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HomeMy WebLinkAbout15-09 NW Works, Inc. - Office, Manufacturing, WHSE - Back Creek - Backfile (2)SITE PLAN TRACKING SHEET Comment Sheets: GIS VDOT Sanitation Authority Winchester _ Inspections Stephens Cite Public Works Middletown _ Parks & Rec Airport One copy of Site Plan application form Payment of site plan review fee ✓ One reproducible copy of Site Plan OPEN FILE: �4 File Opened a Q Reference Manual updated/number assigned a D-base updated Application Action Summary updated CLOSE FILE: Approved (or denied) letter mailed to applicant/copy to file and cc's Q o File stamped "approved", "denied" or "withdrawn" p Reference Manual updated p D-base updated �J Application Action Summary updated Sys ID 4 ' c- 0 Y �m 0 oco N Q Y CV Cc Q o o Q O CV r DATE�U� NO. 10 RECEIVED FROMv �N o WQ S1 ADDRESS 11U�.� �^n`��� 1� t�LiD WGMC��S�� i-li W �11n 0o Li1�Ci��e.+n�; ,Lo;�l� kU;1_1 t�D 0 R S $3`��l�.L" ❑ FOR Cl FOR Will AMT. OF CASH ACCOUNT AMT. PAID Yj p2O ; -�� CHECK BALANCE MONEY DUE ORDER �'7 �5 ^ A __ I 1 � C. L.1�' /�.� i✓� BY 1� 0 C� t ' GREENWAY ENGINEERING, Inn. �`-'`�'' 1 �! A�`imh•!lill lane 1Y111chc.Icr, Virginia 22602 Novcmhcr 19, 2009 County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Attn: Candice Perkins, AICP, Senior Planner I✓mail: �rrkinsC-co.frcderick.va.us Re: NW Works, Inc — Site Plan Plan Withdrawal Request Dear Ms. Perkins: On behalf of our client, NW Works, Inc., we are requesting the %vithdrawal of the site plan review for the new NW Works project located on Shady Ehn Road anti identified as Tax Map 075-A-I F. This plan application was Previously submitted to your office on April 1, 2009 along with the application review fee check for $3,820.00. You can send this fee check directly to NW Works or to our office and we kvill forward to NW Works. Thank you for your assistance with [his project. Contact Lis with any questions or need for additional information. Sincerely, Greenway Engineering. Inc. Jeremy Tweedie. Project Manager Cc: Renny Manuel — Winchester Airport Jeff Ncal — Frederick County Fire Marshal Mau Smith — VDOT John Trenary — Frederick County Inspections John Whitacre — FCSA ,foe Wilder— Frederick County Public Works John Brauer — NW Works 1:ngineers Slirve,:c3r5 Planners hivimmm-moil Scienlists ii•lephone 540.662-418; I'AX 5.10-722-95-`8 %Ywv.'.grccnwayeIIg.com Pile #5197/JNT/d1m 1 cu�0�(1 no+ � ,-�r\cl-ccl. w I IIzo►o) i E October 26, 2009 15-09; NW Works 1. Monetary Proffers (Proffer 1), payable before the first building permit: a. $5,000 for F&R b. $2,500 for the Sheriff c. $2,500 for general government d. $250,000 for transportation — prior to the first C/O 2. Monetary Proffer— Historic Resources (Proffer 5.2), payable before the first building permit: a. $5,000 for Star Fort 3. Site Development —Proffer 2: a. Dedication of 40' of ROW along Shady Elm Road b. Widen existing northbound lane of Shady Elm Road to 24' c. Continuous right turn lane along the property frontage 4. Geotechnical Analysis— Proffer 2.4 5. Landscape Buffers, Hiker/Biker Path, ROW — Proffer 3 (This proffer has not timing and therefore needs to be completed prior the first C/O and shown on the site plan): a. Ten foot path along Shady Elm Road b. Densely planted landscape screen along Shady Elm Road (in addition to the site landscaping) 6. The farm market is not a permitted use in the M1— will be considered an accessory retail use. Accessory retailing is limited to 15% of the primary use, not to exceed 2,OOOsf. Agency Comments still needed: Frederick County Inspections Department Frederick County Department of Public Works (County Engineer) Frederick County Fire Marshall Sanitation Authority Health Department Virginia Department of Transportation. r1 April 16, 2009 Mr. Jeremy Tweedie Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 fik Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Re: Review Comments for Site Plan 1115-09; NW Works Property Identification Number (PIN): 75-A-IF Dear Jeremy: 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 Po`ver 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. 