Loading...
HomeMy WebLinkAbout13-07 Rutherford Crossing Retail - Stonewall - BackfilePlease note: The site plans associated with this file are located in the file room. 0 SITE PLAN TRACKING SHEET Date: ,Z)Hk? File opened /3 o Reference Manual updated/number assigned D-base updated D 7 File given to Renee' to update Application Action Summary CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file (o File stamped "approved", 'denied" or 'withdrawn" Reference Manual updated D-base updated (o as 0? File given to Renee' for final update to Application Action Summary 14 Cc ��, � I D U arv%Common\Tracking chmuSnc Plan Tracking wpd Rrvised Cb 6a i SITE PLAN APPLICATION CHECKLIST The cbecklist shown below specifies the information which is required to be submitted as part of the site plan application. The Department of Planning & Development will review the application to ensure that it is complete prior to accepting it. If any portion of the application is not complete, it will be returned to the applicant(s). (1) One (1) set of approved canmment sheets are required from each relevant review agency prior to final approval of a site plan_ It is recommended that applicants contact the Department of Planning & Development to determine which review agencies' are relevant to their site plan application_ A list of potentially relevant review agencies is shown below: Frederick County Department of Planning & Development ✓ Department of GIS (Geographic Information Services) Frederick County Sanitation Authority ✓ Frederick County Building Inspections Depar(m Bent Frederick County Department of Public Works Frederick County Fire blarsh-1 4x_ Frederick County Health Deparment ✓ Frederick County Department of Parks & Recreation V— Virginia Department of Transportation (VDO"I) City of )I'Fmchester -f,_ Town of Stephens City Town of Middletown `C Frederick County / Winchester Aiiport Authority (2) One (1) copy of the Site Plan application form. (3) Payment of the site plan review fee. `� (4) One (1) reproducible copy of the Site Plan (if required). m 0 m 0 LL 4. 0 C ;~oo Q 0 C-1 y a) (V > U C�3 U bD vl 7� U cl [� O In RECEIVED FROM r ADDRESS Cl FOR RENT ❑FOR DATE wo. 5 8 4.9 ��c(qc; CL rarm—s AMT. OF CASH ACCOUNT AMT. PAID CHECK CL BALANCE MONEY DUE ORDER DOLLARS ' i3�"--'q3 t / li 3-A-10� BY 1 ury -+- Partner s ENGIN E ERING SOLUTIONS May 17, 2007 County of Frederick Department of' Planning and Development Attn: Candice E. Perkins 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: First Review Comments for SP#13-07; Rutherford Crossing, Property Identification Numbers (PINS): 43-A-99, 43-A-100 RESPONSE TO COMMENTS SECOND REVIEW COMMENTS DATED 4-30-2007 Comment 1) Special Limited Power of Attorney Form. Please have the all of the property owners sign a Special Limited Power of Attorney Form prior to further review or approval. This force should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. Response: Special limited power of attorney form is enclosed for your records. Comment 2) Subdivisions and Shared Parking Agreement. As you are aware, the final subdivision of this site needs to be completed before the site plan can be approved. Also, any shared parking agreements required because of the subdivisions need to be recorded with the subdivision. Response: The subdivision plat has been submitted. Due to the recent zoning determination in regards to the required parking for Lowe's (Lot 2), a shared parking agreement is no longer necessary. BURY+PARTNERS-VIRGINIA, INC. 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia 20151 Fet (703) 968-9090 FAX (703) 968-4866 Austin • Dallas • Houston • San Antonio • Temple, Texas Fairfax • Warrenton • Williamsburg, Virginia www.burypartners.com • 1J O N �1 G N O +� U Pm ,J +i o ai U� a� u .hl. N G U •H Z �3: b �4 W a a� N a, O Tax Parcels 43—A-100, 43—A-98, 43—A-99 cn THIS SUBSTITUTION OF EASEMENT AND VACATION OF EASEMENT is made and dated this 9th day of May, 2007, by and between VIRGINIA APPLE STORAGE, INC., a Virginia corporation, party of the first part, (indexed as Grantor and Grantee); C. ROBERT SOLENBERGER, JOHN B. SCHROTH and JOHN S. SCULLY,.IV, parties of the second part, (indexed as Grantors and Grantees); COWPERWOOD FEMA, LLC, a Virginia limited liability company, party of the third part; (indexed as Grantor and Grantee); and RUTHERFORD FARM, LLC, a Virginia limited liability company, party of the fourth part, (indexed as Grantor and Grantee). WHEREAS, Virginia Apple Storage, Inc. is an owner of a certain tract of land, containing 28.324 acres, together with a 50-feet wide ingress/egress easement to and from U. S. Route 11 and being the same land conveyed to Virginia Apple Storage, Inc. by Deed dated June 16, 2004 from Rutherford, LLC, a Virginia limited liability company, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04-0011262; and, WHEREAS, by Final Plat for Boundary Line Adjustment Between the Lands of C. Robert Solenberger, et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 05-0006701, the aforesaid 50-feet easement was expanded to an 80-feet easement running in a generally westerly direction and there was added a 60-feet wide easement running in a generally northeasterly direction and which easements were established for the benefit of Tax Map Parcel 43-A-98 (Virginia Apple Storage, Inc.), Tax Map Parcel 43-A-111 (Cowperwood FEMA, LLC) and 43-A-99 (C. Robert Solenberger, et al, properties) (the dominant estates) as shown on the aforesaid plat; and, WHEREAS, by Deed dated March 23, 2005, C. Robert Solenberger, et al, conveyed to Rutherford Farm, LLC a certain 51.1176 acres of record in the Clerk's Office of the Circuit CD CD cnp a_ . Cn Co Court of Frederick County, Virginia, as Instrument No, 05-0006702 (Tax Map Parcel No. 43- A-100) and the aforesaid tract of land is the servient estate for both the 80-feet wide non- exclusive ingress/egress easement and the 60-feet wide non-exclusive ingress/egress easement as heretofore recited; and, WHEREAS, C. Robert Solenberger, et al, by Deed dated October 31, 2006 conveyed to Cowperwood FEMA, LLC, a Virginia limited liability company, the certain tract of land containing 18.3453 acres (Tax Map No. 43-A-111), which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 06-0020794 and which property benefits from the aforesaid 80-feet wide and 60-feet wide rights -of -way heretofore recited; and, WHEREAS, Virginia Apple Storage, Inc., Cowperwood FEMA, LLC and C. Robert Solenberger, et al, have agreed to the substitution of certain rights -of -way of varying widths (but not less than 60 feet wide) in lieu of the aforesaid 80-feet wide and 60-feet wide rights -of - way, which are shown on the plat of survey drawn by John E. Krobath, L.S., dated February 14, 2007, attached hereto and by this reference made a part hereof as if set out in full and which rights -of -way are designated thereon "Future Merchant Street", "Future Market Street", and "Future Milton Ray Drive" (see Sheet 3 of 5 of the February 14, 2007 survey of Krobath). All of said streets are intended to become public rights -of -way and dedicated to the County of Frederick upon the acceptance by the County of Frederick of said streets. NOW, THEREFORE, in consideration the benefits to accrue thereby, the parties agree as follows: 1. Grant of Ingress/Egress Easement To Be Known as Merchant Street, Market Street and Milton Ray Drive. Rutherford Farm, LLC does hereby grant non- 2 (T M �n o 0 exclusive, appurtenant rights -of -way to Virginia Apple Storage, Inc,, to Cowperwood FEMA, LLC and to C. Robert Solenberger, John B. Schroth and John S. Scully, IV, their successors and assigns, for the purpose of ingress and egress over those certain rights -of -way designated Future Merchant Street, Future Market Street, and Future Milton Ray Drive as shown on the aforesaid plat drawn by John E. Krobath, L.S., dated February 14, 2007, attached hereto and by this reference made a part hereof as if set out in full, and which rights -of -way shall be appurtenant to Tax Map Parcel No. 43-A-98, Tax Map Parcel No. 43-A-99 and Tax Map Parcel No. 43-A-111, the three tracts of land being the dominant estates served by the public rights -of - way and the servient estate being the Rutherford Farm, LLC tract of land designated Tax Map Parcel 43-A-100, containing 58.9835 acres, as shown on the plat of survey drawn by John E. Krobath, L.S., dated February 14, 2007. 2. Dedication to Public Use. It is agreed by all of the parties hereto that, at such time as Merchant Street, Market Street and Milton Ray Drive shall be dedicated to the County of Frederick, Virginia, and accepted, the rights -of -way hereinbefore granted to C. Robert Solenberger, et al, Cowperwood FEMA, LLC and Virginia Apple Storage, Inc. shall cease and C. Robert Solenberger, et al, Cowperwood FEMA, LLC and Virginia Apple Storage, Inc. agree to quit -claim all of their right, title and interest in and to the Merchant Street, Market Street and Milton Ray Drive to the County of Frederick, Virginia, as a public roadway. 3. Vacation of Existing 80-feet wide and 60-feet Inaress/Et!ress Easement. Virginia Apple Storage, Inc. and C. Robert Solenberger, John B. Schroth and John S. Scully, IV, and for their successors and assigns, do hereby release, convey and quit -claim all of their right, title and interest in and to the existing 80-feet wide non-exclusive ingress/egress easement and the existing 60-feet wide non-exclusive ingress/egress easement as set forth in 3 E0. CD the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument Nos. 04- 0011262 and 05-0006701 to the end that so much of said rights -of -way that shall lie outside of the Future Merchant Street and the Future Market Street shall be vacated and shall be deemed no longer to exist; the aforesaid Merchant Street and Market Street being the replacement for said 80-feet wide and 60-feet wide ingress/egress easements. 4. Additional Documentation. Each of the parties hereto agree to execute such documents as shall be necessary, in the future, to reasonably carry out the intent of this Agreement. WITNESS the following signatures and seals: f=R,4 (SEAL) C.ROBE T =LERGER 2 (SEAL) JOWS. SCULLY, IV VIRGINIAA,PPLE STORAGE, INC. By: �' �`�/�v�� (SEAL) C. Robert Solenberg r, Chairman STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: I, L.- -B a Notary Public in and for the State and jurisdiction 4foresaid, do hereby certify that C. ROBERT SOLENBERGER, JOHN R. SCHROT , JOHN S. SCULLY, IV, and C. ROBERT SOLENBERGER, Chairman of Virginia Apple Storage, Inc., whose names are si ned to the foregoing Deed of Vacation of Easement and Dedication of Easement dated the 9" day of May, 2007 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 9'1' day of May, 2007. My Commission expires A,/ N Y PUBLIC 4 co --� o .� o 0 COWPERWOOD FEMA, LLC, a Virginia limited liability company By: Name: Edward J. Sussi Title: Senior Vice President STATE OF NEW YORK ) COUNTY OF 1 JEW- I, N�e-rj C 6)2761� a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that EDWARD J. SUSSI, Senior Vice President of COWPERWOOD FEMA, LLC, a Virginia limited liability company, whose name is signed to the foregoing Deed of Vacation of Easement and Dedication of Easement dated the �)day of May, 2007 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of May, 2007. My Commission expires I o 23 � 10 NOTARY PUBLIC() NANETTE HANNIGAN Notary Public, State of New York 7 ' > No. 31-4875068 _Ouallfied In New York County Term Expires October 27, 201b RUTHERFORD FARM, LLC, a Virginia limited liability company by NV Retail, Inc., a Virginia corporation, its managing member J STATE OF VIRGINIA, U SEAL) O O C) CITY OF WINCHESTER, TO -WIT: /t QIZ� a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Jack W. Waghorn, President of NV Retail, Inc., Managing Member of Rutherford Farm, LLC, whose name is signed to the foregoing Deed of Vacation of Easement and Dedication of Easement dated the 9a' day of May, 2007 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this My Commission expires 9 day of May, 2007. Y PUBLIC 11486-B John Scully, IV \ AASubstitution of Easement and Vacation of Easement v2.doe VIRGINWA: FREDERICK COUNTUCT. This instrun,,ent of writing was produced to me at 3 an,.i uiih certificate ackiiowledacl t thereto annexed \,:;s admitted to record. Tax i y scd by Sec. 58.1-802 of S , and 5 - 01 have been paid, if assessable. Clerk 0 VACATION & DEDICATION o OF AN p INGRESS/EGRESS EASEMENT --- THROUGH THE PROPERTY OF — RUTHERFORD FARM, LLC INSTRUMENT NO. 050006702 INSTRUMENT NO. 0-1 O0U-19 i e) STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA � w r yNS 4 �� gee' 838 y0 r� 1 � /I 4� VICINITY MAP NTS COPYRIGHT ADC #20501103 wa OWNER'S CERTIFICATE: THE DEDICATION OF THE EASEMENT DESCRIBED HEREON IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS BENEFICIARIES AND TRUSTEES, IF A Yx -% RUTHERFO 1 INIA APPLE STOR GE, INC C. ROBERT SOLENtERGER X110N S. SCULLY, V 1,60HN B. SCHROTH COMMONWEALTH OF VIRGINIA, CITY/ee&,-T-r- OF VJltrcTO WIT: THE AFOREGOING OWNER'S CERTIFI TE WAS ACKNOWLEDGED BEFORE ME THIS 'DAY OF 2007. BY • J --0I NOTARY PUBLIC MY COMMISSION EXPIRES COMMONWEALTH OF VIRGINIA, Cf-TY/COUNTY OF TO WIT: THE AFOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS/, DAY OF /11q-aCt4. 2007. BY _ lA i L LI 01)1 W. ►aLti fl'1_ n NOTARY PUBLIC MY COMMISSION EXPIRES NOTES 1. THE PROPERY SHOWN HEREIN IS IDENTIFIED AS: PARCEL #43 A 100, AND IS ZONED "M-1" & B-2" 2. TITLE REPORT FURNISHED BY CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO. 277300006 AND 267300132, BOTH DATED DECEMBER 28, 2006 3. THE SUBJECT PROPERTY IS LOCATED ON FEMA FLOOD INSURANCE RATE MAP, NUMBER 510063 PANEL 0105B, DATED JULY 17. 1978, AND IS LOCATED IN ZONE "C". 4. THE MERIDIAN ON THIS PLAT REFERENCED TO NAD 83 VA NORTH ZONE. SUR VEYOR'S CER TIFICA TE. 1, JOHN E. KROBATH, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA DO HEREBY CERTIFY THAT THE 'IH OF PROPERTY SHOWN HEREIN IS THE RESULT OF A FIELD RUN L Lf BOUNDARY SURVEY AND IS NOW IN THE NAME OF RUTHERFORD FARM, LLC,INSTRUMENT NO. 050006702, ANDO-1000-1c'18 AS TOTAX PARCEL #43-A-100 RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. (JHN E. KROBATH ury -- ar Hers o. 1435B ENGINEERING SOLUTIONS CHECKED BY.- JEK Consulting Engineers and Surveyors DRAWN BY.• JTM4154 Weeks Drive SCALE.• N AD��4 S U RI Warrenton, Virginia 20187 Tel 540/349-7730 Fax 540/340-7731 DATE.' 01129107 ♦�� Dury+Partners—VA, Inc. ©Copyright. 2007 ro':ct No.: 2022502, SHEET 1 OF 5 WINCHESTER IMA•-TE/�...&_ S—EWE,---E A .A INGRESS/EGRESS� EASEMENT i INSTRUMENT 04001 1262 & / 050006701 / i.�S �; , (HEREBY VACATED) CD 0 N & WESTERN RAILROAD_ 11--klE d-T-INErTfiU, fCNT---•02001.49677- E 60' I INGRES /EGRESS It) EASEMENT /NSTl�2,Z MENT # I 0506701 & 7918 I (HEREBY VACATED) 74 IMAC 'LD �; - �-;•�, ~~ Jam• '""��'- rq lI� `, II�ISTRUML.NT 0i `0yV/AiC, i)SOC)Of 701 ;� RigeC e p�� 0-' 77 ..... / ^J 4,75' BRI--- INDICATI-S DRL I- MEBY VACATED a APPROVALS: m s FREDERICI< COUNTY SUBDIVISION ADMINISTRATOR Z 0 VACATION & DEDICATION OF AN INGRESS/EGRESS EASEMENT E THROUGH THE PROPERTY OF RUTHERFORD FARM, LLC z INSTRUMENT NO. 050006702 E INSTRUMENT NO. 070007918 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA tjury 1- Hartners E N G I N E E R I N G 5 0 L U T I O N 5 Consulting Engineers and Surveyors 4154 Weeks Drive Warrenton, Virginia 20107 Tel 540/349-7730 Fax 540/349-7731 Bury+Partners—VA, Inc. ©Copyright 2007 -f� GRAPHIC SCALE 300 0 300 SCALE: 1 " = 300' DA TE CHECKED 8Y.- JEK DRAWN BY.• JTM SCALE. 1'=300� DA TE.• 02114107 �vf' pF J I -IN E. I{ROBATI-I No. 14.35I3 I4ND 1 �8f s�o�. . NOTE: .SEE SHEET 5 FOR LEGEND, LINE DATA, CURVE DATA AND AREA 'TABULATION I'll ":",I P I I 1-d 1 H 1 2li0,11 12 f..; 2 c::) CD CAD NIF WINCHES TER & WESTERN RAILROAD N42-18'30"E 11,530.75' N42*18'30"E-4 60.00' 1 TAX MAP # 43 A 100 RUTHERFORD FARM, LLC INSTRUMENT 050006702 & 00007918 58.9835 ACRES ZONED "B-2" & "M-1" SE. IN Ln 0 It Uj 0 t�) 36. 00' (TIE-) z INGRESS/EGRESS EASEMENT (HEREBY GRANTED) N42 . 11850-'E 1,095.67- N42 L15L16 7 L18 L 50006702 70007918 RIAL DISTRICT S --L 2 3 Ll STREET FUTURE MARKET J:� Uj Z _5 < ry w 2-5.74"1.- 2 1--) 1--� ZON111 L r-J 21.14' 36-.-70'Q1�E) R-O > Fy W F- :D LL 648,34' '18'30"E 690.52' 91— 1 S42'18'30"W 412.71' ----------- DICATION EASEMENT OPERTY OF FARM, VACATION & DE OF AN INGRESS/EGRESS THROUGH THE PR RUTHERFORD LC INSTRUMENT NO, 0 INSTRUMENT NO. 0 STONEWALL MAGISTE FREDERICK COUNTY, VIRGINIA nury --i-Fortners E N G I N E E R I N G S 0 L U T 1 0 N Consulting Engineers and Surveyors 4154 Weeks Drive Warrenton, Virginia 20187 Tel 540/349-7730 Fax 540/349-7731 Bury+Partners—VA, Inc. @CovyriEhL 2007 ,HECKED BY.- JEK DRAWN BY.- JTY KALE.- I "- 200' 9A TE.- 02114107 �LTH OP J HN E. KROBATH No. 14-35B 10.N10 S U 10 S. EET 3 OF 5 C) ��"� \/If(.':II'•Ilh %�I"'LEI I_ `.; I i �(�!`�i ;[ . IhJi.. .�- IfU i 1 I A .' _ NI N42'18'30"E 1,530.75' TAX MAP # 43 A 100 RUTHERFORD FARM, LLC INSTRUMENT 050006702 & 00007918 58,9835 ACRES ZONED "B-2" & "M-1" INGRESS/EGRESS EASEMENT (HEREBY GRANTED) N42'18'30"E 1,095.67' N -� L 15 L 16 1 —L23 © ® ® L1 L18 ®� FUTURE N MARKET STREET It w<w J j s6, 2s I, ` ��n��nbi ? U W ©® 0 LL N W Co (Vg"W� S ``.. 36.00' � 25.74.. qe�e K7Q N�j�F 6, 2s�s,� (TIE) J �. (.)IJ I f\i W) s 94, pro � 21.14' i 36:70'(TIE') VACATION & DEDICATION OF AN INGRESS/EGRESS EASEMENT THROUGH THE PROPERTY OF RUTHERFORD FARM, LLC INSTRUMENT NO. 050006702 INSTRUMENT NO. 070007918 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Bury -- Partners E N G I N E E R I N G S O L U T I O N S Consulting Engineers and Surveyors 4154 Meeks Drive Warrenton, Virginia 20107 Tel 540/349-7730 Fax 540/349-7731 Bury+Partners—VA, Inc. ©Copyright 2007 CHECKED 8 Y..• JEK DRAWN BY.• JTM SCALE: 1 "=200' DA TE.• 01129107 PLTH Or Lr FIN C. KROBATH No. 1435B Lq 51r�`� 04 ■. D S U R'4'.t ET40F5 LINE TABLE LINE LENGTH BEARING L1 148.72 S59'02'20"W L2 199.45 S56'44-'37"W L3 57.84 S832246"W L4 72.67 N51'25'24"W L5 86.00 S38'34'36"W L6 61.74 S01'55'14"W L7 82.37 N67'50'31 "W L8 60.00 S54'14'09"W L9 75.01 S12'49'51 "W L10 170.94 S51'25'24"E L11 37.20 S46'55'18"E L12 128.60 S47'41'30"E L13 2.40 N42'18'30"E L14 115.23 S47'41130"E L15 33.64 S42'18'30"W L16 67.78 S49'09'04 "W L17 147.38 S42'18'30"W 1_18 9.50 S47'41'30"E L19 8.00 N42*18'30"E L20 39.81 S8848'25"W L21 10.00 S76'09'32"E L22 75.00 N47'41'30"W L23 20.02 N47'41'30"W L24 G3.49 N40-50'56"W L25 35.51 N4-7'41'30"W L26 28.57 N59'08'37"W L27 13.11 N11'55'17"W L28 172.89 S42'18'30"W L29 15 0.56 S35'45'51 "E L30 150.56 N35'45'51 "W CURVE TABLE CURVE LENGTH RADIUS DELTA T C1 320.92 2466.00 7'27'23" C2 676.18 1321.72 29'18'43" C3 14-4.96 5629.58 1'28'31" C4 29.32 440.22 3'48'59" C5 13.4 4 99.00 7'46'33" C6 14-.66 108.00 7'46'33" C7 146.08 93.00 90'00'00" C8 11.94 100.00 6'50'34" C9 11.94 100.00 6'50'34" C10 54.98 35.00 90'00'14" C11 54.90 370.50 8 29'23" C12 86.59 330.00 15*02'03" C13 168.93 340.00 28'28'03" C14 47.12 30.00 90'00'00" C15 11.94 100.00 6'50'34" C16 12.12 101.50 6'50'34" C17 315.87 270.00 67'01'44" cl 81 199.11 330.00 34'34'15" VACATION & DEDICATION OF AN INGRESS/EGRESS EASEMENT THROUGH THE PROPERTY OF RUTHIERFORD FARM, LLC 50006702 INSTRUMENT NO. 070007918 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA nury -1 Partners E N G IN E E R ING 5 o L UT I ON 5 Consulting Engineers and Surveyors 4154 Weeks Drive Warrenton, Virginia 20107 Tel 540/349-7730 Fax 540/340-7731 11ury+Partners-VA, Inc. ©Copyright 2007 LEGEND o DB-DEED BOOK ..,. PG -PAGE NUMBER CJl ESMT-EASEMENT ® ECM- EXSTING CONCRETE MONUMENT O IPF-IRON PIPE FOUND IPS-IRON PIPE SET N/F NOW OR FORMERLY 01-1-OVERI-IEAD UTILITY LINES R/W-RIGHT OF WAY SQ. FT. -SQUARE FEET © TPED-TELEPHONE PEDESTAL 0 UP -UTILITY POLE ANGENT BEARING CHORD 160.69 S48'57'29"W 320.69 345.66 N15'56'51 "W 668.83 72.48 N00'33'13"W 144.96 14.67 S49'34'43"E 29.32 6.73 S43.48'14"E 33.43 7.34 S43'48'14"E 14.65 93.00 S02'41'30"E 131.52 5.98 S45'43'47"W 11.94 5.98 S45'43'47"W 11.94 35.00 NO2'41'37"W 4-9,50 27.50 S01'49'33"W 54.85 43.55 S06'19'26"W 86.34 86.25 S28'04'29"W 167.20 30.00 S87.18'30"W 42.4.3 5.98 N44'16'13"W 11.94 6.07 N44.'16'13"W 12.11 178.81. S02'14'59"E 298.16 102.69 S18-28'43"E 196.11 CHECKED BY.• JEK DRAWN BY- JTM SCALE. NIA DA TE, 02 14 07 ro jecl No.: 20,9,9.502 .LTH Op L o� C, AXIFIN D. KRODATH No. I435B 00 U ft �� VIRGINIA-- FREDERICK COUNTUCT. This instrument of writing was produced to me on at and with certificrtc acknowledgernent thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ ✓' ,'- , and 58.1-801 have been paid, if assessable. 4 l�a , Clerk COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 e 14, 2007 �— Pete Rotelli, Sr., Site Development Manager Lowe's Home Improvement Warehouse 6407 Forest Grove Dr. Fredericksburg, VA 22407 Rod Brana Rutherford Farm, LLC 8230 Leesburg Pike, Suite 500 Vienna, VA 22182 RE: Parking Requirements for Lowe's at Rutherford Crossing Property Identification Number (PIN): 43-A-100 Dear Messrs. Rotelli and Brana: In response to your request for a parking determination, please be advised that this office has determined that the proposed Lowe's will require a minimum of one parking space per 275 square feet of floor area (building and garden area combined), or 622 parking spaces total, to satisfy the parking requirements under § 165-27 of the Frederick County Zoning Ordinance. As long as this minimum parking space number is maintained on the Lowe's site, Lowe's will be able to subdivide its lot. If the number of spaces is reduced, a shared parking agreement in conformance with § 165-27B will be required. You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $250.00 filing fee and $50.00 refundable sign fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. If you have any questions contact me at 540-665-5651. Sincerely, - _ ark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 670,0070210 Tax Parcels 43-A-99 43-A-111 PREPARED OUTSIDE THE COMMONWEALTH OF VIRGINIA BY: SMITH MOORE LLP 300 North Third Street, Suite 301 Wilmington, North Carolina 28401 Attn: Jay S. Neisen EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is entered into this q day of May, 2007, by and between RUTHERFORD FARM, LLC; a Virginia limited liability company COWPERWOOD FEMA, LLC,*a Virginia limited liability company ("Cowperwood"); and JOHN SCULLY°; JOHN SCHROTH'6d ROBERT SOLENBERGEI� as tenants in common(' TIC'S. RF, Cowperwood, and TIC may be referred to herein individually as, a "Party," and collectively as, the "_Parties," and as used herein shall include said Parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. 