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Home My WebLink About14-06 Rutherford Crossing Retail - Stonewall - Backfile (3)MASTER DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: VDOT County Engineer Fire Marshal City of Winchester ✓ Sanitation Authority - GIS (Mapping) Inspections Dept. Parks & Recreation Health Department r� Winchester Regional Airport One copy of the master development plan application. Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee TRACKING Date 11 �� Application received 7 00 / 0 Fee Paid (amount: $1 1/1 7P " ) Preliminary MDP heard by Planning Commission - Action taken �C - 6 � Preliminary MDP heard by Board of Supervisors - Action taken:��c t� 0-7 Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. 07 Final MDP signed by County Administrator and Planning Director (send two copies to applicant). a �14 Administratively approved; letter sent to applicant. NOTES: DATE: File opened. (° Reference Manual updated/number assigned. LD6 D-base updated. / c�6 List of adjoiners given to staff member for verification. One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. File given to Renee' to update Application Action Summary. CLOSE OUT FILE: Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) ��- o File stamped "approved"/"denied" or "withdrawn." G Reference Manual updated. �7 D-base updated. r 07 File given to Renee' for final update to Application Action Summary. File in file drawer. U 1Cm IkCo-\Trnkrng sheets%TKACK] NG MDP Rev OI11103 0 'J (V m 0 � O U wlC14 DATE `1 i �i -No. 9278 RECEIVED FROM A DRESS - C� , ti w.4lA�ti k. , r� �y! t2 j1C� R Z C � �s-�IUAC.s1 DOLLARS $ �~I, ZO U FOR RENT iy t_1 ( A J FOR ' 1 . atC i Li AMT. OF CASH ACCOUNT AMT. PAID 1i%�, �-� CHECK BALANCE MONEY DUE ORDER 3-A 1L4-A -Il�� BY 7�s,.t • 5��goPO Q�� SITE \N KCINITY MAP SCALE- I" = 3000' APPROVED SY VIRGINIA DEPA 0 OR TA T/ON DA TE FREDERICK WA TER /' D SUB ION ADM/NISTRA TOR DA TE THE A90V£ AND FOREGOING SUBDINSION OWNERS CERTIFICA TE OF LOT 1-B - RUTHERFORD FARM, LLC [P/N 43-A-1OOF� AS APPEARS IN INE ACCOMPANYING PLATS /S WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTFES, lF B ALF OF DATE �, ``oAGE A. Cq�,`.,,• 5TAIF OF 14RG/NAT LARGE N ARY PUBLIC PUBLIC REG.0244591 MY COMMISSION 1 EXPIRES 01/31/2020 2 ,4[�1, COUNTY OF _ �Lc ___ ___ ': ' •. C� IH OREGOING INS UMENT WAS ACKNOWLEDGED BEFORE ME THIS DA Y OF 21� • r g, ON BEHALF OF RUTHERFORD FAR , LC. L''•LTH 0.` c k. 41 NOTARY PUBLIC MY COMMISSION EXPIRES -geZvt l HEREBY CERTIFY THA T THE SURVEYOR'S CER77FICA IE PROPERTY [P/N 43-A-100FJ REPRESENTED HEREIN /5 A PORTION OF THE PROPERTY CONVEYED TO RUTHERFORD FARM, LLC BY DEED DATED MARCH 23,, 2005 AND IS SHOWN AS LOT 1-9 ON A PLAT DATED AUGUST 4, 2016, SAID DEED AND PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, WRGIN/A AS INSTRUMENT 050006702 AND INSTRUMENT 160008770, RESPECTI VEL Y. NOTES: 1. BOUNDARY INFORMATION /S BASED ON AN ACTUAL FIELD SURREY COMPLETED IN SEPTEMSER 7, 2017 2 THIS PROPERTY [PIN 43-A- IOOF] IS SUBJECT TO EXISTING EASEMENTS AND ENCUMBRANCES AS RECORDED IN DEED BOOK 700 AT PAGE 875, DEED BOOK 720 AT PAGE 140, INSTRUMENT 070011052, INSTRUMENT 070016050, INSTRUMENT 070016051, INSTRUMENT 080000920, INSTRUMENT 080005730, INSTRUMENT 090002932 AND INSTRUMENT 110005361, INSTRUMENT 160006707 AND INSTRUMENT 170008340. OTHER EASEMENTS OR ENCUMBRANCES, IN ADDI77ON TO THOSE REFERENCED, MA Y EXIST. VARIOUS WA TER EASEMENTS AND A STORM DRAINAGE EASEMENT HA VE BEEN VA CA TED BY DEEDS OF VA CA TION OF EASEMENT RECORDED AS INS 7RUMENT 170008340 AND INSTRUMENT 170006604. LOT 1-B STONEWALL FREDERICK PLA T OF SUBDI VISION'LTH - RUTHERFORD FARM, LLC MAGISTERIAL DISTRICT COUNTY, VIRGINIA OF y j P. Duane Brown Lic. No. 001285 4*D S URA s'-tO DAIF 5EPTFM8ER 7, 2017 CODER SHEET SHEET 1 OF 4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN PHONE (540) STREET - WINCHESTER, VIRGINIA 22601 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com DRAWN BY HBK DWG NAME- I98259-Lot 18-502 J R�0 VA. SEC. RlF. 1621 -- --- MARKET STREET (VAR/ABLE WIDTH R/W) PIN 43-A-100M LOT 1-C PIN 43-A-100F ZONED.• 9-2 LOT 1-8 USE COMMERCIAL ZONED.' 9-2 USE.' VACANT I 3 5.4390 ACRES I PIN 43-A-100 Q LOT 1-A �- 'LIDL US OPERATIONS, LLCM INST. 160006706 ZONED.- B-2 USE VACANT I ' i Ii 11 , °�N�URG EXISTING PROPERTIES PLA T OF SUBDIVISION PIN 43-A-99 C. ROBERT SOLENBERGER, ET ALS INS 08000299J ZONED: M-118-2 USE- VACANT PIN 43C-1-A ROY R. MESSICK DB 259 PG. 568 ZONED: RP USE RESIDENTIAL GRAPHIC SCALE 200' 0 100' 200, 400' 1 inch = 200 ft. LOT 1-B N RUTHERFORD FARM, LLC STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. SEPTEMBER 7, 2017 1 SCALE.• 1 " = 200' 1 SHEET 2 OF 4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL off ice@marshandlegge.com tiTH OF V P. Duane Brown Lic. No. 001285 Serf. 70 ,2orr 9ND sURNS�O DRAWN BY HBI( DWG NAME 108259-Lot 19-502 ' R�0 N 4278;30' E �G 62.55' v N 4278'.30E 277.81' IRS IRS BNF PKS— — — — — 35' BRL PIN 430M LOT I-C o'er I PIN 43-A-100F I ZONED.' 8-2 USE.' COMMERCIAL ;�, I LOT 1-9 ZONED: 8-2 USE VACANT 2.955J ACRES Z i I lRF PKS PKS I N4278'4_0`E 268.85' (TOTAL) PKS _ 47.6>' 2.31.2,3' — — PKS .i-7 — 3066' lRF `HS 3 PKS S 4278:i0` W 32708' —JIRF PIN43-A-100N LOT 1-DhlZONED: B-2 oll�Z.�..� EXIST/NG USE.• VACANT INGRESS -EGRESS 0.8968 ACRES EASEMENT PKS /NST. 160006707 OHS IRS S 4278 184.75' I �- I of PIN 43-A-100 LOT 1-A IRF n I ZONED: 9-2 USE VACANT /RF I I � PIN 43-A-1000 ' ' I I LOT 1-E I ZONED. 8-2 USE VACANT N l a I 1.5869 ACRES I o = I l � 50, I I 1 Lf�Q S s6;¢��"� IRF - IRON ROD FOUND 199, "is., lRS IRF PKF - P-K NAIL FOUND �J DHF - DRILL HOLE FOUND _ 50' BRL IRS - IRON ROD SET I _ — BNS - BRICK NAIL SET BNF - BRICK NAIL FOUND _ — _ DHF BNS BRL - BUILDING RESTRIC1ON LINE C5 AREA SUMMARY LOT 1-13 2.9553 ACRES LOT 1-D 0.8968 ACRES LOT 1-E 1.5869 ACRES TOTAL AREA SUBDIVIDED 5.4390 ACRES SEE SHEET 4 OF 4 FOR LINE AND CURVE TABLES GRAPHIC SCALE 100' 0 50' 100' 200' 1 inch = 100 ft. PLA T OF SUBDIVISION LOT 1—B N RUTHERFORD FARM, LL C STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGIN/A DATE.• SEPTEMBER 7, 2017 1 SCALE.• 1 " = 100' I SHEET 3 OF 4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office®marshandlegge.com TH OF yj � P. Duane Brown Lic. No. 001285 20/7� NSURN��O DRAWN BY HBK DWG NAME I08259-Lot 18-51192 CURIE TABLE CURIE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH DELTA ANGLE TANGENT C1 440.22' 29. JJ' N 49 33626' W 29. JJ' 0,349'04' 14.67' C2 99, 00' IJ 44' N 4,348'14" W IJ 4J' 0746:3.3' 6. 73' C.3 108.00' 14.66' N 4,3'48'14' W 14.65' 0746aJ' 7 T4' C4 15. 00' 2J 56' N 02 4120' W 2421' 90*00'00' 15. 00' C5 2466.00' 88.24' S 4675'19" W 88.2.3' 02VJ'000 44.12' C6 45. 00' 1.08' N 5051;3,3' W 4 08' 01222.3' 0.54' C7 00. 00' 9.26' N 493076" W 9.26' 04n456' 4.6J' C8 24.00' J7.70' S 8778',30" W JJ94' 1 90*00'00' 24.00' C9 .30. 00' 27. 40' S 1579'01 " W 26. 46' 5279 ;58' 14. 74' LINE TABLE LINE BEARING DISTANCE L 1 S 8.32246" W .36.70' L2 N 46 55'18" W J7.20' L,3 N 52 46'00' E 25.00' L4 N 6655:32" W 25.00' L5 N 4741;30" W 9.50' L6 N 472747' W 78 J8' L7 S 59 0220' W 26. 