2. Rezoning. The rezoning proffers need to be referenced on the coversheet. 3. Project Summary. On the coversheet, revise the proposed setbacks and building heights to show the proposed information. 4. Site Use. The coversheet states that this is an off ce/manufacturing/warehouse facility. NW Works is a vocational school providing training and employment opportunities for adults with disabilities. Revise the coversheet to state that the primary use is a vocational school with office, manufacturing, and warehousing components. Indicate if the site will have a restaurant/ cafe, which will be open to the public. Indicate if the intent is to sell items manufactured on site at this location. 5. Agricultural Uses. The site plan shows a farm market and a community garden. Agricultural uses are not permitted in the M1 Zoning District. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Mr. Jeremy Tweedie • RE: Site Plan 915-09 April 16, 2009 Page 2 6. Proffer 2.1. Indicate if the 40 feet of additional ROW has been accounted for with this site plan. A continuous right turn lane along the frontage of this site also needs to be provided. 7. Proffer 3.1 - Trail. A 10 foot asphalt path needs to be provided along the frontage of the site. Additional sidewalks should be provided to connect the site to the trail. 8. Proffer 3.1 - Landscaping. A landscape screen is required along Shady Elm Road per proffer 3.1 and Exhibit A from the rezoning. This landscape screen is in addition to the required parking lot landscaping, and the parking lot trees need to be redistributed throughout the site. 9. Proffer 4.1. On the coversheet, provide the building materials will be utilized for the facades that face Shady Elm Road. 10. Canopies. Provide the size and height of all areas covered by canopies. 11. Existing House. Indicate if the existing house will remain on the drainfield or will be connected to public utilities. The proposed use is listed as office and storage, indicate if this structure will be used for a corporate retreat site as well as rehabilitation services for the workers. Also, a sidewalk from the parking area needs to be provided to the house in addition to the one via the pavilion. 12. Crosswalks. Provide crosswalks as indicated on sheet 6. 13. Landscaping. On sheet 14, revise the landscaping note to reference § 165-36C instead of § 165-44F. 14. Si na e. If a freestanding sign is proposed with this project, it needs to be shown on sheet 6. 15. Monetary Proffers. Please note that proffers 1.1, 1.2, 1.3 and 5.2 need to be paid before any building permits can be issued for the site. Proffer 1.4 will need to be paid before the occupancy permit can be issued. 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 Insl3ections Depm•tment, the Frederick County Department of Public Works (County Engineer), the Frederick County Fire Marshall, the Sanitation Authority, the Health Department and the Virginia Deparhnent of Transportation. Sincerely, j f Candice E. Perkins, AICP Senior Plarmer cc: NW Works, Inc., 828 Smithfield Avenue, Winchester, VA 22601 CEP/bad Attaclurrent 0 • PROPOSED PROFFER STA'I'E1\11ENT REZONING: RZ. j# 09 '0'7 Rural Areas (RA) to Light Industrial (M1) PROPERTY: 59.7 acres 1/-; Tax Map Parcels 75-A-1 [the "Property"] RECORD OW ER: Venture I of Winchester, LLC APPLICANT: Venture I of Winchester, LLC PROJECT NA1v11✓: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 R-M- rISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1/07; 5/24/07; 6/28/07; 8/1/07; 8/17/07; 9/14/07; 9/19/07; 9/2-1/07; 10/9/07; 11/5/07; 11 /6/07; 11 /15/07; 12/21 /07; 1 /15/08; 2/7/08 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance wid1 tine following conditions, which shall supersede all other proffers that may have been niade poor hereto. In the event that the above referenced M1 conditional rezon ing is not granted as applied