0 w *to be indexed as both grantor & WITNESSETH: grantee WI-MREAS, RF owns that certain tract of real property, legally described on the attached Exhibit A (the "RF Property") and incorporated herein by reference; WHEREAS, Cowperwood owns that certain tract of real property, legally described on the attached Exhibit B (the "Cowperwood Property") and incorporated herein by reference; WHEREAS, TIC owns that certain tract of real property, legally described on the attached Exhibit C (the "TIC Property") and incorporated herein by reference (the "TIC Property", "RF Property" and "Cowperwood Proertv," are herein collectively referred to as the "Total Property"); W11E, RE AS, the Parties desire to construct and/or facilitate the construction of roadways, a sanitary sewer pump station, drainage areas and improvements, and a fire loop, together with certain related appurtenances and improvements, on the Total Property and for the benefit of the Total Property and the Parties; and WHEREAS, the Parties desire to grant to one another certain easements over, under, upon and through portions of their respective parcels within the Total Property, in accordance with the terms and conditions contained herein, to accommodate the purposes of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ROADWAY EASEMENT. A. Roadway Easement: TIC does hereby give, grant and convey unto RF, its invitees, employees, agents, contractors, and licensees, a non-exclusive easement (the "Roadway Easement") over, under, upon and through those portions of the TIC Property (the "Roadway Easement Area"), as more particularly shown and described on Exhibit D attached hereto and incorporated herein by this reference (the "Easement Plan"), for purposes of constructing, installing, maintaining, repairing and replacing those certain roadways, curb cuts, and related appurtenances (the "Roadways") over, under, upon and through the Roadway Easement Area The parties expressly acknowledge that the Roadway Easement Area herein described maybe and become a Dedicated Public Easement, at which time, automatically, and without requirement of a further written agreement or recorded instrument by and among the parties, the Roadway Easement herein granted shall become null and void and ofno further force or effect whatsoever. Notwithstanding the foregoing, the Parties expressly acknowledge and agree that the Market Street road improvements may and shall be constructed over and upon the Roadway Easement Area B Cost to Construct Roadways: Each of RF and TIC shall be responsible for a share of the costs and expenses of the construction of the Roadways, in accordance with the allocation of costs set forth in Exhibit E (the "Cost Allocation") attached hereto and incorporated herein by this reference C. Maintenance of Roadways: RF shall maintain the Roadways located on the TIC Property until such time as the Roadways can be publicly dedicated At such time as the Roadways shall be and become a Dedicated Public Easement (as herein subsequently defined) the Roadway Easement herein established and the corresponding maintenance obligations shall be rendered null and void. 2. SEWER EASEMENT. A SeNver Easement: The Parties expressly acknowledge that Cowper -wood has constructed, for the benefit of the Total Property and the Parties, including their invitees, employees, agents, contractors, licensees, and tenants, a "Pump Station", inclusive of sanitary sewer lines, collection and distribution facilities and infrastructure, utilities connections, an access road and related appurtenances (collectively, the "Sewer Improvements") within the Sewer Easement Area (as herein defined). TIC does hereby give, grant and convey unto the other Parties, for the benefit of such other Parties, their invitees, employees, agents, contractors, licensees, and tenants, and the Total Property, Z CD .F- U1 a non-exclusive easement (the "Sewer Easement") over, under, and upon those portions of the Total Property more particularly shown and described on the attached Easement Plan as the "Sewer Easement Area" for purposes of operating, maintaining, repairing, replacing, improving, and/or extending die Sewer Improvements within the Sewer Easement Area sufficient to sustain and service maximum density development of the Total Property under the current approved zoning of the Total Property B. Maintenance Obligations: Cowperwood shall maintain the Sewer Improvements in good condition and repair until such time as the Sewer Improvements can be publicly dedicated. At such time as the Sewer Improvements shall be and become a Dedicated Public Easement (as herein subsequently defined) die Sewer Easement herein established and the corresponding maintenance obligations shall be rendered null and void Notwithstanding the foregoing, until such time as the Sewer Improvements shall be and become a part of a Dedicated Public Easement each of the Parties shall bear a proportionate share of the maintenance costs and expenses therefor in accordance witli the Cost Allocation. 3. FIRE LOOP EASEMENT. A. Fire Loon Easement: Each of the Parties does hereby give, grant and convey unto the other Parties, for the benefit of each of the other Parties, their employees, agents, contractors, licensees, and tenants, and the Total Properly, a non-exclusive easement (the "Fire Loop Easement") over, under, and upon those portions of the Total Property shown on the attached Easement Plan (the "Fire Loop Easement Area"), for purposes of installing, operating, maintaining, repairing and replacing a fire loop and related appurtenances (the "Fire Loop Improvements") over, under, and upon the Fire Loop Easement Area. The Fire Loop Easement shall include the right of RF and Cowperwood, as applicable, to enter upon any parcel within the Fire Loop Easement Area on the Total Property to construct, install, maintain, repair, remove, extend, improve, replace, build and/or operate the Fire Loop Improvements over, under, and upon the Fire Loop Easement Area- B. Maintenance of Fire Loon: RF shall maintain in good condition and repair the portion of the Fire Loop Improvements located on the RF Property and TIC Property and Cowperwood shall maintain in good condition and repair the portion of die Fire Loop Improvements located on the RF Cowperwood Property, until such time as the Fire Loop Improvements can be publicly dedicated At such time as the Fire Loop Improvements shall be and become a Dedicated Public Easement (as herein subsequently defined) the Fire Loop Easement herein established and the corresponding maintenance obligations shall be rendered null and void. Notwithstanding the foregoing, until such time as the Fire Loop Improvements shall be and become a part of a Dedicated Public Easement, RF shall bear the cost and expense to maintain the Fire Loop Improvements on the RF Property and TIC Property and Cowperwood shall bear the cost and expense to maintain the Fire Loop Improvements on the Cowperwood Property. 4. DRAINAGE EASEMENT. A. Drainaee Easement: TIC does hereby give, grant and convey unto RF, for the benefit of RF, its agents, contractors, invitees, tenants, employees and licensees, and the RF Property, 3 a non-exclusive perpetual drainage easement (the "Drainage Easement") over, under, and upon those portions of the TIC Property shown on die attached Easement Plan (the "Drainage Easement Area") for the purposes of diverting storm water and drainage run-off and discharge, storm water collection, retention, drainage ditches and culverts, detention and distribution lines, spillways and facilities (the "Drainage Improvements") from the RF Property over, under, and upon the Drainage Easement Area. The Drainage Easement shall include die right of RF to construct, install, maintain, repair, extend, improve, build and/or operate certain drainage ditches and culverts, any storm water lines, and related equipment and appurtenances over, under, and upon the Drainage Easement Area in accordance with and as detailed in the Site Plan approved by Frederick County for Rutherford Crossing Shopping Center The Parties hereto expressly acknowledge and agree that the Drainage Easement herein granted to RF is in addition to and does not supersede the drainage easements granted by TIC to Cowperwood in that certain deed of conveyance dated October 31, 2006 and recorded November 3, 2006 as Instrument No. 060020794, in the Clerk's Office of the Circuit Court of Frederick County, Virginia B. Maintenance Obligations: RF shall maintain the Drainage Improvements in good condition and repair. The cost to maintain the Drainage Improvements shall be shared on a proportionate basis in accordance with the Cost Allocation TIC, its successors and assigns, employees, agents, contractors and tenants, shall not (and shall not permit any other party to) modify, restrict, damage or take or permit any action that would affect the flow and function of the Drainage Improvements 5 TEMPORARY CONSTRUCTION EASEMENT: TIC does hereby give, grant and convey unto RF, its invitees, employees, agents, contractors, and licensees, a non-exclusive easement (die "TemporM Construction Easement") over and upon the portions of the TIC Property (the "Construction Easement Area"), as more particularly shown and described on the Easement Plan, for purposes of constructing the various easements herein granted and conveyed. The Parties expressly acknowledge that the Temporary Construction Easement herein granted and conveyed shall automatically, and without requirement of a further written agreement or recorded instrument by and among the Parties, become null and void and of no further force or effect whatsoever immediately upon full completion of the construction of the easements Notwithstanding the foregoing, in the event TIC shall require a written release and vacation of easement with regard to the Temporary Construction Easement, RF shall promptly prepare, execute, acknowledge and record the same at its sole cost and expense 6. NOTICE: All notices, consents, and other communications must be written (except for emergencies, where oral notice followed promptly by written notice is enough) and sent by certified mail (return receipt requested) or hand -delivered. Mailed communications must be addressed as follows (as that address may be changed by the addressee from time to time): COWPERWOOD: Cowper -wood FEMA, LLC c/o The Cowperwood Company 375 Park Avenue RF: TIC: Suite 3701 New York, NY 10152 Rutherford Farm, LLC c/o NV Retail 8230 Leesburg Pike Suite 500 Vienna, VA 22182 Attn: Real Estate Department and Legal Department Messrs Scully, Schroth and Solenberger 112 North Cameron Street Winchester, Virginia 22601 7. TERMINATION OF MAINTENANCE OBLIGATIONS: The Parties shall use commercially reasonable efforts to dedicate each of the respective easement areas and corresponding obligations hereunder to the applicable governmental authority, to flee extent that such easements can be publicly dedicated. The foregoing provisions of this Agreement with respect to maintenance, repair and replacement (including contribution to the costs of such maintenance, repair and replacements by the various Parties) of the improvements contemplated to be constructed in the easement areas shall be rendered null and void with respect to any applicable easement area (each, a "Dedicated Public Easement") and improvements located therein, to the extent that such Dedicated Public Easement is (i) dedicated to the public and accepted by the applicable governmental authority, or (ii) otherwise accepted by a govemmental authority for public maintenance. 8 NO RIGHTS IN PUBLIC: Neither this instrument nor the recordation hereof ar-e intended to, and neither shall be construed to, create any rights, easements, or privileges in the public generally by dedication or otherwise in and to the easements granted herein or any portions thereof 9. MODIFICATION: This Agreement may not be modified except by written agreement executed by the Parties or their successors in interest as owners of the Total Property or any portion thereof. 10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 11, EASEMENTS RUN WITH THE LAND: All of the easements, restrictions, provisions, agreements, rights, powers, covenants, conditions, and obligations contained in this Agreement shall be binding upon the Parties, their successors and assigns, and all other persons acquiring any interest in the Total Property, or any portion thereof, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the owners' respective properties and their 5 CD J a respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. I2. COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. [Signature Page to Follow.] (12 p lD IN WITNESS WHEREOF, the Parties have caused this RECIPROCAL EASEMENT AGREEMENT to be executed all of the day and year first above written. COWPERWOOD: COWPERWOOD FEMA, LLC, a Virginia limited liability company By: —C ' Print Naive: Title: STATE OF MC -lam D_P-K-- COUNTY OF CW DiLK- I, WA 1J - j 6 P Apiji4,AIJ a Notary Public of the County and State aforesaid, certify that Epif,lau.o-j.6o%I , as 5i2,VjkzG. of Cowperwood FEMA, LLC, a Virginia limited liability co V�j?any, personally appeared before me this day and acknowledged that (s)he is the 52 - 4!sE Ric- 6ioeit i of the company, and that by authority duly given and as an act of the company, executed the foregoing instrument. U j1r Witness my hand and official seal this Iay of ALM_, 2007. [NOTARIAL SEAL] Notary Public U '! My Commission Expires: _ c NANETTP 13RANNIGAN / Notary Public, State of New York C, No. 31-487506B I 0 1..\ Qunlilled In New York County Will Expires October 27, 2010 1 CID CD RF: RUTIIERr,ORD I+ARIVI, LLC, a Virginia limited liability company BY: NV R-ETAIL, INC., a Virginia corporation, Member/Manager By: Print Title STATE OF 7, - COUNTY OF`� I, `�(��1, Q. V ( q_e—r a Notary Public of the County and State aforesaid, certify that Jack W. Waghorn, president of NV Retail, Inc., a Virginia corporation, as managing member of Rutherford Farm, LLC, a Virginia limited liability company, personally appeared before me this day and acknowledged that (s)he is the president of NV Retail, Inc., managing member of the company, and that by authority duly given and as an act of the company, executed the foregoing instrument. Witness my hand and official seal this day of M7�—�, 2007. [NOT*$jX , SEAL,] � n�� • � �- -� Notary Public My Commission Expires: 9 1 TIC: JOHN SCULLY, JOITN SCHROTH and ROBERT SOLENBERGER, as tenants in common , STATE OF C '/C� OF �Ji"� I, iQ. a Notary Public of t}re County and State aforesaid, certify that C, arcs id nt of /��u� /f} personally appealed before me this day and rrovided evidence of his identity and acknowledged that he voluntarily executed the foregoing instrument in his capacity as tenant in common with the intent of binding himself and the remaining co -tenants to the contents and obligations set forth in the foregoing instrument. Witness my hand and official seal thistA day of �l , 2007 �NQTARIAL SEAL] p :U OF x; - P. "G rgRy PV %%%N 11111110 N ry Public My Commission Expires: 51/ / y C� co VQ STATE OF V64� (� ✓ QDUNTY OF I allotary Public of the County and State aforesaid, certify that d > a resident of / �,,z„L , � ,% , personally appeared bef e me this day and provided evidence of his identity and acknowledged that he voluntarily executed the foregoing instrument in his capacity as tenant in common with the intent of binding himself and the remaining co -tenants to the contents and obligations set forth in the foregoing instrument. "' 1 j"''�,, Witness my hand and official seal this9� day of /l% , 2007. SrhQ'�� ON bV • 0� ftAIIAL SEAL] NoW Public My Commission Expires:Q / ,3/ 111 STATE OF I allotary Public of the County and State aforesaid, certify that � ? . , a re •dent of , personally appeared befde me this day wid provided evidence of his identity and acknowledged that lie voluntarily executed the foregoing instrument in his capacity as tenant in common with the intent of binding himself and the remaining co -tenants to the contents and obligations set forth in the foregoing instrument Witness my hand and official seal this 9% day of %))/? , 2007. Not Public My Commission Expires:D/ �Z—/./ U EX111BIT A RF PROPERTY BEGINNING FOR THE SAME AT AN IRON PIPE FOUND IN THE EASTERLY RIGI-IT- OF-WAY LINE OF INTERSTATE ROUTE 81 AT A CORNER COMMON TO THE WINCHESTER AND WESTERN RAILROAD RIGHT-OF-WAY, DEED BOOK 633 AT PAGE 712, THENCE LEAVING SAID INTERSTATE 81 RIGHT-OF-WAY AND RUNNING WITH WINCHESTER AND WESTERN RAILROAD 1) NORTH 42°18'30" EAST, 1,530 75 FEET TO A POINT, SAID POINT BEING A COMMON CORNER TO C. ROBERT SOLENBERGER, ET AL, INSTRUMENT # XXXXXXXXX, TT-IENCE LEAVING SAID WINCHESTER AND WESTERN RAILROAD AND RUNNING WITH SOLENBERGER THE FOLLOWING FIVE (5) COURSES AND DISTANCES 2) SOUTH 47°41'30" EAST, 901.49 FEET TO A POINT, THENCE 3) SOUTH 42°18'30" WEST, 412.71 FEET TO A POINT, THENCE CONTINUING WITH SOLENBERGER AND WITH MESSICK 4) SOUTH 51°32'45" EAST, 757.42 FEET TO A POINT, PASSING AN IRON PIPE FOUND AT 386.73 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF MARTINSBURG PIKE, US ROUTE 11, THENCE LEAVING MESSICK AND RUNNING WITH SAID MARTINSBURG PIKE THE FOLLOWING TWELVE (12) COURSES AND DISTANCES 5) 320 92 FEET ALONG THE ARC OF A CURVE DEFLECTING TO THE RIGHT, HAVING A RADIUS OF 2,466 00 FEET, AND A LONG CHORD BEARING AND DISTANCE OF SOUTH 48057'29" WEST, 320.69 FEET TO A POINT OF TANGENCY, THENCE 6) SOUTH 59°02'20" WEST, 148.72 FEET TO A POINT, THENCE 7) SOUTH 56°44'37" WEST, 199.45 FEET TO A POINT, THENCE 8) SOUTH 83°22'46" WEST, 57.84 FEET TO A POINT, THENCE 9) NORTH 51°25'24" WEST, 72.67 FEET TO A POINT, THENCE 10) SOUTH 38-34-36" WEST, 86 00 FEET TO A POINT, THENCE 11) SOUTH 01°55'14" WEST, 61.74 FEET TO A POINT, THENCE 12) SOUTH 61-25-33" WEST, 403 94 FEET TO A POINT, THENCE 13) NORTH 67°50'31" WEST, 82 37 FEET TO A POINT, THENCE 14) SOUTH 54-14-09" WEST, 60.00 FEET TO A POINT, THENCE 15) SOUTH 12°49'51" WEST, 75.01 FEET TO A POINT, THENCE 16) SOUTH 61°25'33" WEST, 345 22 FEET TO A POINT, IN THE EASTERLY RIGHT -.OF - WAY LINE OF INTERSTATE ROUTE 81, THENCE LEAVING SAID MARTINSBURG PIKE AND RUNNING WITH SAID INTERSTATE ROUTE 81 THE FOLLOWING FOUR (4) COURSES AND DISTANCES 17) NORTH 47°55'36" WEST, 270.92 FEET TO A POINT, THENCE 18) NORTH 30-36-12" WEST, 236 59 FEET TO A POINT, AT A POINT OF CURVARURE THENCE 19) 676.18 FEET ALONG THE ARC OF A CURVE DEFLECTING TO THE RIGHT,��. HAVING A RADIUS OF 1,321 72 FEET, AND A LONG CHORD BEARING AND i CD .I: - co .7" DISTANCE OF NORTH 15°56'51" WEST, 668.83 FEET AT A POINT OF COMPOUND CURVATURE, THENCE 20) 144.96 FEET ALONG THE ARC OF A CURVE DEFLECTING TO THE RIGHT, HAVING A RADIUS OF 5,629.58 FEET, AND A LONG CHORD BEARING AND DISTANCE OF NORTH 00-33'13" WEST, 144.96 FEET TO AN IRON PIPE FOUND AT THE POINT OF BEGINNING, CONTAINING 2,569,320 SQUARE FEET, OR 58,9835 ACRES OF LAND, MORE OR LESS. 1 Z. Co .r- Co crt EXHIBIT B COWPERWOOD PROPERTY Metes and Bounds Desciiptions "Final Plat for Boundary Line Adjustment between the lands of C. Robert Solenberger, et als" dated June 13, 2006 and revised August 31, 2006 of record in the office of the Clerk of the Frederick county Circuit Court as Instrument No. 060018810, being a portion of the land conveyed to C. Robert Solenberger, John B. Schroth and John S. Scully, IV by deed dated August 4, 2004 of record in said Clerk's office as Instrument No 040017164. The said land fronts the northwestern boundary of Martinsburg Pike (U S. Route 11) about 0 65 mile northeast of the intersection with Interstate 81 at Exit 317 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: Proposed New Tax Parcel 43-A-111A Beginning at a %" iron rebar found on curve in the northwestern boundary of Martinsburg Pike (U S. Route 11), corner to Thomas E Riddick, Jr., et ux; thence with said road boundary for the following two courses: 94.27" along the arc of a curve to the left, having a radius of 11,499.20' and a chord bearing S 38002150" W for a distance of 94.27', to a concrete highway monument found at the point of tangency; thence S 37048144" W — 25.56' to a %Z" iron rebar & cap set, anew corner to the Residue of Tax Parcel 43- A-111 described below; thence along a new division of lines through the land of C. Robert Solenberger, et als and with said Residue of Tax Parcel 43-A-111 for the following five courses: S 85027155" W — 36.38' to a %" iron rebar & cap set; thence N 59026150" W — 77.64' to a %z" iron rebar & cap set; thence N 64002155" W — 141.11' to a'/z" iron rebar & cap set; thence N 55045155" W — 100.30' to a %z" iron rebar & cap set; thence N 39029150" E — 177.49' to a''/z" iron rebar found, comer to Thomas E. Riddick, Jr., et ex; thence with Riddick, et ux S 54013126" E — 337.48' to the beginning Containing....................................................................... 