41' L8 S 4129'00" W 2J 49' PLA T OF SUBDIVISION LOT 1—B RUTHERFORD FARM, LL C STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE SEPTEMBER 7, 2017 I I SHEET 4 OF 4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL office®marshandlegge.com 'gyp TH OF Pr o ��' P. Duane Brown Lic. No. 001285 SePf 7,201 9ND SURNS•O DRAWN BY H81( DWG NAME 108259-Lot 18-502 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 14, 2007 Jack Waghorn, President NV Retail 8230 Leesburg Pike, Suite 500 Vienna, VA 22181 RE: Rutherford Crossing Transportation Dear Mr. Waghorn: I appreciated the opportunity to hear the update on the Rutherford Crossing public improvement plans and the signalization study this morning at the VDOT Edinburg Residency. Upon returning to my office, I took a moment to review the proffer statement submitted by you and approved by the Board of Supervisors with the rezoning on January 24, 2007 and wanted to point out a couple items. The proffer for the signalization study (C-1-d) states that the signalization timing analysis will be complete prior to the installation of traffic signals. Obviously this proffer is receiving your attention or you would not have been at the VDOT meeting this morning with the study. However, with the rapid pace at which your road improvements are progressing, it seemed worth pointing out this deadline. I would also point out that the proffer does not have a dollar factor of $25,000.00 that was mentioned this morning and that it includes incurring the cost of actual reconfiguration where warranted by VDOT. I understand from the meeting this morning that the next step will be to meet with myself and Supervisor DeHaven to finish scoping this study and I look forward to hearing from yourself or your representatives to schedule a meeting. 2. The proffer for the Route 11 and Interstate 81 northbound on ramp improvements (C-5) proffers "a 12 foot wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on ramp". It further states that "the improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the property". I point this out because, as is proper, VDOT is instructing you to place tapers within this lane to avoid the FHWA sphere of influence. VDOT must do this because you have yet to receive FHWA approval for the continuous lane. However, as I have heard no mention of the process for receiving FHWA approval being initiated it seemed prudent to point out this obligation and timeline. Based upon site plan approval, that deadline is June 22, 2008. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Jack Waghorn RE: Rutherford Crossing Transportation August 14, 2007 Page 2 Thank you again for the updates of this morning and please contact me if I can be of assistance in addressing any issues you may have as you proceed with the transportation improvements associated with this development. I am available at (540) 665-5651, if you have any questions or items to discuss. Sincerely, 12 John A. Bishop �! Transportation Plamier cc: Jerry Copp — VDOT Lloyd Ingram — VDOT Scott Alexander — VDOT Randy Kepler — Greenway Engineering JAB/bad I A 0 ERICK int Development 540/ 665-5651 FAX: 540/ 665-6395 February 12, 2007 Mr. Kevin Pullen Bury + Partners 3810 Concord Parkway Suite 1000 Chantilly, Virginia 20151 RE: MASTER DEVELOPMENT PLAN #14-06 FOR RUTHERFORD CROSSING Final Master Development Plan Approval, PINS 43-A-98, 99, 100 and 43-A-111 Dear Mr. Pullen: Frederick County administratively approved the above -referenced final master development plan on February 9, 2007. The master development plan is approved for the potential development of 157.02 acres in the B2 (Business General), M1 (Light Industrial) and RA (Rural Areas) Districts within the Stonewall Magisterial District. This site is approved for commercial and industrial land uses as depicted on the plan. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and Martinsburg Pike (Route 11). The Frederick County Board of Supervisors granted staff administrative approval authority on January 24, 2007. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a site plan is required prior to the development of this parcel. I am providing you with three (3) copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, 4 Candice E. Perkins Planner II Enclosures CEP/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor John H. Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rutherford Farm, LLC, Virginia Apple Storage, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth Patrick Barker, EDC 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Bury + Partners Bury+Partners, Inc. 3810 Concorde Parkway Suite #1000 Consulting Engineers and Surveyors Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax Letter of Transmittal FED [7 MO-7 To: Candice Perkins Project No.: 20225-01 Company: Department of Planning and Development Date: 06-07-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Master Development Plan 0 Delivery ❑ Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Description ofItem(s) 5 copy Master Development Plan --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 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. • • Bury + Partner s Consulting Engineers and Surveyors A �" 1 8 2007 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.: 20225-01 company: Department of Planning and Development Date: 01-17-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Master Development Plan ❑ Delivery El Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Desc»ption of Item(s) 1 copy Signed Cowperwood FEMA LPA -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 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. Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That (Name) Cowperwood FEMA, LLC (Phone) (212)_953-0007 (Address) 375 Park Avenue Suite 3701, New York, NY 10152 the owner of all those tracts of parcels of land ("Property") conveyed to it by deed recorded in the Clerk's.Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060020794 on Page , and is described as Parcel: 43 Lot: I I I Block: A Section: Subdivision: does hereby make, constitute and appoint: (Name) Bury+Partners (Phone) (703) 968-9090 (Address) 3810 Concorde Parkway Suite 1000, Chantilly, VA 20151 To act as its true and lawful attorney -in -fact for and in its name, place and stead with full power and Authority it would have if acting directly for the sole purpose (and for no other purpose) of filing the following with respect to the Property: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits 0 Final Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment Except for the sole purpose of filing of the Final Master Development Plan as authorized above, Cowperwood FEMA, LLC's attorney in fact shall have no other authority on behalf of Cowperwood FEMA, LLC, including, without limitation, no authority to offer proffered conditions that are the obligation of Cowperwood FEMA, LLC without the prior written approval of Cowperwood FEMA, LLC. This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I have hereto set my hand this /&�! day of January, 2007. COWPERWOOD FEMA, LLC, a Virginia limited liability company Edward J. Sussi, Senior Vice President State of New York, County of I" C�V t7 %Z_.