for by tine applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of tl,e Property \vit:b " Tnal rezoning" defined as that rezozung WJhich is in effect on the day fo]loWTing the last day upon wlrtch the Frederick County Board of County Supervisors (the "Board") decision granting the rezonal�g may be contested in Il1e appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day folloWnng envy of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following WTlvch the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The teen "Applicant" as referenced herein shall include Within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 revised February 7, 2008 (die "GDP"), and shall include the following: lvlonetaiv Contribution 1.1 The Applicant shall contribute to the County of Frederick tine sum of $5,000.00 for frre and rescue purposes upon' of the first building permit. 1.2 The Applicant shall contribute to die County of Frederick the sum of $2,500.00 for Sherifps office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to tine County of Frederick the surer of $2,500.00 for general government purposes upon issuance of the East building permit. 1 of 5 Projier Statcurent • Arlilleo) Business Center 1.4 The Applicant shall contribute to the County of Frederick the stun of $250,000.00 for the design and/or construction of the future East-West Collector Road or for any other transportation imnprovemnents as deemed necessary by Frederick County and VDOT. Said monetary contribution shall be made within 60 days of issuance of the a-st Certificate of Occupancy for any structure located on the Property. 2. Site Development �. 2.1 The Applicant shall dedicate 40 feet of right of way for Shady Ehn road along the Property frontage as depicted on the GDP prior to issuance of the -first building permit. Additionally, the Applicant shall widen the existing northbound lane to a total width of 24 feet of pavement as tneasurccl:om �e ceneer )time of 511a�1c y lin Road along the Property frontage with Shady Elrxm Road to provide for a continuous frontage with Shady Ehn Road. Direct access to right turn lane along the 1'roperty the Property From Shay Lltn Road shall be ]united to a maximuur of 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane rnarlcing for Ole centerline of Shady Elm Road along tile Property frontage with Shady Elrn Road (See 1 on GDP) 2.2 The Applicant shall design a future East-West Collector Road utilizing an 80 foot right of way as depicted on die GDP from Point: A to Point C, assuming an at grade railroad crossing, as a Rural 4 Lane Divided (MD) cross section prior to issuance of die first Certificate of Occupancy for any structure located on the Property. The Applicant shall then dedicate 80 feet of right of way and construct the ultimate two westbound lanes of the Collector Road for a mnini.rnwn of 1100 feet as sholvn from Point A to Point B on the GDP upon any of the following conditions, whichever occurs first: (See 2 on GDP) Prior to issuance of the fourth building permit for the Property. Prior to the issuance of a building permit for any st:ructurc located in Land Bay 2. o Prior to issuance of a certificate of occupancy for any structrire located in Land Bay I but with associated land area located in Land Bay 2 as depicted by site plan. Upon commencement of a railroad crossing as shown on the GDP for the East-West Collector Road. o Prior to December 31, 2013. 