1.2499 Acres. Proposed Residue of Tax Parcel 43-A-1II Beginning at a %" iron rebar found in the northwestern boundary of Martinsburg Pike (U.S Route 11), corner to Scott E Merryman, et ux; thence with Merryman, et ux for the following two courses: 13 CD X— CO M N 55045'50" W — 339.60' to a 2" iron pipe found; thence S 38018133" W — 145.00' to a nail found in the base of a tree, in a line of Patricia S. Nethers; thence with Nethers for the following two courses: N 55045'55" W — 41.52' to a %" iron rebar found; thence S 38001'07" W—135.00' to a %2" iron rebar found, comer to other land of C. Robert Solenberger, et als (Tax Parcel 43-A-99); thence with said other land of Soleberger, et als for the following five courses: N 54019146" W — 881.28' to a %" iron rebar found; thence N 42018130" E — 302.27' to a %" iron rebar found; thence N 71006149" E — 194.41' to a %z" iron rebar found at the point of curvature of a curve to the left; thence 383.80' along the arc of said curve, having a radius of 500.00' and a chord bearing N 49007'26" E for a distance of 374.44', to a %Z" iron rebar found at the point of tangency; thence N 27008102" E — 69.59' to a %" iron rebar found in a line of Dehaven Nursery, Inc; thence with Dehaven Nursery, Inc and then Charles S. Dehaven, et al, Trustees S 54018145" E 738.67' to a %z" iron rebar found, comer to Thomas E. Riddick, Jr., et ux; thence with Riddick, et ux S 38018133" W — 373.93' to a %s" iron rebar found, comer to a New Tax Parcel 43-A-111A described above; thence along new division lines through the land of C. Robert Solenberger, et als and with said New Tax Parcel 43-A-11 I A for the following five courses: S 39029150" W — 177.49' to a %z" iron rebar & cap set; thence S 55045155" E — 100.30' to a %s" iron rebar & cap set; thence S 64002155" E — 144.11' to a %z" iron rebar & cap set; thence S 59026150" E — 77.64' to a %" iron rebar & cap set; thence N 85027155" E- 36.38' to a''/2" iron rebar & cap set in die northwestern boundary of Martinsburg Pike (U.S Route 11); thence with said road boundary S 37048144" W — 108.31' to the beginning. Containing...................................................................... 17.0954 Acres. Surveyed..................................................................... September 7, 2006 LAI EXHIBIT C TIC PROPERTY All of that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 50.0176 acres (of which 22.9483 acres is on the east side of the B&O Railroad tracks and 27.0693 acres is on the west side of the railroad tracks); and being all of the remainder property originally conveyed to C. Robert Solenberger, et al, by Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument 04-0017164. (Tax Map No 43-A-99) I I XkIIB IT D EASEMENT PLAN 111 �I �I jl R Ti I 1 MLTUN MY DRNC• �— I R:K1E11DIOtO I ! I 0 n m ��� �� / IIt lul rr ....�\ I�I �a It r�A rl r�� III m m m Zy I I r I� t Ill o 0 0 o p \ I,• It ill I I I Y RLrniERFORD CROSSING u Bury+Partners OWNERS AGREEMENT MIIIIM• I,I�II,MI 3 � S 7 n IL - I d DTONEDrR 41AOUNT . V GINLA CT FRmENCK COUNTY, VIDOINIA art b mil 17(tIIDTT D - PADFJAENT PW( J FI EXkIIBIT L COST ALLOCATION WlUlINGTON 5227.15 Exhibit E Cost Allocation 4f25rz0O7 Scope of Work Added Coale above Original DoOfgn Cost Rcgpon5ll6111 Contradmi Oesgn OcslgnrC nst Permit Ouvobper Contingency Trial S S.S NVR Coxperv,00d Pricing Fee Coord - 1O% Feea Fee Q 5% QD_ 5% Costs FEMA Rard 6 Related Work Road Canstrucl:on for FEMA Connector Road 5 151209 5 7.6G0 5 15,077 5 1.000 $ 8,762 S 0,782 Stormvmk/Rpfng for FEMA Connecor Road S 40,397 S 2.320 S 4.872 S 1,000 $ 2,729 S 2,729 Connection from FEMA Rd to Storm Channel 5 29.645 5 1.482 5 3,113 S 1.000 $ 1,762 S IJG2 Total Far Connector Rd 5 292.022 S 117.022 S 175,000 $0 00 Stub 0" water line to Lot A 5 7.000 5 1.250 5 1,000 5 1.000 S 613 5 613 $ 11,275 5 11.276 5O0O $0.00 Stub Sanitary&%%tr to Lot A $ 7.600 5 1.250 S 1,000 $ 1.000 5 633 S 530 $ 11.825 5 11.625 50.00 5000 Stub Water Line to Lot 0 $ 7.000 S 1,250 $ 1,000 S 1,000 S 613 S 513 S 11.275 5 11,275 $0.0O $0 00 Road to Pump Station- $ 15.000 S 1.250 5 1.625 $ 1.000 $ 944 S 944 5 20,763 S 6.677 5 12,053 S 2033 --••!' Subtolala: I S 263,761 5 16,363 5 201,480 5 7,000 5 1G,700 $ 15,780 5 347.160 S 160,075 $ 107,053 $ 2,033 Percenbgea of promb slum to bo conromed, eunontly split as Conpemood= 9.795G. NVR - 53,05%d SSS - 3216% VIt,.GINIA: FREDERICK' COUNTY.SCT, This instrument oFwriting was produced to me on and `•r.ith certificate ac noulcdecnu:nt thereto annexed `1as a; miUL I to rL:(:Urd Tax imposed by Sec. 58.1-802 of and .58.1-501 have been paid, it assessable. clerk I� 0,W FREDEIRICK COUNTY (Z A NOYTATNnNI A FJ UIIPV N.O. 1Wx 1877 I 11'iuc•hcsler, \'A 2261W-8377 ROBERT 1'. ;\1OWERY, U.f'.A., Chairman 1'«-t• 1':. \1�cindt•I, RF'. ,1011N STEVENS. lice -chairman linginc'er-!Director RlCHARD A. Rl CKNIA,N', P.1:., .Sec-Ireasurec J. STANLEY CROCK 1h; I'l 11h. - (540) 868-1061 DARWIN S. RRADEN September 29, 2009 Fax - (540) 868-1429 NV Retail, Inc. Mr. Jack Waghorn, president 8230 Leesburg pike, Suite 500 Vienna, VA 22182 REFERENCE: SUBJECT Dear Mr. Waghorn: Rutherford Crossing Bill of Sale Enclosed for your files is a copy of the recorded Bill of Sale for the referenced project. You 1vill be responsible for repair to these facilities For one year following the date of our acceptance. Thank you for working on this project \vith us. Sincerely your, Tashema L. Long/Irn- John G. Whitacre Senior Engineer Enclosure cf: Frederick County "Zoning Administrator NVATE'R AT YOUR ,SL:RVICI: LA U COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. Randy Kepler Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 December 4, 2007 RE: Site Plan Comments — Route 1 I Public Improvements Frederick County, Virginia Dear Mr. Kepler: Upon review of the site plan received August 27, 2007. we offer no comments at this time. Therefore, .we recommend approval of the subject site plan. This recommendation includes Rutherford Farm, Route I 1 Improvements and North Stephenson. Inc. Sincerely. Joe C. Wilder Deputy Director JCW/mlr cc: Planning and Development fi le ROUTE] 1 IMPROVEMENTS Jjj� Q �J 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK September 17, 2007 Mr. Randy Kepler Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE: Site Plan Comments - Rutherford's Farm - Milton Ray Drive Extension Frederick County, Virginia Dear Mr. Kepler: Upon review of the site plan received August 1, 2007, we offer no comments at this time. Therefore, we recommend approval of the subject site plan. Sincerely, C oe C. Wilder Deputy Director JCW/mlr cc: Planning and Development file wjld� mu'- C:\Docuntents and SettingANIR\Vly Docuntents\Revinv FormatANlichackN'o comments\Itu'rliEltl-ORDSI,ARiIiIIL'rONDR.%%,pd 107 North Kent Street • Winchester, Virginia 22601-5000 • L` June 22, 2007 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 COUNTM o�'J# CIS Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Re: Approval of Site Plan 913-07; Rutherford Crossing Property Identification Numbers (PINS): 43-A-99, 43-A-100 Dear Marty: The Frederick County Department of Planning and Development administratively approved the above -referenced site plan on June 22, 2007. The site plan is approved for the construction of a new commercial center off Martinsburg Pike (Route 11) in the Stonewall Magisterial District. This commercial center contains the following: • Lowe's (I71,069sf) • Target (I27,009sf) • Retail Areas — Seven Sites (178,281 sf total) • Fast Food - Three Sites (I0,828sf total) • Bank Site — One Site (3,927so • Restaurant — Three Site (17,758sf total) Some of the required site improvements include the following: • Construction of parking lots with a total of 2684 spaces, including curb and gutter, a sidewalk network around the development, landscaping, striping, and handicap access. • Construction of three entrances on Martinsburg Pike, one full and two right-in/right-out; as stated on the site plan the northern most entrance cannot be opened until the median opening in Martinsburg Pike is closed. • A ten foot asphalt trail along Martinsburg Pike. • Loading spaces for each site as shown on the plan. • Construction of dumpster pad sites with a six (6) foot opaque wall for screening as shown on the plan. • Landscaping and buffering as shown on the site plan. • Construction of a historic area as proffered and shown on the plan. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Marty Smith RE: Approval for Rutherfor�ssing Page 2 June 22, 2007 A II requirements of the Frederick County Zoning Ordinance have been met in the approved site plan, including review agency comments from all relevant review agencies. I am providing you with three (3) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on -site inspection. Do not hesitate to contact me if YOU have any questions or collcellls. Sincerely; Candice E. Perkins Planner II CEP/bad cc: Charles Del-laven Jr., Stonewall District Supervisor John Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Patrick Barker, EDC Commissioner of Revenue Rutherford Farm, LLC, 112 N. Cameron St., Winchester, VA 22601 Jack Waghorn, NV Retail, 8230 Leesburg Pike, Ste. 500, Vienna, VA 22182 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 June 22, 2007 Mr. Marty Smitll Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Re: Approval of Site Plan 913-07; Rutherford Crossing Property Identification Numbers (PINS): 43-A-99, 43-A-100 Dear Marty: The Frederick County Department of Planning and Development administratively approved the above -referenced site plan on June 22, 2007. The site plan is approved for the construction of a new commercial center off Martinsburg Pike (Route 11) in the Stonewall Magisterial District. This commercial center contains the following: • Lowe's (I71,069so • Target (127,009sf) • Retail Areas — Seven Sites (178,281 sf total) • Fast Food - Three Sites (10,828sf total) • Bank Site — One Site (3,927sf) • Restaurant — Three Site (17,758sf total) Some of the required site improvements include the following: • Construction of parking lots with a total of 2684 spaces, including curb and gutter, a sidewalk network around the development, landscaping, striping, and handicap access. • Construction of three entrances on Martinsburg Pike, one full and two right-in/right-out; as stated on the site plan the northern most entrance cannot be opened until the median opening in Martinsburg Pike is closed. • A ten foot asphalt trail along Martinsburg Pike. • Loading spaces for each site as shown on the plan. • Construction of dumpster pad sites with a six (6) foot opaque wall for screening as shown on the plan. • Landscaping and buffering as shown on the site plan. • Construction of a historic area as proffered and shown on the plan. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Marty Smith RE: Approval for Rutherforossing Page 2 June 22, 2007 All requirements of the Frederick County Zoning Ordinance have been mct in the approved site plan, including review agency comments from all relevant review agencies. I am providing you with three (3) copies of the approved site plan. Please forward these copies to the appropriate representative(s). Furthermore, advise the owner(s) that a copy should be kept for future reference, and an approved copy must be kept on the construction site throughout the development process. Once site development is complete, the owner(s) should contact this office to schedule an on -site inspection. Do not hesitate to contact me ifyou have any questions or concerns. Sincerely_, Candice E. Perkins Planner II CEP/bad cc: Charles DeHaven Jr., Stonewall District Supervisor John Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Patrick Barker, EDC Commissioner of Revenue Rutherford Farm, LLC, 112 N. Cameron St., Winchester, VA 22601 Jack Wagliorn, NV Retail, 8230 Leesburg Pike, Ste. 500, Vienna, VA 22182 Request For Site Plan Comments P,AAY 2 5 2007 Frederick County Inspections Department Mail to: Frederick County Inspections Dept. Attn: Building Official 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: 107 N. Kent Street, Suite 200 North Building, 2"d Floor Winchester, VA (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: 13u►RY + PAIZTNEF-S AA1N�-,Cy SMI-rH Address: 341 o Co,V co,edE pmrry,1 y loco C r(Atj y, (J A 2 0 (S 1 Phone Number: C 76 3 1 9 6 g- 9690 Name of development and/or description of the request: (ZVTHE2FoRD �o�S1ti�- Location of property: TAX 84t'6F- L q3 -A - loo Inspections Department's Comments: Inspections Dept. use only Date received Incomplete Date reviewed Signature and Date _ Signature and Date (revisi Date revision received Incomplete n FREDEmCK GOU TY T' FPFI R vIIi' PMUC WORK & INSPECTIONS Date approved O� 16 Building shall comply with The Virginia Uniform Statewide Building Code 2003, The ICC International Building 2003 Codes, as well as, the ICC ANSI Handicap Al 17.1-2003. Buildings shall be classified as to its use per IBC Chapter 3. Individual building shall be review at the time of application. Buildings shall comply with T503 height and area, Table 602/Table 601 component ratings. Question on property line shown on site plan dividing potential Bldg H. All required egress shall be handicap accessible. Exits shall meet IBC Chapter 10. Egress appear to met accessibility in regards to slope and contours Site plan shows high and moderate karst areas. Soil investigation and engineering design required. IBC Chapter 17 Special Inspections apply. Engineer design required on foundations. Handicap Parking shall be provided as per Chapter 11 IBC and Signage as per USBC 1106.8. Handicap Parking shall be located close to main entrance of Bldg. Question on Building 1 C HC parking location. Location of grease traps for restaurants shall be placed on site plan if location of the traps are on the exterior of the building. Question on dividing potential Building II. 5/24/07 — Property line removed through building II.. Marty, Please address the folio* LJ 1. Lighting sheets — the lighting sheets show 0.1 on the adjoining residential property, revise the lighting to show 0.0. 2. Right in/Right out — the note provided on sheet 8 (note needs to be on sheet 5 as well) regarding the entrance needs to be revised. The note needs to state that the owner will coordinate with VDOT and Frederick County for the closing of the Route 11 median crossing. This median crossing must be closed prior to this entrance being opened. This note needs to be reviewed and approved by VDOT. 3. Historical Information Signs — the note on sheets 8 and 79 needs to be revised to state "before the issuance of the first occupancy permit" not before the close of first building. Please let me know if you have any questions. e 19&44,,a, AICP Planner II Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins(@co.frederick.va.us www.co.frederick.va.us rBury+Partners, Inc. I� Bury+Partners 3810 Concorde Parkway Suite #1000 ENGINEERING SOLUTIONS Chantilly, Virginia20151 703-968-9090 MAY. 3 0 2007 703-968-4866 Fax Letter � of Transmittal To: Candice Perkins Project No.: 20225-02 Company: Frederick County Department of Planning Dote: 05-29-2007 Address: 107 North Kent Street, Suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan ❑ First ❑ Overnight/Express ❑ Client Pick -Up ❑ Courier Pickup & 10 Other Class/Regular Mail Shipping Delivery Quantity DesctiptiotigfItem (s) 1 copies Rutherford Crossing site Plan — Revised plan sheets 1, 2, 5-12, 67, 76-84 —Notes— CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. • • � B +Partners �Y ENGINE E RING SOLUTIONS Letter of Transmittal Bury+Partners, Inc. 3810 Concorde Parkway Suite k1000 Chantilly, Virginia 20151 703-968-9090 703-9684866 Fax To: Candice Perkins Project No.: 20225-02 Canyxp': Frederick County Department of Planning Date: 04-17-2007 Address: 107 North Kent Street, Suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan ❑ First ❑ Overnight/Express ❑ Client Pick -Up ❑ Courier Pickup & ❑ Other Class/Regular Mail Shipping Delivery �( AAU DE;✓I V02 Quantity Description of Item(s) 2 copies Rutherford Crossing site Plan - Revised plan sheets 1 - 12 , 76 -84 1 copy Comment response letters (via entail) - Notes - CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. o 110 0 E N G I N E E R I N G S O L U T I O N S April 19, 2007 , APR 2 0 �QO� County of Frederick Department of Planning and Development Attn: Candice E. Perkins 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: First Review Comments for SP#13-07; Rutherford Crossing (Sheets 1-12), Property Identification Numbers (PINS): 43-A-99, 43-A-100 RESPONSE TO COMMENTS COMMENTS DATED 4-6-2007 Dear Ms. Perkins: We have reviewed the Frederick County Department of Planning and Development's comments, as presented in your comment letter dated April 6, 2007. Below please find our responses to those comments. The original comments have been reproduced here for ease of review. Comment 1) Subdivision. The Boundary Line Adjustment needs to be completed/recorded before the site plan can be approved. Please note that currently the plats presented to our department do not match the site plan (existing ROW needs to be vacated and new ROW created). Response: The Boundary Line Adjustment plan will be recorded shortly. Additional plats are being prepared to vacate existing ROW and create the new ROW so that the recorded plats will match the site plat. BURY+PARTNERS-VIRGINIA, INC. 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia 20151 TEL (703) 968-9090 FAX (703) 968-4866 Austin Dallas • Houston • San Antonio • Temple, Texas Fairfax • Warrenton • Williamsburg, Virginia www.burypartners.com • Bury Parki-ers t,lGIN''I E RIt'!(-, S01U i 10t-! S Sheets I -12 Comments Response - 04/ 19/2007 Page 2 Comment 2) Special Limited Power of Attorney Form. Please have the property owner sign the attached Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. Response: This form has been forwarded to the property owner- and will be returned to your office as soon as possible. Comment 3) Shared Parking Agreement. Since this site will be subdivided and the total parking space numbers for the buildings are not achieved on the individual lot areas, a shared parking agreement will be required. This agreement must be in place before the site plan will be approved. Response: A shared parking agreement will be provided and in place if necessary. Comment 4) Zoning District Buffer and Martinsburg Pike Landscaping. It appears that the proposed relocation of the overhead power lines will create a conflict with the required landscaping for this project. The woodland buffer along the adjacent RA property cannot be disturbed and the Martinsburg Pike landscaping is required by proffer. Response: The proposed relocation of the overhead power lines has been modified to avoid the conflict with the woodland buffer. The Martinsburg Pike landscaping is compatible with the overhead power lines. We will provide all acceptance letter from the power company. Sheet 2 Comment S) Disturbed Woodlands. The site notes state that 100% of the woodlands will disturbed. The approved MDP shows a 50 foot woodland buffer being preserved against the adjacent RA residential property. Response: The calculation has been modified to account for the woodlands not disturbed in the buffer. Comment 6) Handicap Spaces. For parking lot with more than 501 spaces, 2% of the total is required to be handicap spaces; revise the required spaces to 53, not 36. Response: The handicap space calculations have been revised. Sheets 1 -12 Comments BurPartners - 04/19/2007 [r,Gir;ErR 1 N G soiurioNs Page 3 Sheet 3 Comment 7) Trail Detail. The asphalt trail detail needs to be revised as indicated. Response: The trail detail has been revised to match what is shown on the plan view and accurately reflect what is to be constructed. Sheet 4 No comments. Sheet 5 Comment 8) Property Lines. The new property lines are difficult to follow and need to be more visible Response: The new property lines have been changed to be more visible. Comment 9) Directional Arrows. On sheets 5-12, directional arrows need to be provided throughout the development. Response: Directional arrows have been added per your direction. Comment 10) Existing Overhead Power Line. Clarify if the existing easement will remain or if it will be vacated and relocated. Response: Notes are more clearly placed on the plan indicating which existing overhead easement will remain and which is to be vacated and relocated. Comment 11) Interstate Overlay Sign. The pylon/interstate overlay sign needs to be removed from the VDOT reservation. The proffer states that the property will be reserved without financial compensation and dedicated at he request of VDOT. Utilizing the property for a sign is not reserving the property. Response: The sign has been removed from the area of VDOT reservation. • • Bury 7NAners E;. G I N E C ",Ir1C, , OtU T 10N S Sheets I -12 Comments Response - 04/ 19/2007 Page 4 Sheet 6 Comment 12) Loading Spaces. Each building needs a 12' x 45' striped loading space; loading spaces cannot be located within driving lanes. The loading space provided for building 6A does not appear useable. Response: Stfipillg has been added to each loading space. The loading space next to 6C is located in an area that is appfopfiate for building operation and to one side of a one-way drive. A driving lane of at least 18' i•em ins ai•oluld the loading space. The loading space for 6A has been revised. Comment 13) Curb and Gutter. Curb and gutter (minimum CG-6) is required along all of the parking spaces (see buildings 6B and 6C). Indicate what the islands consist of for building 6B. Response: Curb and gutter- have been added. The islands at building 6B are concrete. Comment 14) Dumpsters. Dumpsters located within the parking areas must be separated form the parking spaces by a six inch concrete curb (§ 165-27E(9)). Response: Club has been added. Comment 15) Trail. Shade the ten food asphalt trail along Martinsburg Pike. Response: Shading has been added. Sheet 7 Comment 16) Crosswalks and Stop Signs. The area in front of building 4 should be completely striped for pedestrian crossing. Response: Requested striping has been added. Comment 17) Loading Spaces. Stripe all loading spaces. Response: Stfipillg has been added to all loading spaces. :Bury -;- Partners E N G I H F E R I P G S G t U I I O H 13 Sheets I -12 Comments Response - 04/19/2007 Page 5 Comment 18) Interstate Overlay Sign. The pylon/interstate overlay sign needs to be removed from the VDOT reservation. The proffer states that the property will be reserved without financial compensation and dedicated at the request of VDOT. Utilizing the property for a sign is not reserving the property. Response: See comment 11. Sheet 8 Comment 19) Building 1D. For the bank structure, show the required 90 feet of stacking distance for each lane. Show the bypass lane and provide a Do Not Enter sign/striping as indicated. Response: Additional lane striping has been added, indicating all lanes exceed the 90 feet of stacking requirement. Bypass lane and Do Not Enter labels have been added. Comment 20) Loading Spaces. The bank does not require a loading space. Response: Loading space removed. Comment 21) Dumpsters. Label the dumpsters and provide concrete aprons. Response: Aprons and labels have been provided. Comment 22) Zoning District Buffer. The buffer labeled "landscaped" buffer needs to be labeled woodland buffer. This area is also labeled proposed overhead power easement; under the current MPD, this area cannot be disturbed. Response: The buffer label has been revised. The proposed overhead power line location has been modified, as previously noted. Comment 23) Historical Area. Proffer D 1 from the rezoning stated that an interpretive area would be provided which would include a public access easement, picnic tables and landscaping; the site plan only shows a sign. Response: Interpretive area has been added. 