�-- , To -wit: I, Nanette Brannigan, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument and who is known to me, personally appeared before me and has ac wl-dged the same before me in the jurisdiction aforesaid this -day of January YIETTE BRANNIGAN 0� Y Public, State of New Yi No. 31-4875068 31r":wt� My Commission Expires: 4Qualified in New York Count otary Public Term Lxpires October 27, 201 f 1 , Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 JAN 2 2 2001 Revised January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) REZONING: RZ# 17-06 B-3, Industrial Transition District (22.45± acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-99 (here -in after the "Applicant") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 ("the 2004 Proffer Statement") REVISION DATE: January 17, 2007 ("the 2006 Proffer Statement") Recitals WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, t Aril 5, 2004 Rutherford Crossing Rezoning Greenway Engineering P Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43-((A))-111. Preliminary Matters . A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 17-06 for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-100 from B-3, Industrial Transition District to B-2, Business General District and a 8.55±-acre portion of Tax Parcel 43-((A))-99 from M-1, Light Industrial District to B-2 Business General District, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Overlay District ➢ 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007 (see attached Zoning Exhibit `B"). 2 Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 PROFFER STATEMENT A.) Maximum Building Structure Square Feet Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby proffer that the following land uses shall not be permitted on the B-2, Business General District portion of the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B-2, Business General District portion of the Property) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. 3 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 b.) A traffic signal will be installed by the Applicant when warranted by. VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the. relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing Interstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))=100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-in/right-out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners no later than December 31, 2007. 4 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 . Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) .hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998. (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right-of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located within the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel#43-((A))-99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 5 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), hereby agrees to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((A))-98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 4.) Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43-((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering • Rutherford Crossing April 5, 2004 g Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 5.) Route 11 and.Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel #43-((A))-100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will. construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: 7 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 ➢ The Second Battle of Winchester ➢ The Battle of Rutherford's Farm ➢ The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 2.) Landscaping . The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg, Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" 8 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 E.) Lighting The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees that all building mounted lights and pole -mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. . 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 9 0 0 Greenway Engineering Aprils, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 20t16 Revised November 7, 2006 Revised November 29. 2006 Revised December 21, 20% Revised January 17. 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Rutherford Farm, LLC Date Tax Parcel #43-((A))-100 Commonwealth of Virginia, City/County of rELG To Wit: The foregoing instrument was acknowledged before me this day of v LL 20*y . l,J iL i 4M L% LAIZY,d }2 Notary Public My Commission Expires &6 a; ?/ 2-6 C'_ 10 Greenway Engineering April5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revise! October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: B- c�� c / //,g Virginia Apple Storage, Inc. Date Tax Parcel #43-((A))-98 Commonwealth of Virginia, 1 Cityleounty of �rC d\ 1?A t Y , VA- - -To Wit: The foregoing instrument was acknowledged before me this ] ,day of `a Y) u A r 2006 by D i 0 n 'e )V'Q 1 0 S 11-vftyvan 1. �a v Notary Public My Commission Expires - 2) 0 "1 0 ILL Greenway Engineering April 5, 2004 O'berford Crossing Rezoning Revised September 5, 2006 Revised O=bar 26, 2006 Revises! November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17. 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the Iand rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: C. Robert Solenberger Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/eotzety-of. LYi e 2L �e-�j To Wit; �k The foregoing instrument was acknowledged before me this ,day of tI YN V air . 2006by �' Rd\'0e`(- Ae Y 'Rotary Public My Commission Expires 0\— 2 ()-- a 0 ) . 12 Greenway Engineering April 5, 2004 Rutlnaford Crossing Retuning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the beirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ' 1 J. �L' By: Jo hna Scully, IVDate �� Parcel #43-((A))-99 Commonwealth of Virginia, City/E�of VV i ri r � !6T C I—f 0 To Wit: ti The foregoing instrument was acknowledged before me this l�day of `� 2006 by 011 h S C \X `I t� V * I ` m" Notary Public My Commission Expires 9 3 () -, 0 D 1 13 Greenway Engineering April 5, 2004 Rutherford Crossing Rexoaing Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 1 By: "z' r -�--_ j�ohn B. Schroth Date /Tax Parcel #43-((A))-99 Commonwealth of Virginia, \ r City oun of `21 To Wit: ih The foregoing instrument was acknowledged before me this Ajday of `n U W( I 2006 by : A V\ % - SA X 0� K Nwvv*y� �A-st- Z J Notary Public 4- My Commission Expires CA - 30 —a M 0 14 MASTER DEVELOPMENT PLAN #14-06 RUTHERFORD CROSSING Staff Report for the Board of Supervisors Prepared: January 16, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/06/06 Recommended Denial Board of Supervisors: 01/24/07 Pending LOCATION: The properties are located at the northeast quadrant of Interstate 81 - Exit 317, and Martinsburg Pike intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-98, 43-A-99, 43-A-100 and 43-A-111 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) M1 (Light Industrial) Use: Vacant Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: N/A Ml (Light Industrial) South: RP (Residential Performance) M1 (Light Industrial) RA (Rural Areas) East: RA (Rural Areas) RP (Residential Performance) West: N/A Use: Interstate 81 Use: Vacant Use: Residential Industrial Residential Use: Commercial/Residential Residential Use: Interstate 81 PROPOSED USE: Commercial and Industrial Land Uses MDP #14-06, Rutherford Crossing January 16, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The following comments reflect VDOT comments on both the rezoning and the master development plan submittals: The documentation within the application appears to have significant measurable impact on Routes 11 and I-81. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Rutherford Crossing rezoning application dated October 26, 2006 addresses transportation concerns associated with this request. Under Section C of the Transportation Enhancements, Item #2, Site Access Improvements, the verbiage notes the construction of two full entrances and two right-in/right-out entrances. While it addresses the spacing of the entrances, the documents that were submitted with this rezoning request do not identify the approximate locations. Under Item 3, Right-of-way Reservation: This appears to be a, considerable change from the original rezoning which was titled "Right-of=Way Dedication". VDOT is requesting a reason for the change from dedication to reservation by the applicant. We have concerns with the way the current document is worded. Under Item 6, the Route 11 and Interstate 81 Northbound Off - Ramp Improvements: While we appreciate the applicant agreeing to prepare and process a Limited Access Break Study meeting FHWA and VDOT standards for the relocation of the Interstate 81 Exit 317 northbound off -ramp as well as preparing and processing of the Public Improvement Plan, we feel the proposed $125,000.00 to help construction of this facility falls far short of the monies needed to construct this key component of the transportation improvements in this area. During our meeting with the applicant, the Route 37 and Interstate 81 interchange were identified as a critical part of the County's transportation plan. The identified footprint of this roadway, a portion of which crosses the Rutherford Crossing property, needed to be preserved/dedicated as part of the proffer documents. This request has not been included in the current proffer document. The TIA prepared for this rezoning request did not take into consideration the Omps Property which was rezoned on the east side of Route 11 and will have considerable impact on the level of service at the main entrance to the Rutherford Crossing properties. There were several other anomalies within the study that gives VDOT cause for concern about some of the conclusions that were derived from this study. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth Edition for review. VDOT reserves the right to comment on all site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshal: Plan approval as submitted Frederick County Public Works: Besides eliminating B3 zoned areas from the project, the impact analysis has changed the stormwater management philosophy from onsite detention ponds to discharge to an adequate channel. Consequently, we focused our review on the drainage analysis prepared by Randy Kepler and dated May 22, 2006. Based on our review of the Hiatt Run drainage analysis, we offer the following comments: 1. Verify that the cross- section referenced in the report is representative of the channel cross-section between the Rutherford discharge point and Route 11. 2. Hydrograph No. 9 indicates that the storm flows derived from the Rutherford project are relatively insignificant compared to the total drainage MDP 914-06, Rutherford Cring January 16, 2007 Page 3 from Hiatt Run. Also, this hydrograph indicates that the peak flows from Rutherford occur long before the peak arrives from the total discharge area. This fact should be highlighted in the report summary and serve as the main justification for allowing discharge directly to the receiving stream without onsite detention. This latter conclusion assumes that the receiving channel has an adequate cross-section. 3. Provide a map indicating the location of the channel section used to derive the total time of concentration. Frederick County Sanitation Authority: 1st review - approved Frederick Winchester Service Authority: No comments. Frederick County Inspections Department: Demolition permit shall be required prior to the removal of any existing structures. Establish 100 year flood plain elevation on future site plans. GIS Department: Averell, Rienzi and Ebert are denied use in the Frederick County System — duplications. The roadway in the adjoining property is not Ebert Road, but named Milton Ray Drive. New naives are required. Market Street and Merchant Street have been approved and added into the Frederick County Road Naming and Structure numbering system. Center Street is denied. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Department of Parks and Recreation: No comment Planning & Zonina: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The properties are located at the northeast quadrant of Interstate 81 - Exit 317, and Martinsburg Pike intersection. C) Site History On April 22, 2002 the County rezoned 113 acres from the RA (Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M1 (Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP District to the MDP #14-06, Rutherford Crossing January 16, 2007 Page 4 B2 (Business General) District, rezoned 14.5 acres from the RA District to the B3 (Industrial Transition) District and rezoned all of those 154.4 acres to the IA (Interstate Area Overlay) Zoning District (REZ #07-01). On July 14, 2004 the County rezoned 13.4 acres from the RA (Rural Area) District, the B2 (Business General) District, the B3 (Industrial Transition) District and the M1 (Light Industrial) District to the B2 and B3 Districts (REZ #06-04). This was a reconfiguration of 12.65 acres that were part of Rezoning #07-01, plus the rezoning of .75 adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward to Rezoning #06-04. Since parcel 43-A-I I I (the FEMA site) is not part of the currently proposed rezoning, if rezoning #17-06 is approved the FEMA-Cowperwood property (43-A-111) will not have any proffers associated with it. With Rezoning #17-06 the applicant is requesting that the county rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers which will terminate the proffers from Rezoning #06-04. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide f6r making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). In addition, the Northeast Land Use Plan designates the general area in which the Rutherford Crossing property is located for commercial and industrial land uses. Environment: Hiatt Run flows through the northern portion of the property and contains wetlands and floodplain. These environmental areas are located within the area designated for the Route 37 extension and the planned collector road. This site also contains karst features as indicated on sheet 2 of the MPD. Transportation It is important to realize that there is an interchange for Route 37 proposed on this property. The applicant has shown the proposed right-of-way line on the MDP for this site and has provided language regarding this right-of-way similar to the MDP for the Carroll Industrial Park, which is the adjacent property and shares the other portion of this interchange. MDP #14-06, Rutherford Crossing January 16, 2007 Page 5 Provided Buffers and Screening: This site requires buffering along the adjacent residential properties zoned RP, RA. The B2 portion of the site is required to provide a 50' full screen (three trees per linear feet and a 6' fence or 50' of woodlands) against adjacent residential and the M1 portion of the property