2.2.1 The Applicant shall make available an 80' wide tract of land across Tax Map Parcel 74-A-68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the future extension of die East-West Collector Road. The Applicant shall provide said property at no cost to the County, after: December 31., 2008 and x6dvn 90 days of receiving written request from the County. / 2.2.2 The Applicant sh211 construct a maximurn of two entrances on the portion of V the East-West Collector Road constructed by die Applicant as shown on the GDP. 2of5 Pros r Statement • Arttllety lAtsmess center 2.2.3 Land Bay 2 as shown on the GDP shall have access Via the easternJnost entrance located on the portion of die East -Nest. Collector Road constructed by the Applicant as shown on the GDP. 2.3 The Applicant shall construct an internal access 1:0ad, if necessary to meet the requirements for lot access as identified by SO4A-24C of the Fredcrirk Cortrr�, Code, to serve the Property to Virginia Department of Transportation standards with a minimum p-,n enzent taidih of 26 feet. Q. 1 2.4� t1 geoteclulical analysis shall be prepared and Subll7]tted t0 FrCC1e1JC1C C011llty for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Arca Ratio (FAR). 2.6 .f'he Property shall cont<un a rninirnu.m of three users- upon final build-out- 9-7 No warehouse -distribution facility greater than 260,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.8 Should the County or Others obtain the rights to all at grade railroad crossing for the proposed East-\Xiest Collector Road as identified on the GDP, the Applicant shall Full), fund the design of said at grade crossing. Landscape Buffers Hilcer/Biker Facilities,_& Additional 1Zig111 of Way 3.1 Within the 25 foot parking setback bet%,ecn the proposed fight of ways for Shady Elm Road and the East-West collector: as reclui ed by as 165-27E(5) of the Predenc/ Combo Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, I Applicant shall pJ:oxide a densely planted landscape screen as depicted by Exhibit A as J:evised 1 /15/08 consisting of sttr:eet trees planted 50 feet on center between die proposed right of way and the asphalt trail as well as a double row of evergreen trees Nxddh a minimum density of dh]:ec plants per 10 linear feet and a rrrinunum height of four feet at time of planting located between the proposed trail and any parking areas. 4. Design Standards / 1 Any building far�ade fronting Shade Elrn Road or the proposed East-West Collector s�iAa 1>.e. consructed of one or a combination of the following :cast stone, stone, b-tuck; Architectural block, glass, wood, dry vit or stucco. 14.2� Freestanding business signs shall be limited to one monument style sign per lot that _. shall not exceed 20 feet in height. In addition, the Applicant may construct one nhain entrance/tenant directory sign along eithe]: Shady Ehn Road or the proposed East-XXiest Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Fredoicl Como, ZonirrS Ordinance are made which would limit the size and/or number of signs to a greater extent dean the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the time of issuance of a permit for any sign located on die Property. 3 of 5 Proffer State» rent 0 /1Tft11L'17� jnts!ness uent!'i' I Iistoric Resources 5.1 The Applicant shall complete a survey documenting any hi:;t.oric structures on the Property in general accordance With the guidelines established by the Pr:elirrunary Information Form from the Department of Ilistor:ic Resources. Any documentation created as part of said survey shall be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5 4� t}� it l redericic the sum of 5,000.00 [orThe Applicant shall contzibute to the Count Cpurposes associated -vnth historic Star Fort prior to issuance of the first building Permit. Escalator Clause 6.1 In the event the monetary contributions set for:tr in tic Proffer Statement are paid to the Frederick County Board Counq Supervisors ("Board") will -in 30 months of the approval of this rezoning, as applied for by the Applicant; said contributions shall he in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of thus rezoning shall be adjusted in accordance ,vith the Urban Consumer Price index ("CPI-U") published by t-ic United States Department of Labor, such that at tie time contributions arse paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 rxronths after the approval of this rezoning to, the most recently available CPI-U to the date die contributions arc paid, subject to a cap of 6% per yeas, non -compounded. SIGNTATURE(S) APPEAR ON TILE FOLLOWING PAGE(S) 4 of 5 NZ \0� ••� ��` �' ;;� % !