1] • BuryPaAnere hi G l k F F k l G 1 O l U F 1 O H S Sheets 1 -12 Comments Response - 04/19/2007 Pagc 6 Sheet 9 Continent 24) Loading Spaces. All loading spaces need to be striped. The loading space for building 313 does not appear to be 12' x 45'. The loading space for building lE needs to have access to the building (sidewalk, etc). Response: Striping has been added. Sidewalk has been added for building 1 E loading. Loading space is 12' x 45'. Comment 25) Cart Returns. Indicate ii-cart returns will be needed for building IA and 113. Response: No end user for this building has been determined, therefore it is not known at this tune if cart returns will be needed. Comment 26) Dumpsters. The dumpster area provided for the bank doesn't make any sense; if the proposed bank does not require a dumpster, it can be removed. A concrete curb needs to be provided around the dumpster for building 3B. The dumpster for building lE needs to be located closer to the building. Response: The dumpster for the batik will have to be wheeled from its enclosure for trash pick up. A concrete curb has been added around dumpster for building 3B. The dumpster for IE has been relocated closer to the building. Comment 27) Woodland Buffer. The woodland buffer per the MPD has not been shown on sheet 9. Response: Woodland buffer labels added. Comment 28) Buffer. Label the 15 foot buffer along Milton Ray Drive. Response: Label added. Sheet 10 Comment 29) Sidewalks, Islands and Curb and Gutter. The parking spaces adjacent to building 2 and behind building 3A need to have a sidewalk, curb and gutter and raised landscaped islands at both ends. Response: Sidewalk, curb and gutter and raised islands have been added. n U NGI�,J F F PIr,:C, S 0 L U f 1 0 H S Comment 30) Trees. Remove the trees from the parking lot for building 4. Response: Trees removed from this plan sheet. Sheets 1 -12 Comments Response - 04/19/2007 Page 7 Comment 31) Dumpsters. Provide notes on sheet 10 of the site plan if buildings 2,3A and 4 will have internal dumpsters. Response: Notes ad(led. Sheet 11 Comment 32) Buffer. Show/label the 15 foot buffer along Milton Ray Drive. Response: Label a(Med. Sheet 12 Comment 33) Sidewalk. Shade the sidewalk adjacent to building 2. Response: Shading a(Med. Comment 34) BRL's. The site plans shows BRL of 50 feet off of Milton Ray Drive; this road requires a 35 foot BRL. Response: BRL adjusted per requirements. �J Bury Par Lners E t. G I !mil E E R I U G S O L U i I () N S Sheets 1 -12 Comments Response - 04/19/2007 Page 8 I hope you find our responses satisfactory to the comments and concerns of staff. Should you have any questions or require additional information, please do not hesitate to call me at 703- 968-9090. Thank you again for your assistance with this project. Sincerely, Bury+Partners — Virginia, Inc. Martin F. Smith, Jr., .E. Project Manager cc: Jack Waghorn, NVRetail Rod Brana, NVRetail file MFS/his • • Bury --Partners E INIGINEERING SOLUTIONS April 19, 2007 APR County of Frederick Department of Planning and Development Attn: Candice E. Perkins 107 North Kent Street, Suite 202 Winchester, VA 22601-5000 RE: First Review Comments for SP#13-07; Rutherford Crossing (Landscaping Sheets 76-84) Property Identification Numbers (PINS): 43-A-99, 43-A-100 RESPONSE TO COMMENTS COMMENTS DATED 4-6-2007 Dear Ms. Perkins: We have reviewed the Frederick County Department of Planning and Development's comments, as presented in your comment letter dated April 6, 2007. Below please find our responses to those comments. The original comments have been reproduced here for ease of review. Comment 1) Landscaping Sheets. Revise the landscaping sheets to reflect the layout of sheets 5-12. Response: The landscaping sheets have been revised to reflect the final layout. Comment 2) Notes. There is a note on many of the landscaping sheets that states the planting schedule and notes are on sheet 88; the notes are now on sheets 83 and 84. Response: All sheet references have been updated. BURY+PARTNERS-VIRGINIA, INC. 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia 20151 TEt )703) 968-9090 FAY (703) 968 4866 Austin • Dallas • Houston • San Antonio • Temple Texas Fairfax • Warrenton • Williamsburg, Virginia www.buryportners.com 9 rs Sheets 76-84 Comments ��°�L Bury raneResponse - 4/19/2007 E NGINE E RING SOLu 1 IONS Page Comment 3) Tree Save Area (sheet 76). Per the approved MDP, the entire area indicated is a tree save area. Response: The twee save area has been revised to be as indicated on the appa-oved MDP. Comment 4) Overhead Lines (sheet 76). Provide clarification that the power lines will not impact the landscaping along Martinsburg Pike. Response: A note has been provided on the plan. Comment 5) Tree Locations (sheet 76). Additional deciduous trees should be provided in the hedge rows as indicated and evergreen trees should be provided behind building 513 to screen the loading areas. Response: A a•ow of evergreen trees has been placed behind building 5B. Additional deciduous trees were added where they would not impact easements and in accordance with the buffer detail on the approved MDP. Comment 6) ROW Reservation (sheet 78). Show the ROW reservation line on the plan. Please note that required landscaping per the Zoning Ordinance will not be permitted in this area; only plantings in addition which are approved by VDOT. Response: The ROW reservation line was on the plan but is now more clearly defined. Landscaping had been removed fi•ona the reservation area. Comment 7) Martinsburg Pike Landscaping (sheet 79). There is a gap in the landscaping where the proposed overhead lines are shown; this buffer needs to be continuous. Response: Additional landscaping has been added. There is a stoma sewer easement in the gap Comment 8) Woodland Buffer (sheets 79 and 80). The landscaping shown is not in conformance with the approved MDP. Response: Landscaping has been a•evised to be in confoi•naance with the approved MDP. • B ry - _ Par In er E r1lGIN E r- Ri!-,(-I soLUT Iorl s • Sheets 76-84 Comments Response - 4/19/2007 Page 3 Comment 9) Martinsburg Pike Buffer Contents (sheets 76, 77 and 79). The Martinsburg Pike buffer is shown in blocks of evergreen and deciduous trees; this buffer needs to consist of a mix of trees, shrubs and flowers. Response: The buffet- has been /'evlsed to be In conjbi-mance with the approved MDP. Comment 10) Zoning District Buffer (sheet 80). Ensure the total number of trees in the buffer is adequate. Response: The number of trees is adequate. Comment 11) Zoning District Buffer (sheets 82 and 83). Both sides of the buffer on Milton Ray Drive need to be installed with this development since it appears that the drainage improvements on the M 1 portion of the site will preclude this area from being developed in the future. Response: The buffet- plantings along Milton Ray Drive on the MI pot-tion is now shown on this plan. At such time in the future that the drainage improvements on the MI portion are revised and the lot is developed, the owner of the MI portion will be responsible for the installation of the buffer on that side of Milton Ray Drive. Comment 12) Shrub and Tree Size (sheet 83). Shrubs used for parking lot screening need to be a minimum of 36 inches at time of planting. All deciduous trees that count toward the parking lot landscaping and buffer trees must be 2 inch caliper. Response: Shrub and tree size notations have been revised. Comment 13) Landscaping Tabulations (sheet 84). Provide breakdowns of the buffers which include the total distance and number of trees. Provide the total number of trees required for perimeter landscaping. Ensure the impervious surface calculation include all impervious surface (parking, driving lanes, etc). Response: A more detailed tabulation has been provided. • • bury-'- Partners ENGINE FRi;,�G SO1Ui IONS Sheets 76-84 Comments Response - 4/ 19/2007 Page 4 Comment 14) Landscaping Notes. On sheet 84, notes need to be provided that state (1) all planting shall conform with § 165-36B of the Frederick County Zoning Ordinance (Plant selection, planting procedure, and maintenance), and (2) any plant substitutions must be approved in writing by the Frederick county Planning Department. Response: Notes added as requested. I hope you find our responses satisfy the comments and concerns of staff. Should you have any questions or require additional information, please do not hesitate to call me at 703-968- 9090. Thank you again for your assistance with this project. Sincerely, Bury+Partners — Virginia, Inc. ( do�� Martin F. Smith, Jr., P.E. Project Manager cc: Jack Waghorn, NVRetail Rod Brana, NVRetail file MFS/his • Page 1 of 1 Candice Perkins From: Candice Perkins [cperkins@co.frederick.va.us] Sent: Friday, June 01, 2007 12:05 PM To: 'Smith, Marty' Cc: Eric Lawrence (elawrenc@co.frederick.va.us); 'Ingram, Lloyd' Subject: Remaining Issues Marty, Please address the following: 1. Lighting sheets — the lighting sheets show 0.1 on the adjoining residential property, revise the lighting to show 0.0. 2. Right in/Right out — the note provided on sheet 8 (note needs to be on sheet 5 as well) regarding the entrance needs to be revised. The note needs to state that the owner will coordinate with VDOT and Frederick County for the closing of the Route 11 median crossing. This median crossing must be closed prior to this entrance being opened. This note needs to be reviewed and approved by VDOT. 3. Historical Information Signs — the note on sheets 8 and 79 needs to be revised to state "before the issuance of the first occupancy permit" not before the close of first building. 4. Historical Area — provide a safety fence around the historical area on the grading plans to ensure that the area does not get demolished. Please let me know if you have any questions. G'e /9e", A I C P Planner II Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins@co.frederick.va. us www.co.frederick.va.us 6/5/2007 0 n �J P P y Bur +Partners Consulting Engineers and Surveyors Letter of Transmittal Bury+Partners, Inc. 3810 Concorde Parkway Suite #1000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax To: Candice Perkins Project No.: 20225-02 Company: Frederick County Department of Planning Dote: 06-04-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan CAI Delivery ❑ Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity DescHption o/'11ent(s) 5 copies Rutherford Crossing Site Plan revised plan sets 1 copy Site Plan Review Comments -Aotes— JUN 5 2007 Ms Perkins, If you have a questions pleitse do not hesitate to conLict me. — Kevin Pullen CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to iihich it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. FREDETWK COUNTY SANITATION AI&IORITY SITE PLAN REVIEW COMMEIThS PO Box 1877, Winchester, VA 22604 315 Tasker Road, Stephens City, VA 22655 540.868.1061 Voice 540.868.1429 Fax Project /7[/T/� �J�O/ r� �/ �.� 5%w Applicant 2-URy —76- A p�h6g REVIEW STATUS review number correct & resubmit approved / DRAWINGS approved as noted number of items to be corrected send me by 42 '�)6141 D Z 1. print of sheets .2 4 r1A l>/�� � TAO l% yWx I/ 31� 2. two CDs: each disc shall contain the following plan sheets .diil�,f' 5 �` 0Y/— a. one CD (containing all of the above noted shects) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b. one CD (containing all of the above noted shects) shall be in DWG format. Each sheet shall be in its own file and each file shall be titled with the project name and appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without a border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c. each of the two CDs shall be labeled with its format and project name, and placed in a CD sleeve EASEMENTS rIN I need a copy of the recorded onsite rated and / or sew r� easement(s). dY / N I need a copy of the recorded offsite / rate and / or s` we� easemcnt(s). I need a copy of the recorded deed(s) of easement before service will be authorized. OTHER Y NO This project also requires DEQ - Valley Region approval. 4411 Early Road, P.O. Box 3000, Harrisonburg V11 22801 (540-574-7814) Y /(N� This project also requires VDIJ - Lexington Office approval. 131 I Balker St., Le-viaglon, VA 24450 (540-463-7136) Date: John G. Whitacre - Senior Engineer • • Request For Site Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Dept. 107 N. Kent Street, Suite 200 Attn: Building Official North Building, 2nd Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5650 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: BURY '+- PAK-7NEF-5 C-/b AA�, �:-Vi 5MI-T H Address: 361 o R9r,CWAY ,S vi7-6 I oae CHAA)77LL y� t/A 20 fS I Phone Number: C 7o 3 1 9 6 S- g o 9 0 Name of development and/or description of the request: (Zv-rHERPORD �o�SINC�- Location of property: TAX Mt} 6E L q3 -A - loo Inspections Department's Comments: Inspections Dept. use only Date received Incomplete Date reviewed Signature and Date _ Signature and Date (revisi Date revision received Incomplete Mte rya 1...d 1 n 1 I t. �tl(1 MORO COM q RIBUC WORK & INSPECTIONS Date approved p� 16 a Request For Site Plan Comments 6� ktion Frederick County Department of Parks and Rec Mail to: Hand deliver to: Frederick County Dept. Of Parks and Recreation 107 N. Kent Street Attn: Director of Parks and Recreation Second Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5678 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: BURY + PARTNERS C/O KEVIN PULLEN Address: 3810 CONCORD PARKWAY, SUITE 1000 CHANTI LLY, VA 20151 Phone Number: (703) 968-9090 Name of development and/or description of the request: RUTHERFORD CROSSING Location of property: TAX PARCEL 43-A-100 Parks and Recreation Dept's. Comments: Parks and Recreation Dept. use only Date received Incomplete Date reviewed Signature and Date Signature and Date (rev Date revision received Incomplete . Date reviewed_ Date approved 19 • RECOVED FEB u aut Request for Street Name Comments Site Plan Review Frederick County Department of GIS (Geographic Information Systems) Attn: Marcus Lemasters, GIS Manager 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County street name system. Proposed street names will also be routed through the Communication Center Supervisior for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: BURY + PARTNERS C/O KEVIN PULLEN Address: 3810 CONCORD PARKWAY, SUITE 1000 CHANTILLY. VA 20151 Phone Number:_(703) 968-9090 Name of development and/or description of the request: RUTHERFORD CROSSING Location of property: TAX PARCEL 43-A-100 Date received �b7 Date revision received Date approved Incomplete Incomplete Date reviewed �D Date rpvic� d Signature and Date Ul. Signature and Date (revisi 12 r-I LA May 18, 2007 Mr. Martin F. Smith, Jr., P.E. Bury Partners 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia RE: Site Plan Comments - Rutherford Crossing Frederick County Virginia Dear Mr. Smith: COUNTY of FREDERICK Department of Public Works S40/66S-S643 FAX: S40/678-0682 Upon review of the revised site plan dated May 2, 2007, all of our previous comments have been addressed. Therefore, we recommend approval of the subject site plan. A Land Disturbance Permit can not be issued for the subject project until such time as a signed agreement is reached with the adjacent property owner. The signed agreement is for the off -site channel improvements as designed by Greenway Engineering. Sincerely, (] rxr-' C wjc&2 Jo'e-"C. Wilder NL Deputy Director of Public Works cc: Candace Perkins, Planning & Development Charles Dehaven, Stonewall District file 107 North Kent Street • Winchester, Virginia 22601-SOOO ,¢zCR O Frederick County Fire and RC-SCLle ,A- Department (Jefice of the Fire 1flarshal Plan Review and Corrinients VIRGINIA Control number Date received Date reviewed Date Revised S P07 - 00 2 5 R 4/17/2007 4/23/2007 4/17/2007 Project Name Applicant Rutherford Crossing Bury & Partners Address City State Zip Applicant Phone 3810 Concord Parkway Suite 1000 Chantilly VA 20151 703-968-9090 Type Application Tax ID Number Fire District Rescue District Site Plan 43-A-100 13 13 Current Zoning Election District B Recommendations Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System Yes Yes No Other recommendation Emergency Vehicle Access Adequate Siamese Location Adequate Emergency Vehicle Access Comments Access Comments Additional Comments i�ZecJLiirei-n0, Hydrant Location Adequate Roadway/Aisleway Width Adequate Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Jeffrey S. Neal Title Request For Site Plan Comments Frederick County -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street, Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 107 North Kent Street, Suite 201 Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the site plan with this sheet. Applicant's Name: BURY + PARTNERS C/O KEVIN PULLEN Address: 3810 CONCORD PARKWAY SUITE 1000 CHANTILLY VA 20151 Phone Number: (703) 968-9090 Name of development and/or description of the request: RUTHERFORD CROSSING Location of property: TAX PARCEL 43-A-100 Health Dept's Comments: ection if the proposed )ublic water and sewer is approved by Frederick County. Applications for restaurant permits must be submitted for all propose restaurants. ITealt I Dept: use oril� Date reccivcd Date re�_ision received Date approved Incomplete Incomplete - - - - Date reviewed Date rcvicweci Signature and Date . 7 Signature and Date (revision) LY e Y' 0 E N G I N E E R I N G S O L U T I O N S Rutherford Crossing Second Comments Response 2 Comment 3) Zoning District Buffers, Parking Lot Landscaping and Martinsburg Pike Landscaping. Provide the County with correspondence from Allegheny Power approving the proposed landscaping within any of their easements. Response: A copy of Allegheny Power's approval letter is enclosed for your• records. Comment 4) Northern Entrance. The northern most entrance is proffered to be a right -in, right -out only and the site plan submitted shows a median break and left turn lanes on Martinsburg Pike to make a left into the site. The median on Martinsburg Pike needs to be closed to ensure this entrance functions properly. Response: The median on Martinsburg Pike has been previously approved separately as part of the Route 11 Public Improvement Plans by Greenway Engineering. We will provide on site sigiiage hidicathig that the driveway is a right in, right out only entrance, as proffered. We have also reduced the driveway width to encourage its operation as such. Please note that this entrance is past the signalized main entrance which is the primary entrance and has two left turn lanes. Very feiv, if any, vehicles would go past that intersection if they wanted to make a left into the development. This drive is also an entrance to a portion of the site that is envisioned as a second phase of development. While the drive will be constructed with other improvements noiv, it is expected that build out on this portion ivould occur after other buildings have been constructed and occupied, allowing time to possibly work with VDOT in regards to this median. Comment S) Dumpsters. Ensure that there is a six inch curb between all parking spaces and dumpsters and that the dumpster structure is at least three feet from the curb. Response: Sir inch curbs have been provided and labeled mi the plans. Comment G) Historical Area. On sheet 8, the historical area only shows the proposed path. Provide the location of the tables and ensure that the path is handicap accessible. The public easement needs to be recorded before the site plan can be approved. Also, as we have discussed, the text for the signs needs to be approved by the County's Historic Resources so that the signs are in place before the buildings open. Response: The locations of the tables have been provided and the path has been designed to be landicap accessible. A public easement has been added to the subdivision plat. Notes have been added to the plans nidicaliig the requiremew for sigii text approval. • ,jury-i-Par hers E N G I N E E R I N G S O L U T I O N S • Rutherford Crossing Second Comments Response 3 Comment 7) Bank Site. On sheet 8, revise the bank site as indicated. Response: Bank site has been revised. Comment 8) Building 2 Parking. On sheet 9, landscaped islands need to be provided at the end of the parking area as indicated. Response: Landscaping has been provided. / Comment 9) Building 3A Parking. Revise the new parking areas behind this building as indicated on sheet 10. The spaces closest to building 4 are not accessible to the public and cannot count towards required parking. Response: The spaces closest to building 4 have been removed. Comment 10) Sidewalk. Shade the sidewalk adjacent to building 2 (concrete) as indicated on sheet 12. Response: Sidewalk is now shaded accordingly Comment 11) Woodland Buffer. Provide a note on sheet 79 that states if the woodland buffer is not sufficient upon inspection that additional plantings may be required by the Planning Department to supplement the existing vegetation. Ensure that a six foot berm/fence is provided within the buffer area that is shown as not leaving existing vegetation. Response: Note added to the plans and landscaping details. A berm and landscaping are provided within buffer area shown as not having