice, From: Evan Wyatt. GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 L � COL11-iCr ❑ Pick Up ❑ As You IZcquestcd ® Please Comment Message I have attached a set Of the rezoning application with original slgnatlU'C documents; as well as an extra copy of the application information and a CD with P1)Fs Of all information. Please advise I11C If YOU heed anything else regarding this matter and please sChCdUIC this application for the JUne 7th Planning Commission meeting. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: 3 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 DOCUMENTDOESNOTMEET YOUR APPROVAL PLEASE PRO VIDE COMMENTSAS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED: Initial Date & Time Candice Mark Dave Tyler 'Nfike John COMMENTS: Received b Clerical Staff ) r Y (Date &Time): 1' b>> L (-.-C ( (S:Office on Blackbox TormslDocu men t Approval Form --6/7/2016 )