•;fir , DICATION P o F�ohcP • /: + •- `t--' _ — -- _- .- `.l,'\ •� •f� ; ✓,! I/ :.�--- ..—•----' l - - - BUFFER, UHOSt(.QIW, UND .BAY--i j�� (Approx. 28.7 to A i 80' R/I's' DEDICA1IDN�&(�jrox. 30.0 ones) 'CONST•RUCTION OF M.INIMUIJ,' 1 10Q'_ 2 UklgE ROADWAY -x ,1 TM 74—A-68f; FUT{JRE SHADY ELII/}�Ot1T1'f11�C01JI�E�OR RO10 ,0 , ,; , r' � i' (E%ST-'W8T''COLL'ECTOR.ROAD) > >'/ � % rY% �8b;.,R/W -RESERVATION'& Y4D DESIG)d' FR0,1J ;. FUTl1f�E ZAf� OAD C SHADY ELIJ' ROAQ.TO RAILROIG AD r ' I_.. �• •`� -� .) ( i ;... -Q' _ % � '�'/ i � ..._ •% -% t rcf'D/l to Zvi �, I. ., i ' i i 1 ARTILLERY BUSINESS CENTER potion, Harris, Rust & Associotes, pc GCAER/L/TCD DEl ELOPA11FIvT P1AN 117 C. Picodilfy St. P6nchesler, Virginia 27.601 ocb VOICE: (540) 667-2139 FAX: (540) 665-0493 v w a FRED£RlCYt COUNTY, wRcin<<, SHADY ELM ROAD 3' 11EDGEF.01f AS RL'QUIRF.D PER l65-27-T(U)(8) 3 lP6r_'S PLLYSLD 1E!7 !0 !✓ATTAR FEF,T / PARI.7A'C AREA .. ...-.... , .... , • . art :��,-, STRFET TRFFS 50 oN CEA7TV? 40' fell)' DEDICATION ti NOR771YOUA'D LA-ArE PfPR0VUEA'7:5 EA7.5'TIA'G SWAD3' ELM ROAD (40' RlllJ PARICIIJG SE7;YACK (1JlA'flf6ry) NOM .SI•REET TREES AJVD LANDSCAPE SCREEN (3 7REES PER 10 LIA'EAR FGE7) PROVIDED IN ADDI770N TO ANY LANDSCAPING 077IERN7SE REQUIRED RY ORDINANCE :n...yccracsss-.-=-r..���r.-o:carrru na.r:��:: -.:rs •ry�r=,--xu= .:�- :r•�_��s=zze:r-.i•�-c:s�r.�ic� EAST —WEST COLLECTOR ROAD 3' I1SDrEl?GX AS REt7VIRED PFJ7 JG5-C7F.(IJ)(i') 3 TREES PLN:7ED PFR JP L XA 4 R FELT (EVERGREEA) PARKIA'C AREA 3._7� 3�J� JJJ 7J� YJCS 3C33�J J0=- c; go, R/!1' DLDICATIOIAr & ROAD CONSTRUCTION \\_37WEET TREF..S 50' o> r,EjvTFR Al?TIL l_ ERY QUSINESS CEN7-ER \� ' \ ro p Q FREDERICI; COUNn; KRGlNI/i 25' PARKING SETBACK 0011KUX) NOTE., STINET TREES AA'D LANDSCAPE SCREE!)' (3 TREES PER 10 LIA'E'AR F.EE7) PROVIDED IN ADDIIIOA' TO ANY LANDSCAPING OTh'ERlf'ISF, REQUIRED BY ORDINANCE Palton, Harris, Rust & Associoles, pc 117 E. Picodilly St. 1'irinchester, Yirginio 22601 VOICE: (540) 667-2139 FAY,: (540) 66S-0493 0 0 • SITE PLAN APPLICATION Department of Planning quid Development Use Only. Date application received A/�, Application # /6 l ❑ Complete Date of Acceptance ❑ Incomplete Date of return 1. Project Title: 2. Location of Property (street address) 3. Property Owner: Address: Telephone 4. Applicant/Agent Address Telephone 5. Designer: Address: Telephone: Contact: NW Works, Inc. Shady Elm Road NW Works, Inc. 828 Smithfield Avenue Winchester, VA 22601 540-667-0809 Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering, Inc. Same Same Jeremy Tweedie 6 6. Is this an original or revised site plan? Original ® Revised ❑ 7a. Total acreage of parcel to be developed: 8.20 acres 7b. Total acreage of parcel: 17.0 acres 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) 75-A-1 F MI Vacant Office/Manufacturing/Warehouse Vacant, Industrial 75-A-I, 63-A-5, 63-A-4, 63-A-3, 75-A-1 A, 75-A- I D, 75-A-1 E, 75-A-1 R Back Creek I have read the material included in this package and understand what is required by the Frederick C011nty Planning Department. I also understand that all required material will be complete prior to the submission of m site plan. Signature: Date:' //A9 7 Request For Site Plan Comments Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver- to: 107 North Kent Street Fourth Floor Winchester, VA (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: Greenway Engineering Address: 151 Wincly Hill Lane Winchester, Virginia 22602 Phone Number: (540) 662-4185 Name of development and/or description of the request: NW Works, Inc. Location of property: Shady Elm Road 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 (revisi 16 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: NAV Works, Inc. - Site Plan File No: 5197 Date: April 1, 2009 To: FC Planning Attn: Candice Perkins Copied Delivery: F Fed Ex Other_ FJ U.S. Mail From: Jeremy Tweedie/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 FVJ Courier F] Pick Up Urgent