existing vegetation. Comment 12) Buffer Area 1. Sheet 84 states that buffer area one only has woodlands; however, the site plan shows numerous new trees. Response: Buffer Area 1 description has been revised to reflect County's desire to supplement existing woodland buffer, as requested in Comment 11. Comment 13) Zoning District Buffers. The buffer area along the public street on sheet 80 does not match the MDP; revise the area indicated on sheet 80. Response: The buffer area will be revised in accordance to the MDP. • _" wy-{-Part ers E N G I N E E R I N G S O L U T I O N S • Rutherford Crossing Second Comments Response 4 Comment 14) Plant Schedule and Breakdowns (Sheet 83-84). The plant schedules on sheet 83 and 84 do not match. Please note that all perimeter and interior landscaping trees must be deciduous; sheet 84 states that there are 946 perimeter and interior trees but sheet 83 states that there are only 7S3 deciduous trees. The zoning district buffers also require deciduous trees which don't appear to be reflected in the plant schedule. Response: Through discussions with the Planning Delmriment, the calculations and schedules have been revised so that the schedules now match, and the zoniizg district buffer is correctly planted. I hope you find our responses satisfactory to the comments and concerns of' staff. Should you have any questions or require additional information, please do not hesitate to call me at 703-968-9090. Thank you again for your assistance with this project. Sincerely, Buiy+Partners - Virginia, Inc. Martin F. Smith Jr. I.E. Project Manager Cc: Jack Waghorn, NVRetail Rod Brana, NVRetail Tom Pickering, P.E. Allegheny Power 3463 Valley Pike Winchester, VA 22602 May 21, 2007 Mr. Bruno Colavecchia PMNet Inc. 299 Herndon Pkwy., Suite 208 Herndon, VA 20170-4467 Re: Rutherford Crossing tree planting near Allegheny Power's facilities Dear Mr. Colavecchia: Allegheny Power- appreciates your willingness to work with us on a suitable landscape plan at Rutherford Crossing. Allegheny Power has reviewed the tree and shrub planting plan around our electric facilities as shown on plans provided by Bury & Partners Engineering Solutions site plan sheet #76 of the Overall Landscaping Plan dated February 2007, project It 20225-02. Allegheny Power's concerns over plant growth and access to our facilities have been addressed in this site plan and we approve of the plans as shown. If you have any questions, please feel free to call me at 540-722-5820 or email at: jsisler@alle lg Ienyl)ower.com. Sincerely, Jon M Sisler Account Manager 0 P Bury+Partners ENGINEERING SOLUTIONS Letter of Transmittal Bury+Partners, Inc. 3810 Concorde Parkway Suite //1000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax To: Candice Perkins Project No.: 20225-02 Compan),. Frederick County Department of Planning Date: 05-21-2007 Address: 107 North Kent Street, Suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan ❑ First ❑ Overniglit/Express ❑ Client Pick -Up ❑ Couricr Pickup & 10 Other Class/Regular Mail Shipping Delivery Quantity Description of Item(s) 2 copies Rutherford Crossing site Plan — Revised plan sheets 1 - 12 , 76 -84 1 copy Comment response letters (via email) 1 Special Limited Power of Attorney 1 Letter from Allegheny Power for tree planting near facilities Notes -- 1A AY 2 1 200-1 CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to tivhich it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. 0 U P Bury+Partners ENGINEERING SOLUTIONS Letter of Transmittal Bury+Partners, Inc. 3810 Concorde Parkway Suite //1000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax To: Candice Perkins Project No.: 20225-02 Company: Frederick County Department of Planning Date: 05-21-2007 Address: 107 North Kent Street, Suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan ❑ First ❑ Overnight/Express ❑ Client Pick -Up ❑ Courier Pickup & 0 Other Chn/Regular Mail Shipping Delivery Quantity Descriplion of ftent(s) 2 copies Rutherford Crossing site Plan — Revised plan sheets 1 - 12 , 76 -84 1 copy Comment response letters (via email) 1 Special Limited Power of Attorney 1 Letter from Allegheny Power for tree planting near facilities — Notes -- CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notified that any dissemination or copying of this item or any of its atiachntent(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. 0 0 r' �r Special Limited Power of Attorney ' County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) RUTHERFORD FARM, LLC (Phone) 703-796-1800 (Address)11450 BARON CAMERON AVE. , RESTON, VA 20190 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. # 0500006702 on Page , and is described as Parcel: 43 Lot: 100 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) BURY+PARTNERS (Phone)703-968-9090 (Address) 3810 CONCORDE PARKWAY, SUITE 1000, CHANTILLY, VA 20151 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: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan NL,`T K/_ My attorney -in -fact shalwiave the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire pe year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) haft hereto set my (our) hand and seal this 1 day of /yt �'� , 2007, Signatures) State of V,frginia, City/County of I F , To -wit: I)Lw(S-SA �) s�,- If4a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing innstnunent and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of I't'I T1 t , 200-1. a,c: � �IL My Commission Expires: 3 - 3/— c4C� Notary Public 0 Lowe's of North Winchester, Virginia Parking Synopsis Rev. 5/1 /2007 Parking Req'd Main Building (117K Deep) S.F. Rate Parking Sales Floor 118,560 1/200 592.8 Bathrooms 730 N/A 0 Office Area 3,207 1/250 12.83 Receiving/Storage 13,544 N/A 0 Utility Rooms 1,362 N/A 0 Vestibules Main Entrance 1,132 1/200 5.66 Main Exit 395 1/200 1.98 Lumber 480 1/200 2.4 Main Building Total 615.67 Garden Center Shade Structures 8,422 1/400 21.06 Covered Area 8,628 1/400 21.57 Open Area 14,609 1/400 36.52 Garden Center Total 31,659 79.15 Total Required Parking 694.82 Rack Area In Building 39,271 1/200 <196.36> 466.81 Provided Parking 622 X— x v x a� —X— —X— —X— =X— —X- — V I —X— —x —x— —X— $ "�'•= �s Rack Exhibit •! III•. BOf-ILER PRwECT Tents X 2 4�4 �I it : jt D..LEY ra ., �� a , �r:NciNcr_a)Nc,P.C. 5. PP•.rF'.'n lf.n LOWE'SOFNORTHWINCHESTER,VA ��5 S •... ...*u� s,'e%S:r`iE.�.,rr VARTE. 11/INTERSTATE81 LOWE Sa III' O ' /INCHESTER, VA (FREDERICK CO) 0 LOWE'S HOME CENTERS, INC, PARKING OCCUPANCY STUDY WASHINGTON, D.C. and BALTIMORE, MARYLAND Prepared for: Lowe's Home Center, Inc. Prepared by: Wells & Associates, LLC April 10, 2007 LOWE'S HOME CENTER, INC. PARKING OCCUPANCY COUNTS ARLINGTON COUNTY, VIRGINIA TABLE OF CONTENTS Page Introduction .................... I Study Locations .................. 4 Washington D.C. Market Area ........... 4 Baltimore, Maryland Market Area........ 16 Parking Occupancy Counts ............. 28 Overview ............................ 28 Washington D.C. Market Area ........... 28 Laurel, Maryland ........... 28 Bowie, Maryland ........... 28 New Carrollton, Maryland ........... 28 Gainesville, Virginia ........... 32 Chantilly, Virginia ........... 32 Baltimore, Maryland Market Area........ 32 Baltimore, Maryland ........... 32 Glen Burnie, Maryland ........... 32 Abingdon, Maryland ........... 37 Timonium, Maryland ........... 37 Westminster, Maryland ........... 37 Parking Analysis .................... 41 Conclusions .................... 43 LOWE'S HOME CENTER, INC. PARKING OCCUPANCY COUNTS ARLINGTON COUNTY, VIRGINIA LIST OF FIGURES Figure Title Page I Laurel, Maryland Site Location ................. 5 2 Laurel, Maryland Site Plan ..................... 6 3 Bowie, Maryland Site Location ................. 7 4 Bowie, Maryland Site Plan ..................... 8 5 New Carrollton, Maryland Site Location......... 9 6 New Carrollton, Maryland Site Plan ............ 10 7 Gainesville, Virginia Site Location ............... 12 8 Gainesville, Virginia Site Plan ............ . 13 9 Chantilly, Virginia Site Location ................. 14 10 Chantilly, Virginia Site Plan ............... 15 I I Baltimore, Maryland Site Location .............. 17 12 Baltimore, Maryland Site Plan ............. 18 13 Glen Burnie, Maryland Site Location ............ 19 14 Glen Burnie, Maryland Site Plan .... ........... 20 15 Abingdon, Maryland Site Location .............. 21 16 Abingdon, Maryland Site Plan ............. 22 17 Timonium, Maryland Site Location .............. 24 18 Timonium, Maryland Site Plan .. ........... 25 • 0 LOWE'S HOME CENTER, INC. PARKING OCCUPANCY COUNTS ARLINGTON COUNTY, VIRGINIA LIST OF TABLES Table Title Page I Laurel, Maryland Parking Occupancy Count ....... 29 2 Bowie, Maryland Parking Occupancy Count ...... 30 3 New Carrollton, Maryland Parking Occupancy Count ... 31 4 Gainesville, Virginia Parking Occupancy Count ... 33 5 Chantilly, Virginia Parking Occupancy Count ...... 34 6 Baltimore, Maryland Parking Occupancy Count ... 35 7 Glen Burnie, Maryland Parking Occupancy Count.. 36 8 Abingdon, Maryland Parking Occupancy Count. ... 38 9 Timonium, Maryland Parking Occupancy Count .. 39 10 Westminster, Maryland Parking Occupancy Count.. . . 40 11 Parking Demand Summary ........................ 42 LOWE'S HOME CENTER, INC. PARKING OCCUPANCY COUNTS ARLINGTON COUNTY, VIRGINIA LIST OF APPENDICIES A. Washington, D.C. Market Area Parking Occupancy Counts B. Baltimore, Maryland Market Area Parking Occupancy Counts • INTRODUCTION This report presents the results of a parking occupancy study conducted for Lowe's Home Center's, Inc. in the Washington D.C. and Baltimore, Maryland market areas. The study was conducted to document the typical parking demand for a Lowe's Home Center store. Ten (10) existing Lowe's Home Center Stores were studied throughout the Washington, D.C. and Baltimore, Maryland market areas. The ten locations are as follows: Washington, D.C. Market Area I. Laurel, Maryland 2. Bowie, Maryland 3. New Carrollton, Maryland 4, Gainesville, Virginia S. Chantilly, Virginia Baltimore, Maryland Market Area I. Baltimore, Maryland 2. Glen Burnie, Maryland 3. Abingdon, Maryland 4. Timonium, Maryland S. Westminster, Maryland 0 Tasks undertaken in this study included the following: I . Review the site plans for each store, previous parking studies, and other background data. 2. Field review of the parking facilities and layout at each store. 4. Counts of occupied parking at each store in half-hour intervals on a typical Friday, Saturday, and Sunday. Calculation of peak parking rates for each store and market area. 6. Calculation of the 95"' percentile parking rate for each market area. Sources of data for this analysis included parking counts conducted by Wells & Associates, site plans provided by Bohler Engineering, and Lowe's Home Centers, Inc. • E The conclusions of this parking study are as follows. 1. In the Washington, D.C. Market Area, the average peak parking demand for the studied Lowe's Home Center stores is 1.88 spaces per 1,000 square feet while the 951h percentile peak parking demand is 2.35 spaces per 1,000 square feet for the total area (Building plus Garden Center). 2. In the Washington, D.C. Market Area, for the building area only, the average peak parking demand for the studied Lowe's Home Center stores is 2.28 spaces per 1,000 square feet while the 95`h percentile peak parking demand is 2.86 spaces per 1,000 square feet. 3. In the Baltimore, Maryland Market Area, the average peak parking demand for the studied Lowe's Home Center stores is 1.84 spaces per 1,000 square feet while the 95`h percentile peak parking demand is 2.28 spaces per 1,000 square feet for the total area (Building plus Garden Center). 4. In the Baltimore, Maryland Market Area, for the building area only, the average peak parking demand for the studied Lowe's Home Center stores is 2.31 spaces per 1,000 square feet while the 95"' percentile peak parking demand is 2.95 spaces per 1,000 square feet. K • • STUDY LOCATIONS Washington, D.C. Market Area The study locations in the Washington, D.C. Market area were selected from existing stores located in Prince George's County, Maryland, and Fairfax and Prince William County, Virginia. The following is a brief description of each of the sites: Laurel, Maryland. The Laurel, Maryland store is located west of U.S. Route I and south and east of Mulberry Street in Prince George's County, Maryland, as shown on Figure 1. The store consists of an approximately 121,333 square foot building with an additional 24,020 square foot garden center, as shown on Figure 2. Based on the site plan and verified with field observations, there are a total of 736 parking spaces including 16 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Bowie, Maryland. The Bowie, Maryland store is located north of Collington Road (MD 197), east of Mitchellville Road, and south of Heritage Boulevard in Prince George's County, Maryland, as shown on Figure 3. The store consists of an approximately 109,957 square foot building with an additional 23,073 square foot garden center, as shown on Figure 4. Based on the site plan and verified with field observations, there are a total of 641 parking spaces including 15 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. New Carrollton, Maryland. The New Carrollton, Maryland store is located north of Riverdale Road, east of Mahoney Drive, and south of Legation Road in Prince George's County, Maryland, as shown on Figure 5. The store consists of an approximately 120,228 square foot building with an additional 28,071 square foot garden center, as shown on Figure 6. 4 Figure 1 ldb' Laurel, Maryland Site Location sa, tic Lowe'e Parking Study $ 1fEIL9 & ASSOCIATESUC Prince George'e County, Maryland -7-, - i"Ftsh�' I •l i I I I�I•f I f l ?� I�IIHtk+lli! Ili .liii,lu mi Figure 2 Laurel, Maryland Site Plan Lowe's Parking Study Prince George s County, Morylond 6 SITE PLAN PROVIDED BY BURGESS do NIPLE 1fEidS do ASSO TES, Id C I++4omnnc Figure 3 Bowie, Maryland Site Location N«u Sch"aW LP,I.'.., 'a Parkin Stud %—H—ASS���' Y a �n.xrnr , r rwrc maurw x George a County, Maryland •\ x I I I I t rJ n wm ra r^� I I I t I I I I , I +nm I 1 I' � I _ _ I Lot 4 ,l t t7..7}74c _ I I 1 7i I� I I SITE PLAN PROVIDED BY ASG INCORPORATED Figure 4 1W Bowie, Maryland Site Plan Nc`th 5«,.r,ctic Lowe s Parking Study __ EIS do ASSOCIATES, LLC Prince George's County, Maryland $ ,,,,,= —wR,�a 01 WA Sr ST pi NH A Ni Ax a lt CO GE 0. co Palk Y4 ES METRO I AS LT Ir RU- left Hope -S IV - —A fall Em TIT NO Y Cp STA STRATFORD WOODS Figure 5 New CorroUton, Mor\4ond Site Location Figure 6 New Carrollton, Maryland Site Plan SITE PLAN PROVIDED BY BURGESS do NIPLE -! North schmrmnk Lowe's Parking Study 10 u1f8LIS & ASSOCIATES, LLC Prince Georges County, Morylcnd yam"= W..M.W,K ,,,� 0 Based on the site plan and verified with field observations, there are a total of 532 parking spaces including I I handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Gainesville, Virginia. The Gainesville, Virginia store is located south of Wellington Road (Route 197), north of New Wellington Road, and east of Gateway Center Drive in Prince William County, Virginia, as shown on Figure 7. The store consists of an approximately 134,563 square foot building with an additional 27,303 square foot garden center, as shown on Figure 8. Based on the site plan and verified with field observations, there are a total of 737 parking spaces including 16 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Chantilly, Virginia, The Chantilly, Virginia store is located north of Route 50 (Lee Jackson Memorial Highway), and east of Metrotech Drive in Fairfax County, Virginia, as shown on Figure 9. The store consists of an approximately 138,817 square foot building with an additional 30,483 square foot garden center, as shown on Figure 10. Based on the site plan and verified with field observations, there are a total of 498 parking spaces including 18 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Figure 7 Gainesville, Virginia Site Location Lo°°�Poru"oStud y \2 I e.� - J,�. I, — — 11SKS'C-NDARD' *— ^IWk SITE PLAN PROVIDED BY BOHLER ENGINEERING Figure 8 Gainesville, Virginia Site Plan Lowe s Parking Study 13 Prince Witiiam County, Virginia North mom #* ME S do ASSOCIATES, LW �r axmc eWmaatErio6 r�� In m Figure 9 Chantilly, Virginia Site Location .'. North schwolk Lowe'a Parking Study WMB & ASSOCIATES, I r-Irtox county, Virginia I4 Figure 10 Chantilly, Virginia Site Plan SITE PLAN PROVIDED BY HANKINS ANDERSON -Ak- mcm sdvwrAft Lowe's Parking Study {5 u REL S & ASSOCIATES, LLC Fairfax County, Virginia --.a s■mremrmc �-4.� Baltimore, Maryland Market Area The study locations in the Baltimore, Maryland Market area were selected from existing stores located in Baltimore, Anne Arundel, Harford, and Carroll Counties, Maryland. The following is a brief description of each of the sites: Baltimore, Maryland. The Baltimore, Maryland store is located east of 1-695, north of Baltimore National Pike (U.S. Route 40) and south of Craftswood Drive in Baltimore County, Maryland, as shown on Figure 11. The store consists of an approximately 120,228 square foot building with an additional 28,071 square foot garden center, as shown on Figure 12. Based on the site plan and verified with field observations, there are a total of 578 parking spaces including 14 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Glen Burnie, Maryland. The Glen Burnie, Maryland store is located west of Ritchie Highway (MD 2), north of West Ordance Road, and east of Shelley Road in Anne Arundel County, Maryland, as shown on Figure 13. The store consists of an approximately 128,993 square foot building with an additional 34,206 square foot garden center, as shown on Figure 14. Based on the site plan and verified with field observations, there are a total of 671 parking spaces including 16 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Abingdon, Maryland. The Abingdon, Maryland store is located north of 1-95, east of the Vietnam Veterans Memorial Highway (route 24), and east of Constant Friendship Boulevard in Harford County, Maryland, as shown on Figure 15. The store consists of an approximately 134,492 square foot building with an additional 31,180 square foot garden center, as shown on Figure 16. 16 A Hi siiva�e I -.'W, - �, " :,k, I, ;I C M WS ecu a` TTt1 r. MAE WS S4 S S Mail i'PARK Exit 16 X1 Aw "-r —J'4 Q� 6? ,— -,&WA a. fl TOOg RX" P.10 E IV Lt 0 //�,, t 'f , (". pt Ito A dT 6'fl�e, f !>:It ?,,g 'T It X" .'ALTO 'v 3 1115" W Ca 0 V%, '.4 "T, x PAP Y —4. Y1 Al & > F I E L 0,9��'• O,� �_-_ �210 19 4, .6 �ce A�;, o A,a. A :' - , --.;z '11 14 10 Nzr// A ye'\ E9 - �kq c4 Vo �Dip oft" �o 5:0 I sk. 0 VIEw 16 Ay r9 2Test4.19 -0' ' ej Wo 4W 0 M ssp MS M(W-A-C RD p 1.77-- Ul" FDNI 0 N r!"', 0 g'. -. 11, .711, . N qr! v q opcir L.bcc, CF. 4VE E 41. F" CA' HQ V.•0 Nut �l ...Vp uy, to Ut P'N"R '.x COO E' -p' 0 Q, ... .... QATQ NSWU�i- 0- V _3r C a 1.-, t 16 0 E nSViUE SCUe ES hD S CATD SVILLE R. v. V, r k-R n E$_t v , I Enirormmpt., i Perp�lt]alnoff.,. Scince ;SX:FREDLiRJCK A,6 . lo R j 06 n 'first CW(ch r 6i Science pilan'!1ome 3 AT e Im Will 3, Ll Dry Figure 11 Nort1h Baltimore, Maryland Site Location SchmITtcttlo Lowe's Parking Study 17 u WK10 & ASSOCIAM). LLC 13altYhore County, Maryland .j' 72 4. • C 't.''i - ^x - - Brock Par Arundel Village - tstt, Ave4m � nyt? �ZJ / a 1Va�a`� A ea��• -- r P° cr , Sward Avn V1110 Purnphrey V N ti 7 Harntnbnds Ln 'y a a ,g c��lr \n Ar del Gardens t�cdac�t1� 19ardons Cemetery o r Holy a a Cemetery ,., Ansndel CorP�atla Rd`r� Cherry Lit it Wad 5t Evans St Ralelgn Rd Mar Rd ;a YYdrllckl Rd j11 Av f r. `�" ti I gnorAl, °a W � �i I Iti d is t Wades LnWoodcresttSITE yO Rd � E Ordnance R' hts 11 74 �v }y � In4y Hill Ln r- ","• -_ t st' ` f ` 4 4th Ave N n yllelltldin Ave ;iD! Garland ro f>aver av Ne Wenha Ve oR � eye ' MAP PROVIDED BY MAPQUEST Figure 13 Glen Burnie, Maryland Site Location scn.Nort tk Lowe'e Paricln Stud WMA do ASSOCIATES LW 9 y l C3 r rtr. nuu—".-� ewr.° mrairxm Anne Arundel County, Morylond Figure 14 Glen Burnie, Maryland Site Plan SJTE PLAN PROVIDED BY MORRIS do RITCHIE ASSOCIATES Sph r lc Lowe's Parking Study 20 y nwnc g & ASSDCIATFS,, UC Anne Arundel County, Maryland 1-VO Ift -- `uJ)i' IA0.bUn - •• I _ : �a;j: �., 1:f � v OJ „--�-. w y4 � � �- ; of ,..• I.r•� ,. � < EI ...,.i+• /,P J pl k I.Ub1 's `• i" .Z♦c�� 1 l`�` ♦��.%t 4? F7RE�lGN 5 � � �J 4 t` t'i�-,� ♦ ��M " .r 4: '-� O E �2 1 CEyJ Y f OHD ��iDf c 4 �t� �r ,J aL5 ♦ e��Rr t,�' ♦JyY% r , s �n�°TGo c�vC,I, O WHITE K01 RIE �8 �o T � ocgoGEc�ciI00 RINY °RDSHIP Park 1V7 o r I �. l ��,Q9/G.•Oe�Ca AY i LOU MAR :..�9 �• i°� 2 INTERSINDSF P '� {9IEl� �'" }� � Is: F RUN ti,°9 Y � ROSSIN /v5 0 ` o � � � MANO �` n r -� ��� -- —moo. , Dox_ /ro,°f.:•:•.•.. <'�`'c _.1 A mo mod--, �`lr\c< z )h y� A DO's�1 /I �,�gg��p St�At`: 9 '�.I ��• F� -1i o� /1 f� OIQ AN / 9i ?�?WW1. 'y i „ DENT j 000. 09 /sJ s � 51TE F OD �� a 0 S (.�E?thiN _ wnv. Hx; 1' . • �'\moo BOX NILL 0 p�Q t OAKS QF�! o Z , ' \go CORPO TE HARFORDt'' INS „ail ARPORf;: INS — d=> ,rPl ��H` WOODSD L �,N "\ s 4#: S: • ire A �o0000 O00 DALE V OW^�� �GxgAN COCHRAN'%}�aiiVr HILLS .r;, „• ': ;.,r,+s;'�;is�?•�:'. ,:�.,t •p z l: e.ie;;•1 V} ,;4: pfJy ;;1;.�`'°,itttr SEE GRID KB t ' 'i+GQ�! .�s.�r'. ' x - _hfp SEE GRID I BACK POINTE CT i ' 41� I HOE DEAHY I~ $ (I:: ON ANTI 2 CAME POINTE CT %r •';• ��•-= F 2 ROC CREFr• p 1 92 �A 3 WIN EA .l�0; 4 DEE SPELLC 3 YiINDMILLE P0INTE CT , ;;'':.i?,.:,! RI Hi 3 4 STAR POINTE CT } f:; •,j, ?:'.i:;';J- ''<%;?.j ., U �. 5 RAL OWN CT 51110MASMWIECT �. "�',:,tl:,•:.. �.. 'f{':y r! ,�_: -- I�//1} ,,''a?=•r:::;%1,;:.f!,.�1(;';:,''.t'j. .'.;,;.�:Ci?d� •[ ';`tic.;• ' �+?J - r;:BZ411)tSEl�tt p:¢ i;<,.. yQ~O.; .v THO NAPPU lY5 POINTECT PW.:REST C S nFl0 aH4U,slut I a wo osaoo ` r�ii'S'„�' ,•h:s:;? ?;: EDGEVJODOI. o HIC William; `\ .. - _-= __. TI Ci.ir a��`,`�I•`,> j�l%�':�yi� ;;;.;' i�:`• ` ��l% �' �•P_j, �''C�(�` { ,: �yy{r��1• ,b,:,.c!/,af.. RD Q\ Q 9y ES:.�. .:.. N lotc ut LAUREL` �+ 24 LEARV EW �/1?�.�' '`,c�= kY.: .',i. )'� fir. ., �:r:n,1i• Z• � . , VAN BIE EF,`;o tyf P t\ <:• FsO niters Run Park JOHNSON :.;..,;..