is required to provide a 100' full screen against adjacent residential. The site must also buffer its B2 zoned portions from its M1 zoned portions. This buffer consists of a 50' shared landscaped buffer. The applicant has shown these buffers on sheet 3 of the MDP. Waivers: As indicated on sheet 3 of the MDP, the applicant is requesting a wavier of § 144-24C of the Frederick County Subdivision Ordinance. A portion of the commercial area within Rutherford Crossing will utilize a private road, specifically serving the lots that will have access via Market Street. The subdivision ordinance states that all lots must have state road frontage to be subdivided. In order for the proposed commercial lots on Market Street within Rutherford Crossing to be subdivided, the Board of Supervisors would need to grant a waiver of § 144-24C of the Frederick County Subdivision Ordinance. The Planning Commission at their December 6, 2006 meeting recommended denial of this waiver request. Proffers: See Attached Proffers from Rezoning #17-06. It is noted that Rezoning 417- 06 will terminate the proffers associated with Rezoning #06-04 which are the proffers that pertain to the FEIVIA-Cowperwood Property. If Rezoning #17-06 is approved the FEMA-Cowperwood property will have not have any proffers associated witlz it. Issues For the 12106106 Planninm Commission Meetinz: Staff has identified numerous issues that still remain to be addressed. They are as follows: • An interchange for Route 37 is proposed on a portion of this site (see attachment showing engineered plans for Route 37). This proposed ROW line should be shown on the MPD along with text regarding construction within this ROW. This information should be similar to what was provided with the recently reviewed Carroll Industrial Park. • The Building Restrictions Lines (BRL's) have not been labeled as requested. • The zoning district buffer needs to contain a linear measurement as requested. • The FEMA access road needs to be shown on sheets 3 and 5 of the MDP. Interparcel connections from this road should be provided as well. • The location and detail of the required sidewalk along Martinsburg Pike has not been provided. • Concerns from VDOT and the Frederick County Public Works Department have not been addressed. • The proffers associated with Rezoning #17-06 do not apply to the FEMA property which is owned by the Cowperwood Company. This portion of the development is subject to the proffers from Rezoning #06-04 which have not been provided in this MPD. 0 0 MDP #14-06, Rutherford Crossing January 16, 2007 Page 6 STAFF CONCLUSIONS FOR THE 12/06/06 PLANNING COMMISSION MEETING: The preliminary master development plan for Rutherford Crossing depicts appropriate land uses (should rezoning #17-06 be approved) but currently is not consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. While the preliminary master development plan is in accordance with the revised proffers of the rezoning (REZ #17-06), it has not addressed Planning Staff s concerns, VDOT's concerns and Public Works' concerns. All of the issues brought forth by the staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Please note this MPD is in conformance with the rezoning application being heard on the same night as this MDP. If the rezoning for Rutherford Crossing is not recommended for approval or is tabled, then the MDP should follow the same recommendation. Two recommendations are needed from the Planning Commission regarding this MPD application, one for the waiver and another for the MDP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/06/06 MEETING: The staff reported that this master development plan (MDP) was associated with the Rutherford Crossing rezoning application #17-06, which was recommended for denial by the Planning Commission. Staff stated that the proposed MDP contains the FEMA site and shows Route 37. Staff noted that revised Power of Attorney forms will be needed because an incorrect date had been referenced. Issues regarding VDOT and Public Works comments still need to be addressed, as well as the proffers included for Rezoning #06-04, which are associated with the FEMA property. Staff reported that the applicant is requesting a waiver of Section 144-24C of the Frederick County Subdivision Ordinance to allow parcels located on Market Street, a private road, to be subdivided. Therefore, two recommendations are needed from the Commission. The applicant's representative stated they sought to stay in keeping with the general theme of the original road layout. Although the road is not shown in the same geometric design, he said it still has the same right-of-way width and still connects to the adjacent properties in the location previously shown. Members of the Commission stated that it would be inappropriate for the Commission to recommend approval of this MDP, since the associated rezoning application had been recommended for denial. Secondly, it was noted that the road shown on the proposed MDP is not in the same configuration previously proffered, nor is it the same configuration of the major collector road depicted on the County's Eastern Road Plan. There were no public comments. By a majority vote, the Planning Commission recommended denial of the MDP, since it did not reflect existing zoning requirements and also recommended denial of the waiver request of Section 144-24(C) of the Frederick County Code. MDP #14-06, Rutherford Crossing January 16, 2007 Page 7 The majority vote was as follows: YES (TO DENY): Unger, Watts, Manuel, Oates, Thomas, Kriz, Mohn, Wilmot NO: Triplett, Kerr (Note: Commissioners Morris, Light, and Ours were absent from the meeting.) STAFF UPDATE FOR THE 01/24/07 BOARD OF SUPERVISORS MEETING: There were numerous issues presented at the Planning Commission, these issues have been addressed as follows: 1. The right-of-way for Route 37 was not shown on the MDP that was originally submitted with this application. The revised MDP now shows this line and also contains text that addresses the use of this area similar to the MPD for Carroll Industrial Park; this text addresses improvements located within the right-of-way. The revised MPD has addressed staff s comments that pertain to the inclusion of the Route 37 right-of-way. 2. The Building Restriction Lines (BRL's) have been correctly labeled. 3. The FEMA access road has been shown as requested. 