r7l For Your Review [—I As You Requested F] Please Comment Message Candice, Attached is the following for your review and comments:: -2 copies of the site plan -Site Plan Application -Application Fee check for $3,820.00 -Planning comment sheet Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received by: Date: Time: Please Print Name: APR I 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 HA PE COMPLETED. INITIALS DATE & TIME Candice �� C(j Z��t M r , Dana Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): t J D Z 9 U:\Pam\Common\Document Approval Form.wpd PROPOSED PROFFER STATEMENT' REZONING:Rz. � o 9 -o'7 Rural Areas (RA) to Light Industrial (1\41) PROPERTY: 58.7 acres T /-; Tax Map Parcels 75-A-1 [the "Property"] r`ECORD OWDER Ventti e I of NV' cbester, LLC APPLICANT: Venture 1 of Winchester, LLC PROJECT NAME: Artillery Business Center ORIGINAL DATE OF PROFFERS: December 26, 2006 REVISION DATE(S): 2/6/07; 3/22/07; 4/3/07; 4/24/07; 5/1 /07; 5/24/07; 6/28/07; 8/17/07-1 9/14/07; 9/1.9/07; 9/21/07; 10/9/07; 11/5/07; 8/1/07; '1 1 /6/07; 11 /15/07; 12/21 /07; 1/15/08; 2/7/08 The undersigned hereby proffers that the use and development of the subject property hich ("Property"), as described above, shall be ' strict conformance �vid1 the follo�tn.ng conditions, above shall supersede all other proffers that may have been rnade prior hereto. In the event that the above referenced MI conditional rezoning is not granted as applied for by the applicant ("Applicant") these proffers shall be deemed vvitbdxa,,vn and shall be null and void. Further, these proffers are contingent upon basal rezoning of the Property xvith "final rezoning" defined as that rezoning which is in effect on the day follo"Xn.ng the last day upon which. the Frederick County Board of. Count}? Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. ns until If the Board's decision is contested, and the Applicant elects not to submit development pla such contest is resolved, the tern rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or., if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The terra "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Artillery Business Center" dated February 6, 2007 re-rised February 7, 2008 (the "GDP"), and shall include the following: Moneta�y Contribution 1.1 The Applicant shall contribute to die County of Frederick the sum of $5,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sw.n of $2,500.00 for Sheriffs office purposes upon issuance of the first building permit 1.3 The Applicant shall contribute to the County of Frederick the sum o£ $2,500.00 for general government purposes upon issuance of the Ernst building permit 1 of 5 t'rojfer S!alernent Arlillery Business Cen[er 1.4 The Applicant shall contribute to the County of Fi:c:derick the sum of $250,000.00 for the design and/or construction of the future East-West Collector Road or for any other transportation unprovements as deemed necessary by Frederick County and '\%DOT. Said monetary contribution shall be made within 60 days of issuance of the fast Certificate of Occupancy for any structure located on die Property. 2. Site Development 2.1. The Applicant shall dedicate 40 feet of right of may for Shady L-hn road along the Property frontage as depicted on the GDP prior to issuance of the first building permit. Additionally, the Applicant shall widen dic existing northbound lane to a total width of 24 feet of pavement as measured from the center line of Shady Elm Road along the Property frontage with Shady Elm Road to provide For a continuous right turn lane along the Property frontage with Shady L='lin Road. Direct access to the Property from Shady Elm Road shall be limited to a maxtrnurn of. 2 entrances as shown on the GDP. The Applicant shall provide a double stripe lane inarkijig for the centerline of Shady Elm Road along the Property frontage with Shady Elm Road (See 1 on GDP) 2.2 �e .Applicant shall design a future East-\Xiest Collector Road u6liz an 80 foot righ f