• \YQE LPH1 7 yI MANOR o I �.. KETiHY °Rultwtll- ~/ala a to qTO CT s Flo IIe �I '7nom nS✓�O:a� i1'�=�I, 1�? 1t1�(aiQ t irl�, t 4.7ognn Figure 15 -A* Abingdon, Maryland Site Location Seh Ila Lowe'a Parking Study 21 _N1fFI1�A930C1h�7&4•. Harford County, Maryland Figure 16 Abingdon, Maryland Site Plan mob sawwwdc Lowe's Parking Study 22 —� 9 Harford County, Maryland 9 • Based on the site plan and verified with field observations, there are a total of 989 parking spaces including 22 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. Timonium, Maryland. The Timonium, Maryland store is located east of York Road (MD 45), north of Old Padonia Road, south of Galloway Avenue and east of Texas Station Court in Baltimore County, Virginia, as shown on Figure 17. The store consists of an approximately 138,244 square foot building with an additional 28,064 square foot garden center, as shown on Figure 18. Based on the site plan and verified with field observations, there are a total of 904 parking spaces including 18 handicapped spaces available for Lowe's customers. A Sam's Club store is located adjacent to the Lowe's Home Center store and provides an additional 548 parking spaces including 14 handicapped spaces. The hours of operation for the Lowe's store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 7:00 PM. Westminster, Maryland. The Westminster, Maryland store is located north of Baltimore Boulevard (MD 97), east of Market Street, and south of Center Street in Carroll County, Maryland, as shown on Figure 19. The store consists of an approximately 115,506 square foot building with an additional 35,067 square foot garden center, as shown on Figure 20. Based on the site plan and verified with field observations, there are a total of 716 parking spaces including 22 handicapped spaces available for Lowe's customers. The hours of operation for this store are Monday through Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. 23 ^ AD. it WA) SHERWO100 oo kv Is _101 A. SEAC HILL III w1r, Ise alk AR MILESTONE Li' Exit-l� MANOR CRESTRIDG BUS PK 5TE Ch S� SEE GRID V tj fills H HILL hit ES COW( DO 7. 0 CIE all 51 CTR COO Im ELGATE CAAP 1. PYJ CHAPEL FALLSCROFT I "Mum On ES PK IRS, On cl AP r DALE EE oxilil Figure 17 Timonium, Maryland Site Location 1W ASSOCIATES, UC Lowe's Parking 24 emum"�o""m» u"�m"o — SITE PLAN PROVIDED BY MORRIS & RITCHIE ASSOCIATES Figure 18 -ab- Timonium, Maryland Site Plan „oft L we's Parking Study 25 u WEUS & ASSOCIATES, LLC ltimore County, Maryland ,r,nc n�amrmc .�e��ocoamac+ Figure 19 -Alf' Westminster, Maryland Site Location � uo Lowa'a Parking Study zb ASSOCIATES` LLC Carroll County, Maryland ., •M •,-,. 7 Figure 20 Westminster, Maryland Site Plan SITE PLAN PROVIDED BY MORRIS do RITCHIE ASSOCIATES North Sdfrnat}c Lowe's Parking Study 27 ��WELTS & ASSOCIATr"5.,, LTA Carroll County, Maryland 1—, �,,,w,m�� • 0 PARKING OCCUPANCY COUNTS Overview Parking occupancy counts were conducted by Wells & Associates on Friday, March 23, 2007, Saturday, March 24, 2007, and Sunday, March 25, 2007 at the Washington, D.C. Market Area stores and on Friday, March 30, 2007, Saturday, March 31, 2007, and Sunday, April I, 2007 at the Baltimore, Maryland Market Area stores. The counts were conducted in half-hour increments from 7:00 AM to 9:00 PM on Friday and Saturday and from 8:00 AM to 8:00 PM on Sunday. The results of the counts are summarized in Tables I-10 for each store and discussed below. Washington, D.C. Market Area Laurel, Maryland. The results of the parking occupancies counts for the Laurel, Maryland store are summarized in Table I and indicate that the peak parking demand occurred on Saturday, March 24, 2007 at 6:00 PM when 291 parking spaces were occupied. This equates to a peak parking rate of 2.00 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.40 spaces per 1,000 square feet for the building only. Bowie, Maryland, The results of the parking occupancies counts for the Bowie, Maryland store are summarized in Table 2 and indicate that the peak parking demand occurred on Saturday, March 24, 2007 at 2:30 PM when 284 parking spaces were occupied. This equates to a peak parking rate of 2.13 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.58 spaces per 1,000 square feet for the building only. New Carrollton, Maryland. The results of the parking occupancies counts for the New Carrollton, Maryland store are summarized in Table 3 and indicate that the peak parking demand occurred on Saturday, March 24, 2007 at 3:00 PM when 212 parking spaces were occupied. This equates to a peak parking rate of 1.43 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 1.76 spaces per 1,000 square feet for the building only. Table I Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Laurel, Maryland Time Friday Saturday Sunday 3L23M Z KBL340_Z 3/25/2007 7:00 AM 36 23 - 7:30 AM 44 40 - 8:00 AM 63 41 28 8:30 AM 75 47 61 9:00 AM 88 77 61 9:30 AM 127 92 84 10:00 AM 125 112 97 10:30 AM 131 131 129 11:00 AM 145 157 163 1 1:30 AM 155 187 165 12:00 P.M 180 201 193 12:30PM 197 195 231 I:OOPM 189 221 243 1:30 PM 162 236 251 2:00 PM 186 269 252 2:30 PM 193 260 244 3.00 PM 186 267 274 3:30 PM 158 267 252 4:00 PM 170 261 246 4:30 PM 152 257 236 5:00 PM 144 242 237 5:30 PM 171 276 227 6:00 PM 190 291 202 6:30 PM 216 279 201 7:00 PM 230 280 178 7:30 PM 229 273 151 8:00 PM 218 246 160 8:30 PM 222 237 - 9:00 PM 205 224 Peak Parking 230 291 274 Time of the day 7:00 PM 6:00 PM 3:00 PM Parking Rate (spaces/1,000 sq. fr-) 1.58 2.00 1.89 (Building+ Garden Center) Parking Rate (spaccs/),000 sq. ft.) 1.90 2.40 2.26 (Building Only) Notc I Bulldlna slie and garden center and assumed as 121.333 and 24,020 agave feet respecttrety. Parking Oce DC Market I Laurel Wells & Associates, I.I.C. 4/ 1 On007 29 Leesburg, Virginia Table 2 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Bowie, Maryland Time Friday Saturday Sunday 3 2 Z j12xif?.00Z 3/Z5/242Z 7.00 AM 60 46 7:30 AM 76 64 - 8:00 AM 93 71 49 8:30 AM 99 100 78 9:00 AM 115 124 104 9:30 AM 129 145 105 10:00 AM 133 155 133 10:30 AM 158 168 172 11:00 AM 161 189 202 1 1:30 AM 175 193 220 12:00 P.M 180 222 252 12:30PM 169 255 273 I:OOPM 178 240 273 1:30 PM 173 265 274 2:00 PM 169 267 275 2:30 PM 167 284 258 3:00 PM 167 280 242 3:30 PM 154 277 240 4:00 PM 142 226 212 4:30 PM 127 220 184 5:00 PM 122 207 200 5:30 PM 123 204 180 6:00 PM 130 169 158 6:30 PM 126 172 135 7:00 PM 130 164 112 7:30 PM 134 159 100 8:00 PM 117 148 77 8:30 PM 98 123 9:00 PM 97 100 Peak Parking 180 284 275 Time of the day 12:00 P.M 2:30 PM 2:00 PM Parking Rate (spaces/1,000 sq. ft.) 1.35 2.13 2.07 (Building+Garden Center) Parking Rate (spaces/1,000 sq. ft) 1.64 2.58 250 (Building Only) Note: I Building size and garden center um assumed as 109,957 and 23.073 square feet respectively. Parking Occ DC Marker 2 Bowie Wells d Associates, LLC. 4/10R007 30 Leesburg, Virginia Table 3 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Now Carrollton, Maryland 1 Time Friday Saturday Sunday 3D3L4Q7 312412007 3L MU-07. 7:00 AM 40 33 7:30 AM 47 46 8:00 AM 67 57 35 8:30 AM 79 71 63 9:00 AM 75 01 73 9:30 AM 107 107 115 10.00 AM 130 127 133 10:30 AM 140 150 139 11:00 AM 115 170 152 1 1:30 AM 140 198 149 12:00 P.M 142 195 166 12:30PM 122 199 17 I :00PM 142 195 189 1:30 PM 134 198 184 2:00 PM 131 187 192 2:30 PM 139 205 184 3:00 PM 120 212 167 3:30 PM 112 189 175 4:00 PM 100 177 180 4:30 PM 102 150 177 5:00 PM 103 156 156 5:30 PM 95 159 137 6:00 PM 98 130 145 6:30 PM 108 121 117 7:00 PM 104 117 100 7:30 PM 120 110 71 8:00 PM 109 91 43 8:30 PM 85 89 - 9:00 PM 78 78 Peak Parking 142 212 192 Time of the day 12:15OPM, 1.00 PM 3:00 PM 2:00 PM Parking Rate (spaces/1,000 sq. ft.) 0.96 1.43 1.29 (Building + Garden Center) Parking Rate (spaces71,000 sq. ft.) 1.18 1.76 1.60 (Building Only) Note: I Building size and gsrden center area assumed as 120,728 and 20,071 tgwra feet respectlyely. Parking Occ DC Market.3 New Grrollton 31 Wells & Associates, LLC. 411 U2007 Leesburg, Vlrglnla • Gainesville, Virginia. The results of the parking occupancies counts for the Gainesville, Virginia store are summarized in Table 4 and indicate that the peak parking demand occurred on Sunday, March 25, 2007 at 1:00 PM when 281 parking spaces were occupied. This equates to a peak parking rate of 1.74 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.09 spaces per 1,000 square feet for the building only. Chantilly, Virginia. The results of the parking occupancies counts for the Chantilly, Virginia store are summarized in Table 5 and indicate that the peak parking demand occurred on Sunday, March 25, 2007 at 2:00 PM when 410 parking spaces were occupied. This equates to a peak parking rate of 2.42 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.95 spaces per 1,000 square feet for the building only. Baltimore, Maryland Market Area Baltimore, Maryland. The results of the parking occupancies counts for the Baltimore, Maryland store are summarized in Table 6 and indicate that the peak parking demand occurred on Saturday, March 31, 2007 at 3:00 PM when 278 parking spaces were occupied. This equates to a peak parking rate of 1.87 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.31 spaces per 1,000 square feet for the building only. Glen Burnie, Maryland. The results of the parking occupancies counts for the Glen Burnie, Maryland store are summarized in Table 7 and indicate that the peak parking demand occurred on Sunday, April 1, 2007 at 1:30 PM when 346 parking spaces were occupied. This equates to a peak parking rate of 2.12 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.68 spaces per 1,000 square feet for the building only. 32 Table 4 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Gainasvillo, Virginia Timo Friday Saturday Sunday 3/23/2001 3/24/2007 3/2.M.. 7:00 AM 47 53 7:30 AM 78 58 - 8:00 AM 86 64 48 8:30 AM 101 83 81 9:00 AM 98 106 89 9:30 AM 126 148 128 10:00 AM 134 171 122 10:30 AM 129 166 164 1 1:00 AM 148 162 192 1 1:30 AM 156 201 232 12:00 P.M 119 209 212 12:30PM 131 213 237 I:OOPM 143 221 281 1:30 PM 161 245 226 2:00 PM 153 266 238 2:30 PM 149 237 251 3:00 PM 146 258 234 3:30 PM 142 227 212 4:00 PM 132 104 198 4:30 PM 102 176 174 5:00 PM 107 159 169 5:30 PM 105 147 161 6:00 PM 94 133 103 6:30 PM 103 128 105 7:00 PM 1 1 1 122 79 7:30 PM 101 114 64 8:00 PM 116 02 44 8:30 PM 113 77 - 9:00 PM 76 66 Peak Parking 161 266 281 Time of the day 1:30 PM 2:00 PM I :OOPM Parking Rate (spaces/1,000 sq. ft.) 0.99 1.64 1.74 (Building + Garden Center) Parking Rate (spaces/1,000 sq. ft.) 1.20 1.98 2.09 (Building Only) Now I Bulldfnj size and garden center area assumed as 134,563 and 27,303 square feet respczuty ly. Parking Occ DC Marker-4 Galnesvtlle Wells & Associates, LLC. 4/102007 33 Leesburg, Virginia 0 • Table 5 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Chantilly, Virginia Time Friday Saturday Sunday 31U11M 312-41 .9.7 3/25l�99.Z 7:00 AM 66 58 7:30 AM 89 69 6:00 AM 97 99 81 8:30 AM 134 136 126 9:00 AM 156 170 183 9:30 AM 179 245 194 1 U0 AM 204 278 258 10:30 AM 235 333 282 1 1:00 AM 267 338 330 1 1:30 AM 243 354 349 12:00 P.M 261 347 384 12:30PM 243 334 358 1:00PM 251 352 367 1:30 PM 241 372 369 2:00 PM 252 356 410 2:30 PM 189 358 338 3:00 PM 206 336 320 3:30 PM 203 315 320 4:00 PM 173 307 280 4:30 PM 188 323 261 5:00 PM 172 203 225 5:30 PM 172 269 203 6:00 PM 169 251 205 6:30 PM 169 238 174 7:00 PM 189 221 164 7:30 PM 182 197 122 8:00 PM 177 106 106 8:30 PM 175 160 9:00 PM 161 142 Peak Parking 267 372 410 Time of the day 1 1:00 AM 1:30 PM 2:00 PM Parking Rate (spaces/i,000 sq. ft.) 1.58 2.20 2.42 (Building + Garden Center) Parking Rate (spaces/1,000 sq.ft) 1.92 2.68 195 (Building Only) Note: I Bullding slit and garden center am assunxd as 138.817 wtd 30,483 square feet mpaeyely. Parking Occ DC Market-5 Chantilly Wells & Associates, LLC. 411 MOW 34 Leesburg, Virginia Table 6 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Baltimore, Maryland i Time Friday Saturday Sunday 3/30/2007 3a11290.. 1/1/741 7:00 AM 42 39 7:30 AM 50 43 - 8:00 AM 78 63 50 9:30 AM 88 86 75 9:00 AM 143 100 79 9:30AM 151 131 103 10.00 AM 168 154 134 10:30 AM 173 194 164 1 1:00 AM 177 209 179 1 1:30 AM 187 194 180 12:00 P.M 198 250 201 12:30PM 216 243 187 I:OOPM 178 273 194 1:30 PM 181 255 201 2:00 PM 187 264 204 2.30 PM 185 269 229 3:00 PM 169 270 213 3:30 PM 165 269 224 4:00 PM 187 228 234 4:30 PM 147 229 196 5:00 PM 158 232 181 5:30 PM 157 216 138 6:00 PM 154 210 104 6:30 PM 178 183 Be TOO PM 179 162 75 7:30 PM 175 135 73 B:00 PM 166 128 65 8:30 PM 129 108 9:00 PM 125 113 Peak Parking 216 278 234 Time of the day 12:30PM 3:00 PM 4:00 PM Parking Race (spaces/ 1,000 sq. it) 1.46 1.87 1.58 (8ulldfng + Garden Center) Parking Rate (spaces/ 1,000 sq. it-) 1.80 2.31 1.95 (8ulldfng Only) Note: I Building size and garden ccntar area assumed as 120,220 and 20.071 square feet respectively. Perking Occ Baltimore Market6 Baltimore Wells & Associates, L-C. 4/1012007 35 Leesburg, Virginia Table 7 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Glen Burnie, Maryland 1 Thyto Friday Saturday Sunday 3/3012007 313112007 41112007 7:00 AM 64 48 7:30 AM 70 63 - 8:00 AM 84 93 60 8:30 AM 125 121 85 9:00 AM 150 151 123 9:30 AM 139 187 156 10:00 AM 168 202 195 10:30 AM 208 250 246 1 1:00 AM 198 299 238 1 1:30 AM 197 292 276 17.00 P.M 228 285 313 12:30PM 210 299 314 I:OOPM 210 345 317 1:30 PM 185 335 346 2.-00 PM 204 318 330 2:30 PM 178 261 298 3:00 PM 175 203 260 3:30 PM 168 287 222 4:00 PM 167 268 224 4:30 PM 169 260 225 5:00 PM 170 219 198 5:30 PM 181 202 156 6:00 PM 182 285 I50 6:30 PM 160 282 140 7:00 PM 185 185 102 7:30 PM 190 169 98 8:00 PM 170 139 78 8:30 PM 133 137 - 9:00 PM 115 98 Peak Parking 228 345 346 Time of the day 12:00 P.M I :OOPM 1:30 PM Parking Rate (spaces/1,000 sq. ft-) 1.40 2.11 2.12 (Building + Garden Center) Parking Rate (spaces/1,000 sq. ft.) 1.77 2.67 2.68 (Building Only) Now I Building site and grden center area assumed as 128.993 and 34,7D6 square feet respectively. Parking Occ BaWniore Market-7 Glen Burnie 36 Wells & Associates, LLC. 4/10R007 Leesburg, Virginia 9 • Abingdon, Maryland. The results of the parking occupancies counts for the Abingdon, Maryland store are summarized in Table 8 and indicate that the peak parking demand occurred on Sunday, April I, 2007 at 1:30 PM when 235 parking spaces were occupied. This equates to a peak parking rate of 1.42 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 1.75 spaces per 1,000 square feet for the building only. Timonium, Maryland. The results of the parking occupancies counts for the Timonium, Maryland store are summarized in Table 9 and indicate that the peak parking demand occurred on Saturday, March 31, 2007 at 2:00 PM when 256 parking spaces were occupied. This equates to a peak parking rate of 1.54 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 1.85 spaces per 1,000 square feet for the building only. Westminster. Maryland. The results of the parking occupancies counts for the Westminster, Maryland store are summarized in Table 10 and indicate that the peak parking demand occurred on Saturday, March 31, 2007 at 12:00 PM when 349 parking spaces were occupied. This equates to a peak parking rate of 1.94 spaces per 1,000 square feet of total area (Building plus Garden Center) or a rate of 2.53 spaces per 1,000 square feet for the building only. 37 i 0 Table 8 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Abingdon, Maryland 1 Time Friday Saturday Sunday 3/30/2007 313112007_ 411/2007 7:00 AM 47 45 7:30 AM 58 54 8:00 AM 62 65 50 8:30 AM 75 89 66 9:00 AM 86 99 78 9:30 AM 89 105 99 10:00 AM 95 160 122 10:30 AM 128 183 154 1 1:00 AM 131 174 167 1 1:30 AM 117 106 177 12.00 P.M 128 169 183 12:30PM 130 203 195 1:00PM 135 211 177 1:30 PM 131 226 235 2:00 PM 146 217 160 2:30 PM 134 201 221 3:00 PM 136 194 196 3:30 PM 132 181 203 4:00 PM 127 174 179 4:30 PM 118 172 176 5:00 PM 112 156 156 5:30 PM 114 128 110 6:00 PM 132 133 79 6:30 PM 143 122 89 7:OD PM 202 116 107 7:30 PM 206 115 74 8:00 PM 138 109 42 8:30 PM 143 97 9:00 PM 106 58 Peak Parking 206 226 235 Time of the day 7:30 PM 1:30 PM 1:30 PM Parking Rate (spaces/1,000 sq. it) 1.24 1.36 1.42 (Building + Garden Center) Parking Rate (spaces/1,000 sq.it) 1.53 1.68 1.75 (Building Only) Note: I 8ullding slim and garden center sra assurned as 134,492 and 31,180 square feet respecttraty. Parking Occ Baltimore Market.8 Abingdon 38 Wells & Associates, LLC. 411012007 Leesburg. Virginia Table 9 Lowe's Home Centers Parking Study Parking Occupancy Counts at Lowe's of Timonium, Maryland Time Friday Saturday Sunday 3/30 2 7 3/31/20Q7. N L2-M 7:00 AM 62 49 7:30 AM 92 49 - 8:00 AM 95 56 43 8:30 AM 102 81 57 9:00 AM 114 94 71 9:30 AM 146 116 81 10:00 AM 153 152 110 10:30AM 141 197 114 1 1:00 AM 171 198 13B 1 1:30 AM 181 196 198 12:00 P.M 171 215 193 12:30PM 172 237 208 I:OOPM 193 227 222 1:30 PM 183 214 217 2:00 PM 182 256 196 2:30 PM 181 227 25 3:00 PM 174 230 208 3:30 PM 153 241 144 4:00 PM 145 214 153 4:30 PM 144 179 147 5:00 PM 115 162 143 5:30 PM 108 133 93 6:00 PM 91 123 92 6:30 PM 121 123 99 7:00 PM 113 89 65 7:30 PM 123 96 53 8:00 PM 108 80 46 8:30 PM 105 68 9:00 PM 82 57 Peak Parking 193 256 222 Time of the day I :OOPM 2:00 PM I :OOPM Parking Rate (spaces/1,000 sq. ft-) 1.16 1.54 1.33 (Building + Garden Center) Parking Rate (space4/1,000 sq. ft.) 1.40 1.85 1.61 (Building Only) Now I Building size and garden center un assumed as 138,244 and 20.064 squire feet respectivdy. Puking Occ Baltimore Marker-9 Timonium 39 Wells & Associatea, I.I.C. 4/10/2007 Leesburg, Vlrglnia 0 • Table 10 Lowe's }-tome Centers Parking Study Parking Occupancy Counts nt Lowe's of Westminster, Maryland Time Friday Saturday Sunday 3130/2007 313 WO-0? 9LLam 7:00 AM 65 71 7:30 AM 92 84 8:00AM 111 121 86 8:30 AM 132 127 91 9:00 AM 143 140 103 9:30 AM 140 193 119 10:00 AM 170 251 170 10:30 AM 178 256 211 1 1:00 AM 214 266 214 1 1:30 AM 192 339 241 12:00 P.M 211 349 269 12:30PM 224 324 274 1:00PM 202 313 203 1:30 PM 194 298 269 2:00 PM 207 275 274 2-30 PM 211 265 281 3:00 PM 198 279 292 3:30 PM 184 274 224 4:00 PM 168 213 195 4:30 PM 155 209 201 5:00 PM 121 211 154 5:30 PM 124 188 131 6:00 PM 148 179 142 6:30 PM 183 165 109 7:00 PM 179 141 76 7:30 PM 181 136 61 8:00 PM 184 111 49 0:30 PM 163 83 9:00 PM 131 98 Peak Parking 224 349 292 Time of the day 12:30PM 12:00 P.M 3:00 PM Parking Rate (spaces/1,000 sq. ft.) 1.49 2.32 1.94 (Building + Garden Center) Parking Rate (spaces/ON sq. ft.) 1.94 3.02 2.53 (Building Only) Notir I Building size and prdm center am assumed as I IS,SO6 and 35,067 square feet respectNely. PaMng Occ Baltimore Market.10 Westminster Wells & Associates, I.I.C. 4/10/2007 40 Leesburg, Virginia PARKING ANALYSIS A parking analysis was completed to determine the average and 95" percentile number of occupied spaces and corresponding peak parking rate. The 95"' percentile is a statistical calculation that indicates the point at which 95 percent of the time the usage is at or below this amount. The analysis is presented on Table I I for both markets areas and indicates the following: Washington D.C. Market Area As shown on Table 11, for the Washington, D.C. market area, the highest average number of occupied spaces was 286 which occurred on Sunday, March 25, 2007 while the 956' percentile number of occupied spaces was 384. This equates to an average peak parking demand of 1.88 spaces per 1,000 square feet and a 95t' percentile peak parking demand of 2.35 spaces per 1,000 square feet for the total area (Building plus Garden Center). For the building only, the average peak parking demand was 2.28 spaces per 1,000 square feet and the 95" percentile peak parking demand was 2.86 spaces per 1,000 square feet. Baltimore, Maryland Market Area As shown on table 11, for the Baltimore, Maryland market area, the highest average number of occupied spaces was 291 which occurred on Saturday, March 3 I, 2007 while the 95`' percentile number of occupied spaces was 348. This equates to an average peak parking demand of 1.84 spaces per 1,000 square feet and a 95`' percentile peak parking demand of 2.28 spaces per 1,000 square feet for the total area (Building plus Garden Center). For the building only, the average peak parking demand was 2.31 spaces per 1,000 square feet and the 95' percentile peak parking demand was 2.95 spaces per 1,000 square feet. 41 C� • Table I ( Lowe's Home Centers Parking Study Parking Demand Summary Peak Number of Total Area Building Only Occupied Spaces Parking Rate Site Size Friday Saturday Sunday Friday Saturday Sunday Friday Saturday Sunday Woshinpton Market Arey_ t Laurel, MD 145,353 SF 230 291 274 1.58 2.00 1.89 1.90 2.40 2.26 Bowie, MD 109,957 SF 180 284 275 1.35 2.13 2.07 1.64 2.58 2.50 New Carrollton, MD 120,228 SF 142 212 192 0.96 1.43 1.29 1.18 1.76 1.60 Gainesville, VA 161,866 SF 161 266 281 0.99 1.64 1.74 1.20 1.98 2.09 Chantilly, VA 169,300 SF 267 372 410 1.58 2.20 2.42 1.92 2.68 2.95 Washington Market Average 196 285 286 1.29 1.88 1.88 1.57 2.28 2.28 Washington Market 95th Percentile 260 356 384 1.58 2.18 2.35 1.92 2.66 2.86 Baltimore Market Area 2 Baltimore, MD 148,299 SF 216 278 234 1.46 1.87 1.58 1.80 2.31 1.95 Glen Burnie, MD 163,199 SF 228 345 346 1.40 2.11 2.12 1.77 2.67 2.68 Abingdon, MD 165,672 SF 206 226 235 1.24 1.36 1.42 1.53 1.68 1.75 Timonium, MD 166,308 SF 193 256 222 1.16 1.54 1.33 1.40 1.85 1.61 Westminster, MD 150,573 SF 224 349 292 1.49 2.32 1.94 1.94 3.02 2.53 Baltimore Market Average 213 291 266 1.35 1.84 1.68 1.69 2.31 2.10 Baltimore Market 95th Percentile 227 348 335 1.48 2.28 2.08 1.91 2.95 2.65 Notes: 1) Parking counts conducted from March 23 - March 25, 2007. 2) Parking counts conducted from March 30 - April I, 2007. Parking Summary 4/ 10/2007 42 Wells & Associates, LLC Leesburg, Virginia CONCLUSIONS The conclusions of this parking study are as follows: I. In the Washington, D.C. Market Area, the average peak parking demand for the studied Lowe's Home Center stores is 1.88 spaces per 1,000 square feet while the 95`" percentile peak parking demand is 2.35 spaces per 1,000 square feet for the total area (Building plus Garden Center). 