4. The sidewalk along Martinsburg has been provided as requested. Issues — the following issues still need to he resolved • The zoning district buffers shown on sheet 3 need to contain a linear measurement as requested. The Zoning Ordinance requires three trees per ten linear feet and the details for these buffers need to show the ten foot measurement. If approval of this plan is authorized by the Board of Supervisors, this MPD will not be administratively approved until this revision has been made. Concerns from VDOT and the Frederick County Public Works Department have not been addressed. STAFF CONCLUSIONS FOR THE 01/24/07 BOARD OF SUPERVISORS MEETING: The preliminary master development plan for Rutherford Crossing depicts appropriate land uses (should rezoning #17-06 be approved) but currently is not consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. While the preliminary master development plan is in accordance with the revised proffers of the rezoning (REZ #17-06), it has not addressed all of Planning Staff s concerns, VDOT's concerns and Public Works' concerns. All of the issues brought forth by the staff and the Board of Supervisors should be appropriately addressed by the applicant. Please note this MPD is in conformance with the rezoning application being heard on the same night as this MDP. If the rezoning for Rutherford Crossing is not approved or is tabled, then the MDP should follow the same recommendation. Two MDP #14-06, Rutherford Crossing 40, January 16, 2007 Page 8 recommendations are needed from the Board of Supervisors regarding this MPD application, one for the waiver and another for the MDP. The applicant is seeking approval of a waiver request to allow lots to be subdivided on a private street and approval authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will Grant staff with administrative approval authority for the final master development plan once all azency comments are addressed. Frederick County, VA Master Development Location in the County Plan # 17 - 06 Application Rutherford Crossing Parcel ID: 43 - A - 98,43 A 99 43 - A - 100, 43 A 111 Map Features UDA Zoning Urban Development Area B1 (Business, Neighborhood District) O Lakes/Ponds B2 (Business, General District) ^— Streams 40 B3 (Business, Industrial Transition District) SWSA 40 EM (Extractive Manufacturing District) C3 Flooplain 40 HE (Higher Education District) = Application 4D M1 (Industrial, Light District) Streets M2 (Industrial, General District) 4%► Primary 40 MH1 (Mobile Home Community District) Secondary 40 MS (Medical Support District) Terc 'R4 (Residential, Planned Community District) ster City Winchee� Winchester — R5 (Residential Recreational Community District) �. Future Rt37 Bypass RAZ (Rural Area Zone) 'may Railroads RP (Residential Performance District) Location in Surrounding Area INDUSTRIAL PARK r'X GARROLL INDIiSTRIAI. PARK MAYNARD Frederick County, VA Master Development Plan # 17 - 06 Application Rutherford Crossing Parcel ID: 43 - A - 98, 43 A 99 43 - A -100, 43 A 111 Location in the County Map Features UDA Long Range Land Use Urban Development Area Rural Community Center fl Lakes/Ponds Residential w- Streams 0�1 Business SWSA ® Industrial (�3 Flooplain ® Institutional Application 1� A pp � Recreation Streets ® Historic 4%► Primary ® Mixed -Use Secondary 0� Planned Unit Development Terciary Winchester City A.r Future Rt37 Bypass 'may Railroads - N' IFam 1 0 Frederick County, VA Master Development Location in the County Map Features UDA Urban Development Area D Lakes/Ponds ^-- Streams SWSA C8 Flooplain Q Application Streets ^► Primary Secondary Terciary Winchester City �. Future Rt37 Bypass '1+ Railroads Plan # 17 - 06 Application Rutherford Crossing Parcel ID: 43 • A • 98, 43 A 99 43-A-100,43 A 111 Location in Surrounding Area C�� Greenway Engineering April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 JA N l._ THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) REZONING: RZ# 17-06 B-3, Industrial Transition District (22.45± acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-100 (here -in after the "Applicant") PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5, 2004 ("the 2004 Proffer Statement") REVISION DATE: December 21, 2006 ("the 2006 Proffer Statement") Recitals WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, 5 L'J'J:' 1 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43-((A))-111. Preliminary Matters A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 17-06 for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-100 from B-3, Industrial Transition District to B-2, Business General District and a 8.55±-acre portion of Tax Parcel 43-((A))-99 from M-1, Light Industrial District to B-2 Business General District, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Overlay District ➢ 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and Joiui B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006 (see attached Zoning Exhibit `B"). Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 PROFFER STATEMENT A.) Maximum Building Structure Square Feet • Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage; Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer that the following land uses shall not be permitted on the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. 3 Greenway Engineering April 5, 2004 0 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT.. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing Interstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant. hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-in/right-out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners no later than December 31, 2007. 4 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 3.) Right of Way Reservation a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said.request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare a right-of-way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43-((A))-99), hereby agree to dedicate for the benefit of Frederick County the land located within the 350-foot wide Route 37 corridor on Tax Parcel #43-((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby agree to reserve for the benefit of Frederick County the land located outside of the 350-foot wide Route 37 corridor on Tax Parcel #43- ((A))-99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006 for future financial compensation. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A))-99 proposed for dedication and/or reservation not being needed, then the land not needed shall be released from the dedication and/or reservation specified above. 5 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 4.) Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to coordinate, dedicate, and. construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43-((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated December 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described -in - this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated December 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate. 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 0 Greenway Engineering April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping.. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: ➢ The Second Battle of Winchester ➢ The Battle of Rutherford's Farm ➢ The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 7 Greenway Engineering • 2.) Landscaping April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 • Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98); C. Robert Solenberger, John S. Scully' IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" E.) Lighting The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby agrees that all building mounted lights and pole -mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. Greenway Engineering April 5, 2004 a Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((A))-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43-((A))-98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43-((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Greenway Engineering 0 Signatures tures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: i #43-((A))Z100 wealth of Virginia, CitjZQoun of �Sr 2�aC. To Wit: The foregoing instrument was acknowledged before me this OYOA day of '5?,Vo-. 