way as depicted on the GDP from Point A to Point C,, ass g an at grade railroa oss.ing, as a Rural 4 Lane Divided (R4D) cross sectio prior to issuance of the fast Ce 5cate of Occupancy for any structure local on die Property. The Applicant shaften dedicate 80 feet of right of way a construct the ultimate two westbound lanes o . le Collector Road for a rn.inx in of 1100 feet as shown from Point A to Point B on e GDP upon any o e following conditions, wlvchever occurs first: (See 2 on GD • Prior to issuance of the fo .. building peravt for the Property. • Prior toZ btul � �g permit for. any structure located in Land Bay 2. • Paor tortificate of o eupancy for any structure• located. inLand Baciated land area ocated in Land Bay 2 as depicted by site • Upo commencement of a railroad crossing as own on the GDP for the st-\�iiest Collector Road. o Prior to December 31, 2013. 2/2.1 The Applicant shall make available an 80' Nvide tract of land across Tax 1\4a.p Parcel 74-A-68 as depicted on the GDP from Point B to Point C in conformance with the road design provided by Proffer 2.2 for the fu.tur.e extension of the East-West Collector. Road. The Applicant shall provide said property at no cost to the County, alter. December 31, 2008 and within 90 days of receiving written request from the County. 2.2 The Applicant shall construct a maa:irnu.m of two entrances on the portion of the East-West Collector Road constructed by the Applicant as sho«,n on the GDP. 2of5 F,•orTen- Slate me,r! �rl:!le,y i;urnress e.,enter 2f/Land Bay 2 as shown on tlae GDP shall have access via the easternmost entrance located on the poruon of the Bast-\Y!cst Collector. Road constructed by the Applicant as shown on the GDP. 2. The Applicant shall construct an internal access road, if. necessary to meet the requirements for lot access as identified by 5144-24C of the Frcdenck C.ounry Code to seLve the Property to Virginia Department of "Fransport2uon standards with a minimum pavement width of 26 feet. 2.4 A geotechnieal analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 2.5 Development of the Property shall not exceed a 0.4 Floor Arca Ratio (FAR). 2.6 The Property shall contain a rniumu.m of three users upon final build -out. 2.7 llo warehouse-cbstilbution facility greater than 200,000 square feet shall be constructed on the Property within 5 years of the Date of Final Rezoning. 2.8 Should the County or others obtain the rights to an at grade railxoad crossing for the proposed East-West Collector Road as identified on the GDP, the Applicant shall fully fund the design of said at grade crossing. 3. Lagdsc ape Buffers Hik-cr/Bilccr Facilities &Additional lti ht of �i!aX 3.1 Within the 25 foot parking setback between the proposed right of ways for Shady Elm Road and the East-West collector as required by S 165-27E(5) of the Frederick, County Code, the Applicant shall construct a 10 foot asphalt trail to Department of Recreation Standards. In addition, the Applicant shall provide a densely planted landscape screen as depicted by Exlvbit A as rc,"ised 1 /15/08 consisting of street trees planted 50 feet on center between the proposed right of way and the asphalt trail as well as a double row of evergreen trees with a rni.nimum density of three plants per 10 linear feet and a minimum height of four feet at Time of planting located between the proposed trail and any parking areas. 4. Desian Standards 4.1 Any building fa4ade fronting Shady Elm Road or the proposed East-West Collector s"-_be constructed of one or a combination of the following : cast stone, stone, ti ci ; architectural block, glass, wood, dry vi.t or stucco. 4.2 Freestand.ing business signs shall be limited to one monument style sign per lot that shall not exceed 20 feet in height. In addition, the Applicant may construct one main entrance/tenant directory sign along either Shady Elm Road or the proposed East_ Vest Collector as a monument style sign that shall not exceed 30 feet in height. If revisions to the Fredcnck County ZoninS Ordinance are made wlvch would limit the size and/or number of signs to a greater. extent than the aforementioned standards, then the Applicant shall conform with the sign ordinance standards in existence at the time of issuance of a permit for any sign located on the Property. 