2. In the Washington, D.C. Market Area, for the building area only, the average peak parking demand for the studied Lowe's Home Center- stores is 2.28 spaces per 1,000 square feet while the 95' percentile peal. parking demand is 2.86 spaces per 1,000 square feet. 3. In the Baltimore, Maryland Market Area, the average peak parking demand for the studied Lowe's Home Center stores is 1.84 spaces per 1,000 square feet while the 95`h percentile peak parking demand is 2,28 spaces per 1,000 square feet for the total area (Building plus Garden Center). 4. In the Baltimore, Maryland Market Area, for the building area only, the average peak parking demand for the studied Lowe's Home Center stores is 2.31 spaces per 1,000 square feet while the 95`' percentile peak parking demand is 2.95 spaces per 1,000 0 Appendix A Washington D.C. Market Area Parking Occupancy Counts • • Parking Occupancy Count Surveyor: Jesl,Majda,& Ergys MO Riverdale Rd.New Carrllton MD 20784 Hours: 7am-9pm Fri.& Sat. - 8am-8pm Sun. # 3596 Date: March,23,24,& 26th,2007 Weather: Clear/Raln Lots Friday Saturday Sunday Cars cars cars cars AM 7:00 AM 40 33 0 7:30 AM 47 46 0 8:00 AM 67 57 35 8:30 AM 79 71 63 9:00 AM 75 81 73 9:30 AM 107 107 115 10:00 AM 130 127 133 10:30 AM 140 150 139 11:00 AM 115 178 152 11:30 AM 140 198 149 12:00 P.M 142 1951 16B PM 12:30PM 122 199 17 1:OOPM 142 195 189 1:30 PM 134 198 184 2:00 PM 131 187 192 2:30 PM 139 205 184 3:00 PM 120 212 167 3:30 PM 112 189 175 4:00 PM 100 177 180 4:30 PM 102 158 177 5:00 PM 103 156 156 6:30 PM 95 159 137 6:00 PM 98 130 145 6:30 PM 108 121 117 7:00 PM 104 117 100 7:30 PM 120 110 71 8:00 PM 109 91 43 8:30 PM 85 89 0 9:00 PM 78 78 0 Total Spc 532 632 532 • • Parking Occupancy Count 13601 Heritage Bivd.Bowle MD # 3596 Surveyor: Luz,Admir & DI Hours: 7am-9pm Fri.& Sat. - 8am-Bern Sun. Date: March,23,24,& 25th,2007 Weather: Clear/Rain Lots Friday Saturday Sunday Cars AM 7:00 AM cars 60 cars 46 cars 0 7:30 AM 76 64 0 8:00 AM 93 71 49 8:30 AM 99 100 78 9:00 AM 115 124 104 9:30 AM 129 145 105 10:00 AM 133 155 133 10:30 AM 158 168 172 11:00 AM 161 189 202 11:30 AM 175 193 220 12:00 P.M PM 12:30PM 180 169 222 255 252 273 1:OOPM 178 240 273 1:30 PM 173 266 274 2:00 PM 168 267 275 2:30 PM 167 284 258 3:00 PM 167 280 242 3:30 PM 154 277 240 4:00 PM 142 226 212 4:30 PM 127 220 184 5:00 PM 122 207 200 5:30 PM 123 204 180 6:00 PM 130 189 158 6:30 PM 126 172 136 7:00 PM 130 164 112 7:30 PM 134 159 100 8:00 PM 117 148 77 8:30 PM 98 123 0 9:00 PM 97 100 0 Total Spcs. 641 641 641 • • Parking Occupancy Count Surveyor: 13000 Gateway Center Dr,Gainsvlllo,VA 20 Hours: , # 3596 Date: Weather: Lots Friday Saturday Sunda Cars AM T:00 AM cars 47 cars 53 cars 0 7:30 AM 78 58 0 8:00 AM 86 64 48 8:30 AM 101 83 81 9:00 AM 98 106 89 9:30 AM 126 148 128 10:00 AM 134 171 122 10:30 AM 129 166 164 11:00 AM 148 162 192 11:30 AM 156 201 232 12:00 P.M PM 12:30PM 119 131 209 213 212 237 1:00PM 143 221 2.81 1:30 PM 161 245 226 2:00 PM 153 266 238 2:30 PM 149 237 251 3:00 PM 146 258 234 3:30 PM 142 227 212 4:00 PM 132 184 198 4:30 PM 102 176 174 5:00 PM 107 159 169 5:30 PM 105 147 161 6:00 PM 94 133 103 6:30 PM 103 128 105 7:00 PM 111 122 79 7:30 PM 101 114 64 8:00 PM 116 82 44 8:30 PM 113 77 0 9:00 PM 76 66 0 Total Spce. 737 737 1 737 Mlrza,Admlr,Ramlz 7arn-9pm Fri.& Sat. - 8am-8pm Sun. March,23,24,& 25th,2007 Cloar/Rain • • Parking Occupancy Count 13856 Metrotech Dr.Chantilly,VA 20151 # 3596 Surveyor: Hilda,Carlos,Steven,Ergys & Bolen Hours: 7am-9pm Fri.& Sat. - 8am-8pm Sun. Data: March,23,24,& 26th,2007 Weathor: Clear/Rain Lots Friday Saturday Sunday Cars AM cars 86 cars 58 cars 0 7:00 AM 7:30 AM 89 69 0 8:00 AM 97 99 81 8:30 AM 134 136 126 9:00 AM 156 170 183 9:30 AM 179 245 194 10:00 AM 204 278 258 10:30 AM 235 333 282 11:00 AM 267 338 330 11:30 AM 243 354 349 12:00 P.M PM 261 243 347 334 384 358 12:30PM 1:OO13M 251 352 367 1:30 PM 241 372 389 2:00 PM 252 356 410 2:30 PM 189 358 338 3:00 PM 206 336 328 3:30 PM 203 315 320 4:00 PM 173 307 280 4:30 PM 186 323 261 6:00 PM 172 283 225 5:30 PM 172 269 203 8:00 PM 169 251 205 6:30 PM 169 236 174 7:00 PM 189 221 164 7:30 PM 182 197 122 8:00 PM 177 186 106 8:30 PM 175 160 0 9:00 PM 161 142 0 Total Spcs. 498 498 1 498 • 0 Parking Occupancy Count Surveyor: Jesenia,luz & Mario 14300 Baltimore Ave.laurel MD 20707 Hours: 7am-9pm Frl.& Sat. - 8am-8pm Sun. # 3596 Date: March,23,24,& 261h,2007 Weather: Clear/Rain Lots Friday Saturday Sunday Cars cars cars cars AM 7:00 AM 36 23 0 7:30 AM 44 40 0 8:00 AM 63 41 28 8:30 AM 75 47 61 9:00 AM 88 77 61 9:30 AM 127 92 84 10:00 AM 125 112 97 10:30 AM 131 131 129 11:00 AM 145 157 163 11:30 AM 156 187 165 12:00 P.M 180 201 193 PM 12:30PM 197 195 231 1:OOPM 189 221 243 1:30 PM 162 236 251 2:00 PM 186 269 252 2:30 PM 193 260 244 3:00 PM 186 267 274 3:30 PM 168 267 252 4:00 PM 170 261 246 4:30 PM 152 257 236 6:00 PM 144 242 237 6:30 PM 171 276 227 0:00 PM 190 291 202 6:30 PM 216 279 201 7:00 PM 230 280 178 7:30 PM 229 273 151 8:00 PM 218 246 160 8:30 PM 222 237 0 9:00 PM 205 224 0 Total Spcs. 736 736 736 0 0 Appendix B Baltimore, Maryland Market Area Parking Occupancy Counts • 0 Parking Occupancy Count Surveyor: Josi,Josonia & Maria 19 Texas Station Ct. Hours: 7am-9pm Fri.& Sat. - 8am-8pm Sun. Luthervile Timontum,N Date: March,30,31 & April 01,2007 # 3596 Weather: Lots Frida Sat rday Sunda Cars cars cars I cars cars cars cars cars cars cars cars cars cars Lots 1 2 3 4 1 2 3 4 1 2 3 4 7:00 AM 49 34 13 3 44 39 5 6 0 0 0 0 7:30 AM 72 43 20 5 44 40 5 7 0 0 01 0 8:00 AM 69 65 26 5 51 52 5 8 391 34 4 4 0:30 AM 78 74 24 7 75 58 6 6 52 39 5 4 9:00 AM 90 84 24 9 89 76 5 8 66 35 5 4 9:30 AM 120 88 26 7 110 156 6 8 76 38 5 4 10:00 AM 129 128 24 9 148 156 4 11 107 91 3 7 10:30 AM 119 167 22 12 193 193 4 15 111 153 3 14 11:00 AM 146 176 25 14 194 211 4 14 135 193 3 20 11:30 AM 156 176 25 11 192 217 41 17 185 226 3 18 12:00 P.M 1 151 175 20 16 212 247 3 17 190 234 3 18 PM 12:30PM 152 198 20 13 234 240 3 22 205 261 3 17 1:00P M 171 199 22 13 224 241 3 22 219 214 3 19 1:30 PM 163 212 20 17 211 232 3 19 214 221 3 18 2:00 PM 158 214 24 20 253 242 3 16 193 249 3 18 2:30 PM 159 191 22 14 224 220 3 13 22 236 3 19 3:00 PM 153 190 21 19 227 221 3 20 205 242 3 21 3:30 PM 132 175 21 16 238 218 3 18 141 210 3 16 4:00 PM 123 147 22 16 211 226 3 14 150 197 3 23 4:30 PM 125 144 19 14 176 223 3 18 144 171 3 20 5:00 PM 101 149 14 15 158 201 4 18 140 147 3 15 5:30 PM 101 156 7 16 128 159 5 13 89 124 4 13 6:00 PM 85 148 6 14 118 146 5 121 89 78 3 6 6:30 PM 115 130 6 13 120 119 3 8 96 24 3 4 7:00 PM 108 129 5 11 86 '103 3 9 601 22 5 4 7:30 PM 118 145 5 7 93 107 3 6 48 11 5 4 8:00 PM 103 116 5 8 77 87 3 6 41 11 5 4 8:30 PM 1 100 61 5 5 65 47 3 3 0 0 0 0 9:00 PM 1 78 72 4 5 54 28 3 3 0 0 0 0 Total Spcs.1 770 479 1 134 69 770 479 134 69 770 479 134 69 • L.J Parking Occupancy Count 777 Market Street Wesiminister,MD 21157 # 3596 Surveyor: Roberto,Di & Majda Hours: 7am-9pm Fri,& Sat. - 8am-8pm Sun. Date: March,30,31 & April 01,2007 Weather: Lots Friday Saturday Sunday Cars AM cars 65 cars 71 cars 0 7:00 AM 7:30 AM 92 84 0 8:00 AM 111 121 86 8:30 AM 132 127 91 9:00 AM 143 148 103 9:30 AM 140 193 119 10:00 AM 170 251 170 10:30 AM 178 256 211 11:00 AM 214 266 214 11:30 AM 192 339 241 12:00 P.M PM 1 211 224 349 324 269 274 12:30PM 1:OOPM 202 313 283 1:30 PM 194 298 269 2:00 PM 207 275 274 2:30 PM 211 265 281 3:00 PM 198 279 292 3:30 PM 184 274 224 4:00 PM 168 213 195 4:30 PM 155 209 201 6:00 PM 121 211 154 5:30 PM 124 188 131 6:00 PM 148 179 142 6:30 PM 183 165 109 7:00 PM 179 141 76 7:30 PM 181 136 61 8:00 PM 184 111 49 8:30 PM 163 83 0 9:00 PM 131 98 0 Total Spcs. 716 1 716 716 • • Parking Occupancy Count Survoyor: Hugo,Majda,Homor & Jannotto 414 Constant Frlendshlp Blvd. Hours: 7am-9pm Frl.& Sat. - 8ain-8pm Sun. Abingdon,MD 21009 ## 3596 Dato: March,30,31 & April 01,2007 Woathor: Cloar/Rain Lots Friday Saturday Sunday Cars cars cars cars AM 7:00 AM 47 45 0 7:30 AM 58 54 0 8:00 AM 62 65 50 8:30 AM 75 89 66 9:00 AM 86 99 78 9:30 AM 89 105 99 10:00 AM 95 160 122 10:30 AM 128 183 154 11:00 AM 1 131 174 167 11:30 AM 117 186 177 12:00 P.M 128 169 183 PM 12:30PM 130 203 195 1:OOPM 135 211 177 1:30 PM 131 226 235 2:00 PM 146 217 160 2:30 PM 134 201 221 3:00 PM 136 194 196 3:30 PM 132 181 203 4:00 PM 127 174 179 4:30 PM 118 172 176 5:00 PM 112 156 156 5:30 PM 114 128 110 6:00 PM 132 133 79 6:30 PM 143 122 89 7:00 PM 202 116 107 7:30 PM 206 115 74 8:00 PM 138 109 42 8:30 PM 143 97 0 9:00 PM 106 56 0 Total Spcs, 989 1 989 1 989 11 • Parking Occupancy Count 6650 Ritchie Hwy Route 2 Glen Burnie,MD 21061# 3696 Surveyor: Alba & Eduvina Hours: 7arn-9prn Frl.& Sat. - 8am-8pm Sun. Date: March,30,31 & April 01,2007 Weather: Lots Friday Saturday Sunday Cars AM 7:00 AM cars 64 cars 48 cars 0 7:30 AM 70 63 0 8:00 AM 84 93 60 8:30 AM 125 121 85 9:00 AM 150 151 123 9:30 AM 139 187 156 10:00 AM 168 202 195 10:30 AM 208 250 246 11:00 AM 198 299 238 11:30 AM 197 292 276 12:00 P.M F 228 210 285 299 313 314 12:30PM 1:OOPM 210 345 317 1:30 PM 185 335 346 2:00 PM 204 318 330 2:30 PM 178 281 298 3:00 PM 175 283 260 3:30 PM 168 287 222 4:00 PM 167 268 224 4:30 PM 169 260 225 5:00 PM 170 219 198 5:30 PM 181 202 156 6:00 PM 182 285 150 6:30 PM 160 282 140 7:00 PM 185 185 102 7:30 PM 190 169 98 8:00 PM 170 139 78 8:30 PM 133 137 0 9:00 PM 115 98 0 Total Spcs. 671 671 1 671 0 0 Parking Occupancy Count Surveyor: HIIda,Lux& Mario 5900 Baltimore National Pike Hours: 7am-9pm Fri.& Sat. - 8am-8prn Sun. Catonsville,MD 21228 # 3596 Date: March,30,31 & April 01,2007 Weather: Lots Friday Saturday Sunday Cars cars cars cars AM 7:00 AM 42 39 0 7:30 AM 50 43 0 8:00 AM 78 63 50 8:30 AM 88 86 75 9:00 AM 143 100 79 9:30 AM 151 131 103 10:00 AM 168 154 134 10:30 AM 173 194 164 11:00 AM 177 209 179 11:30 AM 187 194 180 12:00 P.M 198 250 201 PM 12:30PM 216 243 187 1:O01?M 178 273 194 1:30 PM 181 255 201 2:00 PM 187 264 204 2:30 PM 185 269 229 3:00 PM 169 278 213 3:30 PM 165 269 224 4:00 PM 187 228 234 4:30 PM 147 229 196 5:00 PM 158 232 181 6:30 PM 157 216 138 6:00 PM 154 210 104 6:30 PM 178 183 88 7:00 PM 179 162 75 7:30 PM 175 135 73 8:00 PM 166 128 65 8:30 PM 129 1081 0 9:00 PM 125 113 1 0 Total Spcs. 578 578 578 0 0 Mr. Martin F. Smith, Jr., P.E. Bury Partners 3810 Concorde Parkway, Suite 1000 Chantilly, Virginia RE: Site Plan Comments - Rutherford Crossing Frederick County Virginia Dear Mr. Smith: May 18, 2007 COUNTY of FREDERIC ",- Department of Public Wol 540i665-56, -. ITAX: 540/678-01) :2 Upon review of the revised site plan dated May 2, 2007, all of'our previous comments have been addressed. Therefore, we recommend approval of the subject site plan. A Land Disturbance Permit can not be issued for the subject project until such time as a signed agreement is reached with the adjacent property owner. 11lie signed agreement is for the off -site chaiuiel improvements as designed by Greenway Engineering. Sincerely, o d ('� /L j/ � J Jae C. Wilder Deputy Director of Public Works cc: Candace Perkins, Planning & Development v Charles Dehaven, Stonewall District file I , I MAY 2 2 2007 0 107 North Kent Street • Winchester, Virginia 22601-5000 d J April 20, 2007 Mr. Kevin Pullen Bury & Partners 3810 concord Parkway, Suite 100 Chantilly, Virginia 20151 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 RC: Site Plan and Land Disturbance Comments APR 2 3 Rutherford Crossing Frederick County, Virginia Dear Mr. Pullen: Upon review of the subject site plan dated Febraury 12, 2007, we offer the following comments: The land disturbance plan comments are based on revised drawings dated April 11, 2007. 2. Provide a wire reinforced silt fence below the area of the proposed temporary sediment basin 1 to protect the downstream area from run off during the construction of the pond. 3. Provide a note on the plan which indicates that the temporary stockpile located on the east side of the site shall not block water draining from the adjacent properties onto the site. 4. Refer to Sheet 16 of 27: Provide a large rock check dam below the outlet of the sediment basin to act as an energy dissipater to ensure the velocities from the outlet pipe do not cause an erosion problem downstream. Provide velocities calculations for the proposed discharge. 5. Provide a permanent seeding schedule for the site. 6. Refer to Sheet 17 of 27: The detail for the silt fence shall include wire reinforcement. 7. The calculation for run-off assumes a time of concentration(Tc) of 60 minutes. However, based on a denuded site and a run-off c valve of 0.8, we have determined a Tc of 30 minutes. Therefore, the run-off intensity will change and the Q will change. Provide your assumptions for the proposed Tc of 60 minutes. If you concur with our calculated Tc of 30 minutes, recalculate the sediment basin based on the new Q. 107 North Kent Street • Winchester, Virginia 22601-5000 Rutherford Crossing Page 2 April 20, 2007 Due to the risk of Karst formations, design the dcwatering device for the proposed sediment basin with a 48 to 72-hour drawdown of the wet storage area. This will keep the potential of forming piping channels within the pond area. The contractor shall take great care and caution in constructing the pond and immediately deal with any sinkholes if they are encountered. 9. Your calculations indicate the use of an emergency spillway for the proposed sediment basin. Show the detail of the proposed spillway on a site grading plan. If the spillway is placed in controlled fill, an armored spillway must be provided with rip rap. If the emergency spillway is in a cut area, a grass spillway with erosion matting will be applicable. Provide calculations determining the proposed velocities of a proposed 100- year storm flowing through the spillway. 10. The proposed 3:1 cut slope located along the west side of the property shall have matting placed over the slope to ensure that an adequate stand of vegetation is established along this area. 11. Provide channel calculations for all proposed channels and swales on -site. If any drainage channel or swale has a slope of less than 2 percent, the contractor shall provide a paved flume or a french drain. 12. Provide the Frederick County Road name sign detail on the plans, signs arc required on Merchant Street, Market Street, and Milton Ray Drive, The detail is available at �vvwwxo.fi-ederick.va.Lis, select the link to Public Works, then Street Sign specifications. 13. The storm sewer system shall be private and be maintained by the owner or developer of the property. If I-1DPE is used on -site, in lieu of the proposed RCP, provide additional design calculations and details on the plan. 14. Ensure all provisions of the Frederick County Erosion and Sediment Ordinance, Land Disturbance Application requirements, and information on the attached checklist are incorporated on the plans including the construction entrance, pre -construction meeting requirements, etc. It will be necessary to ensure that the owners are aware of all requirements including the building permit requirements. 15. Provide details of all proposed storm sewer structures on the plans. 16. Resubmit all the revisions to the plans in one package labeled, site plan. , Rutherford Crossing Page 3 April 20, 2007 Once these comments have been addressed please submit one (1) set of plans for further review. Frederick County Public Works will not issue a Land Disturbance Permit until the off - site improvement plan has been approved and an agreement has been reached with the affected property owner. Sincerely, Joe C. Wilder Deputy Director JCW/mlr cc: Mark Cheran, Zoning and Subdivision Administrator file CADocuments and Settings\,NIR\Nfy Documents\Review PornuUs\RU'['EllRI,'ORDCROSSINC.wpd CO Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 30, 2007 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Re: Second Review Comments for SP#13-07; Rutherford Crossing Property, Identification Numbers (PINS): 43-A-99, 43-A-100 Dear Marty: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staffs comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) Special Limited Power of Attorney Form. Please have the all of the property owners sign a Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. 2) Subdivisions and Shared Parking Agreement. As you are aware, the final subdivision ofthis site needs to be completed before the site plan can be approved. Also, any shared parking agreements required because of the subdivisions need to be recorded with the subdivision. 3) Zoning District Buffers, Parking Lot Landscaping and Martinsburg Pike Landscaping. Provide the County with correspondence from Allegheny Power approving the proposed landscaping within any of their easements. 4) Northern Entrance. The northern most entrance is proffered to be a right -in, right -out only and the site plan submitted shows a median break and left turn lanes on Martinsburg Pike to make a left into the site. The median on Martinsburg Pike needs to be closed to ensure this entrance functions properly. 5) Dumpsters. Ensure that there is a six inch curb between all parking spaces and dumpsters and that the dumpster structure is at least three feet from the curb. 6) Historical Area. On sheet 8, the historical area only shows the proposed path. Provide the location of the tables and ensure that the path is handicap accessible. The public easement should also extend into the parking lot to ensure access through the private parking lot. This easement needs to be recorded before the site plan can be approved. Also, as we have discussed, the text for the signs needs to be approved by the County's Historic Resources Advisory Board and the Virginia Department of Historic Resources so that the signs are in place before the buildings open. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Marty Smith Bury +Partners RE: Site Plan #05-07 April 30, 2007 Page 2 7) Bank Site. On sheet 8, revise the bank site as indicated. 8) Buildinp, 2 Parking. On sheet 9, landscaped islands need to be provided at the end of the parking area as indicated. 9) Building 3A Parking. Revise the new parking areas behind this building as indicated on sheet 10. The spaces closest to building 4 are not accessible to the public and cannot count towards required parking. 10) Sidewalk. Shade the sidewalk adjacent to building 2 (concrete) as indicated on sheet 12. 1 1) Woodland Buffer. Provide a note on sheet 79 that states if the woodland buffer is not sufficient upon inspection that additional plantings may be required by the Planning Department to supplement the existing vegetation. Ensure that a six foot berm/fence is provided within the buffer area that is shown as not having existing vegetation. 12) Buffer Ai -ea 1. Sheet 84 states that buffer area one only has woodlands; however, the site plan Shows numerous new trees. 13) Zoning District Buffer. The buffer area along the public street on sheet 80 does not match the MDP; revise the area indicated on sheet 80. 14) Plant Schedule and Breakdowns (Sheets 83-84). The plant schedules on sheet 83 and 84 do not match. Please note that all perimeter and interior landscaping trees must be deciduous; sheet 84 states that there are 946 perimeter and interior trees but sheet 83 states that there are only 753 deciduous trees. The zoning district buffers also require dcciduoUS trees which don't appear to be reflected in the plant schedule. After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment shects are required from the following agencies: the Frederick County Inspections Department, the Freclerick County Department of Public f ,orks (County Engineer), the Frederick C011171y Fire Alarshal, the Freclerick County Sanitation Authority, the health Department, Freclerick County GIS Department, and the Virginia Department of Transporlation. Sincerely, Candice E. Perkins Planner II cc: Rutherford Farm, LLC, 112 N. Cameron St., Winchester, VA 22601 Jack Waghorn, NV Retail, 8230 Leesburg Pike, Ste. 500, Vienna, VA 22182 CEP/bad Enclosure COUN' � f x��, �TCK '� Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 6, 2007 Mr. Kevin Pullen Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Re: First Review Comments for SP#13-07; Rutherford Crossing (Sheets 1-12) Property Identification Numbers (PINS): 43-A-99, 43-A-100 Dear Kevin: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staff s comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) Subdivision. The Boundary Line Adjustment needs to be completed/recorded before the site plan can be approved. Please note that currently the plats presented to our department do not match the site plan (existing ROW needs to be vacated and new ROW created). 2) Special Limited Power of Attorney Form. Please have the property owner sign the attached Special Limited Power of Attorney Form prior to further review or approval. This form should be notarized and completed to grant the applicant (you) with authorization to represent them for this site plan. 3) Shared Parkinlz A14reement. Since this site will be subdivided and the total parking space numbers for the buildings are not achieved on the individual lot areas, a shared parking agreement will be required. This agreement must be in place before the site plan will be approved. 4) Zoning District Buffer and Martinsburg Pike Landscaping. It appears that the proposed relocation of the overhead power lines will create a conflict with the required landscaping for this project. The woodland buffer along the adjacent RA property cannot be disturbed and the Martinsburg Pike landscaping is required by proffer. Sheet 2 5) Disturbed Woodlands. Tile site notes state that 100% of the woodlands will be disturbed. The approved MDP shows a 50 foot woodland buffer being preserved against the adjacent RA residential property. 6) Handicap Spaces. For parking lots with more than 501 spaces, 2% of the total is required to be handicap spaces; revise the required spaces to 53, not 36. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Kevin Pullen - Bury + Partners . . RE: Site Plan 05-07 April 6, 2007 Page 2 Sheet 3 7) Trail Detail The asphalt trail detail needs to be revised as indicated. Sheet 4 No comments. Sheet 5 8) Property Lines. The new property lines are difficult to follow and need to be more visible. 9) Directional Arrows. On sheets 5-12, directional arrows need to be provided throughout the development. 