3 of 5 ?rojjer Srateinenl ArimeryGusincss (_enl.er S. Historic Resources 5.1 The Applicant shall complete a sruwey docuanendng any historic stiuctures on the Property* in general accordance �Trit}� th.e guidelines established by the Preliminary Information Form from the Department of Hast:oric Resources. Any documentation created as part of said survey sha0 be provided to Frederick County Planning Staff and shall be completed prior to demolition of any buildings located on the Property. 5.2 The Applicant shall contribute to the County of Frederick the sum of $5,000.00 for purposes associated vaith historic Star Fort prior to issuance of the first building permit. Escalator Clause 6.1 In the e,-ent the monetary contributions set forth in tlhe Proffer. Statement ai:e paid to the Frederick County'Board County Supervisors ("]Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in. the Proffer Statement �vhieh are paid to the ]Board after 30 months following the approval of this rezoning sball be adjusted in accordance with the Urban Consumer Price Index. ("CPI-U") published by the United States Deparunent of Labor., such That at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to. the most recently available CPI-U to the date die contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNIATCiRE(S) APPEAR ON THE FOLLO\VTNG PAGE(S) 4 of 5 0' ROl;D �© Burrm umsV/,pus, �`r k iD' AS°'r�4LJ,1RAt —• ;'.\` I.. r • {• ', `•, -\ -', •` .1Z3 J o UAND .BA1,._ i_ (Apprk 28.7 ocres) 49 df $D P, Vi'-DEDIC/{TiDf\`d �°o J r ( (J'proz. 30.0 ores) _ 'C01�5TRUCTI01' OF 1,11HIMU.M' FUTURE —SHADY ELL{%J?OUTE'"91i C01�I�E�O rim 14'eCTOFZ.-ROAD) -RESEPI+110144) DESIQV FRO,}l' i r` �% \ 1 F TUFF ; kf�f�0/1D S!dADY'rELi.{OAD,TO RAILROAD ( , /C} dSSiNG 1 Jam• 1 J / / O • , � � / i `� -•.... l \ % J % /` J ` i `� •' �,� � i � Q',� �-,•'''�' ` ..... � � ICF�? TO?0/ t�' I ARTILLERY BUSINESS CEIVTER Patton, Harris, Rust 8r Associates, pc G o . Gpi 1p?AL/ZCD OCl/CLOP1WVVT PLAN 117 E. Picoddfy St. Winchester, ;1irginio 22601 � O VDICE (540) 567-7139 FAX: (540) 665-0493 V Q FkEUfRICY, COUA47 SHADY ELM ROAD 3' 11EPCEPOIF AS RFOURED PL7? 165-iic(IlJ(r) _3 ly?EF9 PLa`TED PZW JD IJAW11P PEF F (EI EP. CP..G?5J PARKUdG AREA 01) ® has 7 i1573f14YR41 ry STPL-tT 7REES 50 ON CFA'78'R 40' k/1I' DEDICA77 Y & NORTHBOUND LAllrf L1fP1?0VAIEhN7:5 IPA-15.71AIG SHADY ELM ROAD (40" J019 —25' PARKING SETBACK �d;IA'IL/UIfJ 11N07T::- .57'RE'L'T 7REES AND LANDSCAPE SCRFFN (3 TREES PEP 70 LII,169R PROVIDED lAN ADDITION TO AId3' LANDSCAPING 077IERII7SF R/s'QUIRED BY ORDIIVANCE :rt.:r�:-.i:z:-.s.�••�._r,:o.-sar:z-..•:ucs.:n-_.:._-_:i:: si�.a.c%-s..-^uizi:��.r..¢z^._..—a :vziau^:r_r...=-r:.:.-�an�� «c LAST —WEST COLLECTOR ROAD 3' I:rDCEROW AS PEQUDWV PFR 165-27E0 4e) 3 TP.EES F 1,?L0 PER ID I.IAE/P /ELT (BI'Fi7GPeFAj PARICIANG AREA QTO 70'9;SPHt3L7 TFCA ij Wit 80' R/li• DEDICATION ROAD CONSTP. UCTION SFP.F_F"T TRFF..S 50, ON CFNTFR AR71 L ERY BUSINESS CENTER � . EXHIBIT A (b O C)- �, FRI o"RICK COUNTY. IaRCiNv+ —25" PARKING SETIMCK (AfliNfP1 UAf) !NOTE.. S7WRET TREES AND MADSCAPE SCREEN (3 7Y7EES PER l0 LIIJFAR FFEI) PROVIDED IN ADDITION TO ANY LANDSCAPING 0771FRIKISE REQUIRED BY ORDINANCE Patton, Harris, Rust & Associates, pc 117 E. Picadilly St. Yrmchester, 14rginio 22601 VOICE: (540) 667-2139 FAY,: (540) 665-0493 j't'C j j i:11' :S![ii Ctt � et tl 13171: eryJ321,'i'mesS uemer �Tenture I o'W* chestcr, LLC B1n \ Ll ✓J SPATE OF \TIRGTNLk, AT LARGE PREDERICK COUNTY, To -wit: The' foregoing instrument N�"as acknowledged before me this ��day of (-e ?00% by ci�aE—l�'� My comillission ex pi/nes 4` Notar}' Public /�/ 1 NOTARY BE'_IC----- Common of Virginia � Reg.(;i i5$�J7 rl My Commission [rpires Aug. 31, 201-1 5 of 5