10) Existing Overhead Power Line._ Clarify if the existing easement will remain or if it will be vacated and relocated. 1 1) Interstate Overlay Sign. The pylon/interstate overlay sign needs to be removed from the VDOT reservation. The proffer states that the property will be reserved without financial compensation and dedicated at the request of VDOT. Utilizing the property for a sign is not reserving the property. Sheet 6 12) Loading Spaces. Each building needs a 12' x 45' striped loading space; loading spaces cannot be located within driving lanes. The loading space provided for building 6A does not appear useable. 13) Curb and Gutter. Curb and Gutter (minimum CG-6) is required along all of the parking spaces (see buildings 6B and 6C). Indicate what the islands consist of for building 6B. 14) Dumpsters. Dumpsters located within the parking areas must be separated from the parking spaces by a six inch concrete curb (§ 165-27E(9)). 15) Trail. Shade the ten foot asphalt trail along Martinsburg Pike. Sheet 7 16) Crosswalks and Stop Signs. The area in front of building 4 should be completely striped for pedestrian crossing. 17) Loading Spaces. Stripe all loading spaces. 18) Interstate Overlay Sign. The pylon/interstate overlay sign needs to be removed from the VDOT reservation. The proffer states that the property will be reserved without financial compensation and dedicated at the request of VDOT. Utilizing the property for a sign is not reserving the property. Sheet 8 19) Building ID. For the bank structure, show the required 90 feet of stacking distance for each lane. Show the bypass lane and provide a Do Not Enter sign/striping as indicated. 20) Loading Spaces. The bank does not require a loading space. 21) Dumpsters. Label the dumpsters and provide concrete aprons. 22) Zoning District Buffer. The buffer labeled "landscaped" buffer needs to be labeled woodland buffer. This area is also labeled proposed overhead power easement; under the current MPD, this area cannot be disturbed. 23) Historical Area. Proffer D I from the rezoning stated that an interpretive area would be provided which would include a public access easement, picnic tables and landscaping; the site plan only shows a sign. Mr. Kevin Pullen Bury + Partners • • RE: Site Plan 1105-07 April 6, 2007 Page 3 Sheet 9 24) LoadinI4 Spaces. All loading spaces need to be striped. The loading space for building 313 does not appear to be 12' x 45'. The loading space for building lE needs to have access to the building (sidewalk, etc). 25) Cart Returns. Indicate if cart returns will be needed for building 1 A and 1 B. 26) Dumpsters. The dumpster area provided for the bank doesn't make any sense; if the proposed bank does not require a dumpster, it can be removed. A concrete curb needs to be provided around the dumpster for building 313. The dumpster for building 1 E needs to be located closer to the building. 27) Woodland Buffer. The woodland buffer per the MDP has not been shown on sheet 9. 28) Buffer. Label the 15 foot buffer along Milton Ray Drive. Sheet 10 29) Sidewalks Islands and Curb and Gutter. The parking spaces adjacent to building 2 and behind building 3A need to have a sidewalk, curb and gutter and raised landscaped islands at both ends. 30) Trees. Remove the trees from the parking lot for building 4. 31) Dunipsters. Provide notes on sheet 10 of the site plan if buildings 2, 3A and 4 will have internal dumpsters. Sheet 11 32) Buffer. Show/label the 15 foot buffer along Milton Ray Drive. Sheet 12 33) Sidewalk. Shade the sidewalk adjacent to building 2. 34) BRL's. The site plans shows a BRL of 50 feet off of Milton Ray Drive; this road requires a 35 foot BRL. After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required from the following -agencies:- the. Frederick ---- County Inspections Department, the Frederick County Department of Public Works (County Engineer), the Frederick County Fire Marshal, the Frederick County Scu1/tation Awhorlty, the Health Department, Frederick County GIS Department, and the Virginia Department of Trcmsportation. Sincerely, 'a', . I L/ )a"�' Candice E. Perkins Planner II cc: Rutherford Farm, LLC, 112 N. Cameron St., Winchester, VA 22601 CEP/blid Attachment • • rI April 6, 2007 Mr. Kevin Pullen Bury + Partners 3810 Concord Parkway Suite 1000 Chantilly, Virginia 20151 ERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Re: First Review Comments for SP#13-07; Rutherford Crossing (Landscaping Sheets 76-84) Property Identification Numbers (PINS): 43-A-99, 43-A-100 Dear Kevin: Planning Staff has reviewed the above -referenced site plan to determine if administrative approval can be granted. At this time, administrative approval cannot be granted. This site plan is denied until the issues in this letter, as well as all issues of the other review agencies, have been adequately addressed. Please review Staff's comments listed below and then prepare a revised site plan which adequately addresses each concern. Review Comments: 1) LandscapinjZ Sheets. Revise the landscaping sheets to reflect the layout of sheets 5-12. 2) Notes. There is a note on many of the landscaping sheets that states the planting schedule and notes are on sheet 88; the notes are now on shects 83 and 84. 3) Tree Save Area (sheet 76). Per the approved MDP, the entire area indicated is a tree save area. 4) Overhead Lines (sheet 76). Provide clarification that the power lines will not impact the landscaping along Martinsburg Pike. 5) Tree Locations (sheet 76). Additional deciduous trees should be provided in the hedge rows as indicated and evergreen trees should be provided behind building 5B to screen the loading areas. 6) ROW Reservation (sheet 78). Show the ROW reservation line on the plan. Please note that required landscaping per the Zoning Ordinance will not be permitted in this area; only plantings in addition which are approved by VDOT. 7) Martinsburiz Pike Landscaping (sheet 79). There is a gap in the landscaping where the proposed overhead lines are shown; this buffer needs to be continuous. 8) Woodland Buffer (sheets 79 and 80). The landscaping shown is not in conformance with the approved MDP. 9) Martinsburg Pike Buffer Contents (Sheets 76, 77 and 79). The Martinsburg Pike buffer is shown in blocks of evergreen and deciduous trees; this buffer needs to consist of a mix of trees, shrubs and flowers. 10) Zoning District Buffer (sheet 80). Ensure the total number of trees in the buffer is adequate. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Kevin Pullen Bury + Partners RE: Site Plan 05-07 0 April 6, 2007 Page 2 11) Zoning District Buffer (Sheets 82 and 83). Both sides of the buffer on Milton Ray Drive need to be installed with this development since it appears that the drainage improvements on the Ml portion of the site will preclude this area from being developed in the future. 12) Shrub and Tree Size (sheet 83). Shrubs used for parking lot screening need to be a minimum of 36 inches at time of planting. All deciduous trees that count toward the parking lot landscaping and buffer trees must be 2 inch caliper. 13) Landscaping Tabulations (sheet 84). Provide breakdowns of the buffers which include the total distance and number of trees. Provide the total number of trees required for perimeter landscaping. Ensure the impervious surface calculation include all impervious surface (parking, driving lanes, etc). 14) Landscaping Notes. On sheet 84, notes need to be provided that state (1) all planting shall conform with §165-36B of the Frederick County "Zoning Ordinance (Plant selection, planting procedure, and maintenance), and (2) any plant substitutions must be approved in writing by the Frederick County Planning Department. After you have revised the site plan, please resubmit two copies so that I may verify the information contained on the plan. I will need all approved review agency comment sheets and at least five copies of the final plan for approval. Comment sheets are required fi•om the following agencies: the Frederick County Inspeclions Depar077ent, the Freclerick County Departmenl of Public Works (County Enginm), the Frederick County Fire Marshal, the Freclerick County Saniicltlon Authol'lt}), the Health Department, Frederick County GIS Department, and the Virginia Department of Transportation. Sincerely, 2. L Candice E. Perkins Planner II cc: Rutherford Farm, LLC, 112 N. Cameron St., Winchester, VA 22601 CEP/bad Attachment o._ 0 1 tug-1-Part ere E N G I N E E R I N G S O L U T I O N S APR 2 2007 April 2, 2007 Ms Candice Perkins County of Frederick Department of Planning 107 North Kent Street, Suite 202 Winchester, Va 22601 RE: Rutherford Crossing Site Plan Dear Ms Perkins, We have addressed your comments on sheets 1 through 12 of the above referenced plan as follows: Sheet 2 We have added a note that `All outdoor ligliting must be shielded to prevent glare onto adjacent properties. We have changed `Owner/Applicant' to `Owner/Developer'. We have revised the side yard setback distance to he 35' We have revised the Handicap parking requirements table as requested Sheet 3 We have revised the typical H/C detail to show cg-6. We have revised the Asphalt Trail detail to show a 10' trail. We have revised the Sidewalk & Curbing detail' to show only CG-6. We have revised the three road cross sections to show the proper sidewalk width. Sheet 5 We have provided and indicated loading spaces for buildings. We have provided dumpsters for all buildings. We have provided CG-6 as requested. We have revised the property lines as requested. We have provided dimensions to illustrate the 180 sf parking spaces provided. Sheet 6 We have added pedestrian cross walks as requested. We have provided lane stripping and directional arrows as requested. We have provided dumpsters for all buildings. We have revised the annotation for the `Pylon Sign' to `Monument sign'. BURY+PARTNERS-VIRGINIA, INC. We have provided CG-6 as requested. 3810 Concorde Parkway, Suile 1000 p �l Chantilly, Virginia 20151 We have added sidewalk as requested. TEL (703) 968-9090 FAX (703) 968-4866 Austin • Dallas • Houston • San Antonio • Temple, Texas Fairfax • Warrenton • Williamsburg, Virginia www.burypartners.com j[y • • Ms Candice Perkins Bu ry r -} 1� at Aner s February 16, 2007 F N G I N F F RING Sol a f 10r�l S Page Sheet 7 We have added additional sidewalk along Target as requested. Our Client has elected not move the Pylon Sign out of the VDOT Reservation at this time. We have provided loading spaces for all buildings. We have provided crosswalks as requested. We have striped the pedestrian access area as requested. We have extended the sidewalk in the area indicated. Sheet 8 We have provided crosswalks as requested. We have added H/C ramps as requested. We have labeled the canopy and drive-tliru stacking as requested. We will provide the instrument number for 30' access easement when it is recorded. Our client has elected not to move the third entrance at this time, and pursue other options. Sheet 9 We have labeled the cart return areas. We have shown crosswalks as requested. We have striped pedestrian access as requested. We have indicated required loading spaces. We have indicated provided dumpster locations. Sheet 10 We have provided CG-6 as requested. We have labeled the transformer and generator behind Lowe's as requested. • Bury -TaAn-ers E r.1 G I r! F E R I P7 G , G l O i I O N S Sheet 11 We have provided crosswalks as requested. We have extended the sidewalk as requested. Sheet 12 We have provided a VDOT barricade at the end of Milton Ray Drive. We have extended the sidewalk and added ramps as requested. Ms Candice Perkins February 16, 2007 Page 3 If you have any questions or would like to discuss any of these items further, please do not hesitate to contact us. Sincerely, Bury+Partners — Virginia, Inc. Kevin Pullen Project Engineer Cc: Marty Smith, PE Reading file (20225-02) �I P Bury+Partners Consulting l'ngincers and Surveyors Bury+Partners, Inc. APO 2 3810 Concorde Parkway _001 Suite #1000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax Letter of Transmittal To: Candice Perkins Project No.: 20225-02 Company: Frederick County Department of Planning Dote: 04-02-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan Rl Delivery ❑ Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Description of ftem(s) 1 copy Rutherford Crossing Site Phi revised plan sheets 1 copy Comment response letter — Notes — Ms Perkins, If you have a questions please do not hesitate to contact me. — Kevin Pullen CONFIDENTIALITY NOTE: This transmittal ntay contain privileged and confidential information and is intended solely for the rtse of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notif ed that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. COMMONWEALTH of VIRQ.INLA DEPARTMENT OF TRANSPORTATION P. 0. Box 2249 Staunton, VA 24402-2249 www.ViMiniaDOTorg DAVID S. EKERN, PE COMMISSIONER January 29, 2007 Mr. William H. Laurer C/O Rutherford Farm, LLC 11450 Baron Cameron Avenue Reston, VA 20190 Ref: Rutherford Crossing — Route 11 Public Improvements Route 11, Frederick County Dear Mr. Laurer: Enclosed is your approved Land Use Permit #855-7971 to cover the referenced project. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 11 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. For your information the account receivable number for this project is 00084591. Any inspection costs we incur will be billed to you monthly. You are required to contact Mr. John Davis at (540) 535-1828 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sincerely, L C���.fl-✓lt, Ronnie Dove Hwy. Permits & Subd. Specialist Sr. wY P Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old Valley Pike Edinburg, VA 22824 Phone #(540)984-5600 Fax #(540)984-5607 Enclosure xc: Mr. John Davis k Cheran WE KEEP VIRGINIA MOVING 6 SITE PLAN APPLICATION Department of Planning and Development Use only. Date application received: 4-7 Application # fk� Fees received: W J `J Initials: 1. Project Title: 2. Location of Property (street address) 3 0 5 Property Owner: Address: RUTHERFORD CROSSING TAX PARCEL 43-A-100 RUTHERFOR FARM, LLC 112 NORTH CAMERON STREET WINCHESTER, VA 22601 Telephone: (540) 662-0323 Applicant/Agent NV RETAIL Address 8230 LEESBURG PIKE, SUITE 500 VIENNA, VA 22182 C/O JACK WAGHORN Telephone: (703) 448-4311 Designer: BURY + PARTNERS Address: 3810 CONCORD PARKWAY, SUITE 1000 CHANTILLY, VA 20151 Telephone: (703) 968-9090 Contact: KEVIN PULLEN 6 R LJ • 6a. Is this a standard or 'minor' site plan? 6b. Is this an original or revised site plan? 7a. Total acreage of parcel to be developed 7b. Total acreage of parcel 8. Property Information: a) Property Identification Number: b) Current Zoning: c) Present Use: d) Proposed Use: e) Adjoining Property Use(s) f) Adjoining Property Identification Number(s) g) Magisterial District(s) Standard Original _X_ 58.352 ACRES. 58.352 ACRES 43-A-100 Minor Revised VACANT RETAIL VACANT TAX PARCELS 43-A-98, 43-A-99, 43-A-111 STONEWALL MAGISTRIAL DISTRICT I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signatu Date: 7 14 I i • I Mr. Randy L. Kepler Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 January 29, 2007 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE: Hiatt Run Drainage Analysis Related to the Proposed Rutherford Crossing Project Addendum #1, Revision Dated January 26, 2007 Frederick County, Virginia Dear Randy: We received the revised addendum #1 drainage analysis dated January 26, 2007. For the most part, this analysis has addressed our previous review continents related to the proposed rezoning for the Rutherford Crossing development. However, there are a few important issues that need to be resolved at the time of the site plan submittal and prior to issuance of a land disturbance permit. The analysis included in the revised addendum #1 was expanded to include stream cross - sections on private property located downstream of the proposed development. In essence, the analysis concluded that the ten (10)-year storm would overtop the existing channel sections. Therefore, remedial measures would be required to provide an adequate channel section. The report recommends improving approximately 220 feet of channel length. We recommend that the actual scope of the improvements be determined during the design phase of the detailed site plan. We further recommend that the channel improvements be applied between Sections 6 and 8 as required to prevent the ten (10)-year storm from overtopping the banks. This action will also prevent the flooding of the adjacent dwelling. Attachment 115 may have to be modified to .reflect this requirement. We recommend that an agreement be established between the developer and private landowner prior to issuing a land disturbance permit. This agreement shall include the limits of disturbance, methods of construction and any other issues that may be required to ensure that no damage is done to existing structures, property or vegetation deemed worthy of preservation by the property owner. For example, blasting may not be permitted by the landowner. Therefore, a 107 North Kent Street • Winchester, Virginia 22601-5000 � . • 3 1 2007 Hiatt Run Drainage Analysis Page 2 January 29, 2007 pneumatic hammer would be required for rock removal. The reference to adequate outfall as allowed by the Virginia State Code 4VAC50-30-40. Minimum standards. (19.b.) assumes that the channel downstream of the development is a natural chat- iel. However, the private landowner has indicated that this channel has been modified in several locations to improve the hydraulics. Therefore, we conclude that Greenway's previous assumption that the channel must accommodate the ten (10)-storm without overtopping the banks remains valid. We concur with your final statement on page 8 which states that "the engineer responsible for completion of the detailed channel improvement design shall complete their own calculations to confirm channel capacity and stability." This effort may include establishing additional cross - sections between Sections 7 and 8. The design engineer should also coordinate the development of the channel improvements with the private landowner. This coordination and channel improvements should be reflected in the agreement between the developer and landowner. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, I-IarveY � Strawsnyder, Jr., P.E. Director of Public Works I-IES/rls cc: Candice Perkins, P1arming and Development file CAProgram Files\WordPerfect Office X3\Rhonda\'I'CM1II'CObINIGN7'S\hiath•ontirainanalysis rutherfm•derossingcom.wpd 0 0 Request For Site Plan Comments Department of Plannina and Develoament Mail to: Hand deliver to: Department of Planning and Development 107 N. Kent Street Attn: County Planner North Building, 2nd Floor 107 North Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. Applicant's Name: BURY + PARTNERS C/O KEVIN PULLEN Address: 3810 CONCORD PARKWAY, SUITE 1000 CHANTILLY, VA 20151 Phone Number: (703) 968-9090 Name of development and/or description of the request: RUTHERFORD CROSSING Location of property: TAX PARCEL 43-A-100 Planning and Development's Comments: Planning and Development use only Date received Date revision received Date approved Incomplete Incomplete Date reviewed Date reviewed Signature and Date Signature and Date (revision) 15 L1 P Bury ---Partners Consulting Engineers and Surveyors rr_3 1 3 2001 Letter of Transmittal • Bury+Partners, Inc. 3810 Concorde Parkway Suite #1000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax To: Candice Perkins Project No.: 20225-02 Company: Department of Planning and Development Date: 02-13-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Site Plan I" Submission Rl Delivery ❑ Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Desctiptionofhem (s) 2 copies Rutherford Crossing Site Plan 1 copy Site Plan Application 1 Fee check for $7,800.00 (check #10060) 1 copy Rutherford Crossing Boundary Lim Adjustment Plat (for information only) -- Notes — Ms. Perkins, If you have a questions please do not hesitate to contact me. — Kevin Pullen CONFIDENTIALITY NOTE: This transmittal may contain privileged and confidential information and is intended solely for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the person responsible for delivering the enclosed item to the intended recipient, you are hereby notifhed that any dissemination or copying of this item or any of its attachment(s) is strictly prohibited. If you have received this item in error, please immediately notify the sending individual or entity. F F B 1 3 2007 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LIKE TO IM VE COMPLETED. INITIALS DATE & TIME Candice - 5 lo Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: vo u S - c)oO Ste- 3 52 1 goo = Received by Clerical Staff (Date & Time): ?so �1-2,(O U:\Pam\Common\Document Approval Form.wpd am and Smudge Free Printing Jse Av�gryyla MP n'T.E 5161'� Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 MI-. N/larty Snlith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mi-. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mi-. Marty Snlith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mi-. Marty Smith Bury + Partners _ 3810 Concord Parkway,_SVlj�PJ A-aajsagau-rM Chantilly,.Vlrglnia 20151 • la s:vlavra VZZ �lrTrf �a7VT7 a`�P.T13E`1 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 �hantilly, Virginia 20151 1vir. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 www.avery.com AVE]�11(O 51610 1-800-GO-AVERY Mr. Marty Snlith Bury + Partners 381.0 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Sllllth Bury + Partnel•S 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr, Marty Snlith Bury + Partllel•S 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Snlith Bury d- Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 Mr. Marty Smith Bury + Partlers 3810 Coc cord Pal•kway, Suite 1000 Chantilly Virgini,120151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly Virginia 20151 Mr. Marty Smith BLlry + Partners 3810 Concord Parkway, Suite ' 000 Chantilly \,irginia 20151 Mr. Marty Smith Bury + Partners 3810 Concord Parkway, Suite 1000 Chantilly, Virginia 20151 AM:IAV-On-008-L (zL9LS 1!aege6 al zosili4n