2, r4 2GKby 7`Z• 64- �LO Z�r f\ �• l v Notary Public My Commission Expires�s.�100 10 Greenway Engineering 0 Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 24, 2006 Revised December 21, 2006 iRutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By;ao_� Acz-gilts l:9-1a9L, Virginia Apple Storage, Inc. Date Tax Parcel 943-((A))-98 Commonwealth of Virginia, GWCounty of To Wit: The foregoing instrument was acknowledged before me this ,ZLday of 2006by Notary Public My Commission Expires 3 - 31' O F 11 Greenway Engineering • Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 0 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: C. Robert Solenberger Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/GMnty of / //12To Wit: The foregoing instrument was acknowledged before me this " / day of a, h- 2006 by Notary Public My Commission Expires 3 - 3 d ff 12 Greenway Engineering 0 Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Ofvner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: / ` / / _ Jo S. Scully, IV Date Tax Parcel #43-((A))-99 Commonwealth of Virginia, City/Gewity of CU To Wit: The foregoing instrument was acknowledged before me this —W day of� 2006 by My Commission Expires 3-3/—OeK Notary Public 13 Greenway Engineering I* Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 2I, 2006 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions; the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: C.L-1— 4hn B. Schroth Date o ax Parcel #43-((A))-99 Commonwealth of Virginia, City/GMnty of �✓ e�� To Wit: The foregoing instrument was acknowledged before me this %day of �-�.- 2006 by My Commission Expires 3 U a, 2,�_ - l Notary Public 14 AREA TABULATIONS ZONING AREA M-1 85.26 AC. B-2 28.66 AC. 1 B 3 22.46 ��a la0O TOTAL AREA = 136.38 AC. // C6 S75'36'08"E 58,19' N31' E 105 '057.31' S41'32'25"E j 194.39' � C7 mmmLf3, .1 76'38'50"W 87.67' M-1 66A5 AQ I ^ I A TAX MAP # 43 A 98 TAX MAP # 43 A 99 2 1 VIRGINIA APPLE STORAGE, INC. ' C. ROBERT SOLENBERGER, �' m JOHN B. SCHROTH AND m1u JOHN S. SCULLY, IV TAX MAP # 43 A 100 C. ROBERT SOLENBERGER, �2 JOHN B. SCHROTH AND JOHN S. SCULLY, IV B-3 2156 AQ X / C4 S ` Nky. N336'12"W / \ h1q. f 3j0¢ 0" ' /236.59 rr r s N4T55'36 ZZ_270.92' // ft imik CURVE TABLE 1.56� C5 N35'45'51'W =22.0�'�_��'� B-2 2&66 AQ � I I I IN29'45'52"W 79.86' 60' R-O-I I I I I L� . � -'' p0T01M� EDISON C� TAX MAP 43 A 99 C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV n 111 1-m-0i ,.��- - MWER1 DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 20'57'23' 2252,00' 623.69 416,50' 619,11' N 50'20'03' E C2 29'18'43' 1321.72' 676.18 345.66' 668.83' S 15'56'51' E C3 1'28'32' 5629.58' 144.97 72,49' 144.97' S 00'33'13' E C4 94'51'02' 380.00' 629.07 413.61' 559.66' S 11'39'40' W C5 17*36123' 1000.00' 1 307.29 1 154.87' 306.08' N 50'17'00' E C6 6'15'12' 5629.58' 1 614.43 1 307.52' 614.12' S 04'13'45' W C7 1 12'53'54' 5629.58' 1 1267.32 1 636.35'1 1264.65' S 18'33'51' W M-1 29.81 AQ S2T54'00'W W 47.83' \ 527.54 p0"'N �i25 ------ TAX MAP # 43 A 111 C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV 2 v crY� C9 yz LL< m Z �¢ coa= Z ' Q Q W N z co o Q o cq cc cl) W n Z H Y 2 30 j Z NW z LL 6 � O O 't w d 0- a o m H Y N II � > n a O n Z Z J d w CV W = T cn LL_ 0 AREA TABULATIONS ZONING AREA M-1 79.03 AC. B-2 59.65 AC. TOTAL AREA = 138.68 AC X c I RT. 37 R-O-W j RESERVATION i GS N44_p_8' 1 194.39' "E �21 vv RIGHT-OF-WAY NO RE SERVATIO 1� N76-38'S0"W / I 87.67' / TAX MAP a 43 A 98 M-1 ' VIRGINIA APPLE STORAGE TAX MAP 43 A 99 INSTRUMENT 200411262 55.45 AC. R013ERT SOLENBERGER, VOOT �c. JOHN B. SCHROTH AND RIGHT-OF-WAY 542'18'30"W JOHN S. SCULLY, IV _ RESERVATION 1895.361 INSTRUMENT 040017164 60' R-O-W 1 A N42'1 57.31 / - 2 123.58 AC. N4 ,E=30"� N 30'3fi�X`L /" 1057.31' TAX MAP y� 43 A 100 I I _ _ i957.58'� o S27 6.5 RUTHERFORD FARM. LLC �1 N42 18' o � 290. • INSTRUMENT 050006702 _�_` m- / — --3 22Z— -----° \ N4T55'3G."l�l \ I ,270.92' 1 is l'I IRVF TAR[ F PG_�` I 59.65 AC. ED N a - D.B 44 � 50 N71 co N42'18'30"E py-\ 381.71 TAX MAP ly 43 A 99 > C. ROBERT SOLENBERGER, ' O1• r�� rn1 N JOHN B. SCHROTH AND i \ Ao JOHN S. SCULLY, IV INSTRUMENT 040017164 \ S38'01'07"W 99 963 47' F5 I N U \C3 u N J A FEMA OPER LINE 52"W- 9.86' I 1 N MBER DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 1'28'32" 5629.58' 144.97 72.49' 144.97' S 00'33'13" E C2 29'18'43" 1321.72' 676.18 345.66' 668.83' S 15'56'51" E C3 20'57'23" 2252.00' 823.69 416.50' 819.11' N 50'20'03" E C4 6' 15' 12" 5629.58' 614.43 307.52' 614.12' S 04' 13'45" W C5 12'53'54" 1 5629.58' 1 1267.32 1 636.35' 1264.65' 1 S 18-33'51" W C6 1 43'58'47" 1 500.00' 1 383.80 1 201.91' 374.44' N 49-07'26" E '^ N V/ L O �o cn oo m m RT. 37 m C, MAINLINE }C%. 0 CORRIDOR ^ y R-O-W aLi >;,; i' DEDICATION cz o v $ a m — + z m c ZI o c X U chi V E M W 52T54'00"W 47.83' 0 Z AS PROVIDED m Z Z BY co co FREDERICK ODEPARTME TING m O < ' U 2 N W p CC w c� 0 u-Z O (6) 0_ 3 0 = OZ LLI N CL 0 j cc N 400 200 0 400 800 1200 GRAPHICAL SCALE: I" = 400' O 11 N O 0_ N d w 0- 0- 0_ O I U a n o w v Z 6 O N LLI = N G7 LL_ O AREA TABULATIONS ZONING AREA M-1 85.26 AC. B-2 28.66 AC. B-3 22.46 AC. S41'32'25"E 194.39' C7 N44'08' 18"E 1211.21' SN N76'38'50"W TOTAL AREA = 136.38 AC. /� /j �,�>�'�ti/� Z�,d87.67' M-1 i 55r45 AC. co V TAX MAP # 43 A 99 TAX MAP #i; 43 A 98 I C. ROBERT SOLENBERGER, c C6 JOHN S. SCULLY, IV VIRGINIA APPLE STORAGE, INC. JOHN B. SCHROTH AND core' w // S75'36'08"E 58.19' S42' 18'30"W S27'54'00"W 1895.36' 47.83' S42' 18'29 "W 3 N42'18'30' E 1285.15' 1057.31' 60 R-O-W 1 N42*18'30"E TAX NAP # 43 A 100 1 1957.08' 0„w / r / ROBERT SO NB�RGLF. c F_R, I 52 JOHN B. SCHROTH AND cn I 1077-g3 �2 JOHN S. SCULLY, ! V U' 174 oN co = _ — — 22.66 AC. �.'� N5 m C4 .,�POTo""Ac Eels,-- N 36 12 W �' I /236.59' �g9 S82 2 56 C5 FAX MAP #. 43 A 99 TAX MAP 43 A 111 I N35'45'51 "W — C. ROB EF2T SOLENBERGER, C. ROBERT SOLENBERGER, 22.02- JOHN B. SCHROTH AND cr �Ln JOHN B. SCHROTH AND JOHN S. SCULLY, IV cn JOHN S. SCULLY, IV N47'55'36'' Lp M-1 B-2 29.81 AC. 28.66 AC. m / S67. _E'o 962533•� X. 1 S38'01'07"W _ 99' 963 47' I N2979.86' W 0000 CURVE TABLE \� \ NUMBERI DELTA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 20°57'23" 2252.00' 823.69 416,50' 819.11, N 50°20'03" E C2 29°18'43" 1321,72' 676.18 345.66' 668.83' S 15°56'51" E C3 1928'32" 5629,58' 144.97 72.49' 144.97' S 00°33'13" E C4 94°51'02" 380,00' 629.07 413.61' 559.66' S 11°39'40" W C5 17°36'23" 1000.00, 307.29 154.87' 306,08' N 50°17'00" E C6 6°15'12" 5629.58' 614.43 307.52' 614.12' S 04°13'45" W C7 12°53'54" 5629.58' 1267.32 636,35' 1264.65' S 18°33'51" W 2 LL cc O LL cc D cc Y cr. ~ aco 2 Q W �a Z � co Z N V � � z Z o a ZO a> N � cl)z Q O Z g c� CD Q U Q � o X w w LV p cr LL O O O O N � O N O N 4- W a_ Y ON m F- II � W > � 6 p _0 T z z U O C N o c L o (A C, 0 0 U , d w N W O AREA TABULATIONS ZONING AREA M-1 79.03 AC. S7 B-2 59.65 AC. TOTAL AREA = 138.68 AC / N 30' 3 6r'i1"L5" N42' 18'30" E' 1057.31' B-2 59.65 AC. RT. 37 R-O-W RESERVATION N44'08'18"E / / 594.39' 5 E 121 1.2 1' I A�l 58.19' ��= VDOT RIGHT-OF-WAY RESERVATIO 21 �� N76'38'50"W / 51 87.67' TAX MAP # 43 A 98 M-1 VIRGINIA APPLE STORAGE / INSTRUMENT 200411262 55,45 AC, VDOT RIGHT-OF-WAY S42'18'30"W RESERVATION 1895.36'\ TAX MAP # 43 A 99 C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV INSTRUMENT 040017164 S42' 18'29 1 285.1 5' I j 123.58 AC. N42;is 3e E' TAX MAP # 43 A 100 1 ! "f-957 5Z'— `c4 RUTHERFORD FARM, LLC N42 18' �— < INSTRUMENT 050006702 2 21 — — — — — — PG. 74 i B 49 C6 _ rn ' � z S27.54 00"W w 290.28 _ �Ep150N N71'06'49"E FEMA �PpTOMAO� �� I I194.41' PROPER N27'08'0E LINE -- —�� 69.59' RT. 37 MAINLINE CORRIDOR R-O-W DEDICATION J S27'54'00"W 47.83' RT. 37 ALIGNMENT AS PROVIDED BY FREDERICK COUNTY PLANNING DEPARTMENT / N 4 / JJ Jovr - — — / Z I ' 270.92 N42— E J / co � 381. T N D (. TAX MAP # 43 A 99 rn CA � C. ROBERT SOLENBERGER, acoI N JOHN B. SCHROTH AND JOHN S. SCULLY, IV INSTRUMENT 040017164 \\ S672S3 \I i m S38'01'07"W 962 993'lv I 963 47' cn C4 ,C3 � N �1 o ' II m _ — N29 '52"W 79.86' CURVE TABLE - 1 NUMBER DEI TA RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 1'28'32" 5629.58' 144.97 72.49' 144.97' S 00'33'13" E C2 29' 18'43" 1321.72' 676.18 345.66' 668.83' S 15'56'51 " E 400 200 0 400 800 1200 C3 20'57'23" 2252.00' 823.69 416.50' 819.11' N 50'20'03" E C4 6' 15' 12" 5629.58' 614.43 307.52' 614.12' S 04' 13'45" W GRAPHICAL SCALE: 1 " = 400' C5 12'53'54" 5629.58' 1267.32 636.35' 1264.65' S 18'33'51 " W C6 43'58'47" 500.00' 383.80 201.91' 374.44' N 49'07'26" E Z U c/) _I 1= R m z Z N a> C� OLL m = 0 W Z O N � Cn (L O a a W o N O U w LL cD o o p O N cV Llj Q_ Y 0_ a- I— O N N Q 3 0 u N (n � O 0 U 0- Li- N W = N (/) L O Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received Complete. Date of acceptance. Incomplete. Date of return. 1. Project Title: RUTHERFORD CROSSING Application # /4-0� 2. Owner's Name: RUTHERFORD FARM, LLC VIRGINIA APPLE STORAGE, inc. C.ROBERTSOLENBERGER THE COWPERWOOD COMPANY (Please list the names of all owners or parties in interest) 3. Applicant: BURY + PARTNERS FOR RUTHERFORD FARM, LLC Address: 112 NORTH CAMERON STREET WINCHESTER, VA 22601 Phone Number: 540-662-0323 4. Design Company: BURY + PARTNERS Address: 3810 CONCORD PARKWAY SUITE 1000 CHANTILLY, VA 20151 Phone Number: 703-968-9090 Contact Name: KEVIN PULLEN Page 11 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: TAX PARCELS 43-A-98, 43-A-99, 43-A-100, 43-A-111 6. 7. Total Acreage: 138.68 ACRES Properly Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Uses: 43-A-98, 43-A-99, 43-A-100 M1, B2, RA VACANT RETAIL e) Adjoining Property Information: Property Identification Numbers North REFER TO SHEET 3 South REFER TO SHEET 3 East REFER TO SHEET 3 West REFER TO SHEET 3 fl Magisterial District: 8. Is this an original or amended Master Development Plan? Original _ Amended X Property Uses STONEWALL I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: d f� Page 12 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Virginia Apple Storage, Inc (Phone) (540) 667-4273 (Address) PO Box 3103 Winchester, VA 22604 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. 040011262 on Page and is described as Parcel: 43 Lot: 98 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. e In witness thereof, I (we) have hereto set my (our) hand and seal this q day ofJUd�200L, Signature(s) State of Virginia, City/ unt of icTo-wit: L. e5sica , � , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who sigried.to tise foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this C day offj! 200�_. n'�XeP� Cay91Y11iSS►o�1P� SSILct ��1%�� My Commission Expires: i Inb?r 5�' -QZDR Noinry'Putfiic ` a Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia,107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That (Name) Cowperwood FEMA, LLC (Phone) (212) 953-0007 (Address) 375 Park Avenue, Suite 3701, New York, NY 10152 the owner of all those tracts of parcels of land ("Properly") conveyed to it by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060020794 on Page , and is described as Parcel: 43 Lot: 111 Block: A_ Section: Subdivision: does hereby make, constitute and appoint: (Name) Bury+Partners (Phone) (703)968-9090 (Address) 3810 Concorde Parkway, Suite 1000, Chantilly, VA 20151 To act as its true and lawful attorney -in -fact for and in its name, place and stead with full power and Authority it would have if acting directly for the sole purpose (and for no other purpose) of filing the following with respect to the Property: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits 0 Final Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment Except for the sole purpose of filing of the Final Master Development Plan as authorized above, Cowperwood FEMA, LLC's attorney in fact shall have no other authority on behalf of Cowperwood FEMA, LLC, including, without limitation, no authority to offer proffered conditions that are the obligation of Cowperwood FEMA, LLC without the prior written approval of Cowperwood FEMA, LLC. This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I have hereto set my hand this day of January, 2007. COWPERWOOD FEMA, LLC, a Virginia limited liability company LE Edward J. Sussi. Senior Vice President State of New York, County of �" C�� To -wit: I, Nanette Brannigan, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument and who is known to me, personally appeared before me andETfE l3RANNIGAIV ac wledged the same before me in the jurisdiction aforesaid this *—day of January�Q public, State of New Y f No, 31-4875068 I My Commission Expires: 10 2-+ 100ualified in New York Gouni otary Public 1 1 lerm pires October 27,201 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) C. Robert Solenberaer (Phone) (540) 667-3390 (Address) PO Box 2368 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040017164 on Page and is described as Parcel: 43 Lot: 99 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. ,,I In witness thereof, I (we) have hereto set my (our) hand and seal this q day ofAij 20O& Signature(s) State of Virginia, City/ unt f Ir To -wit: I, t �='z , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who I ng instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day ofkL 200�i_. My Commission Expires: 1LtYlbti' ',;Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) John S. Scully IV (Phone) (540) 662-0323 (Address) 112 North Cameron Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040017164 on Page , and is described as Parcel: 43 Lot: 99 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness Signature(s) and seal this R4-6 day of N16\1 , 200 42 State of Virginia, Cit County f5lkyy'<; O-wit: 1, Dbnyia, (,'Aeia Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac wledged the same before mein the jurisdiction aforesaid this 04-in day ofgtVewb,"200 My Commission Expires: Fetoorz , Zq�zw8 Notary Public � J Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) John B. Schroth (Phone) (540) 662-0323 (Address) 112 North Cameron Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040017164 on Page , and is described as Parcel: 43 Lot: 99 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto Signature(s) my (our) hand and seal this R day of VAR&POO (o State of Virginia, City Count of VPdeq( wit: I, UVtr1g, L-He_(1 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac wledged a/ the same before me in the jurisdiction aforesaid this 641 day of1� wW00 � . n=/ 1 Q,(,g pJ My Commission Expires: F( hbv tt Zq 0F} Notary Public lo, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Rutherford Farm, LLC (Phone) (703) 448-4307 (Address) 8230 Leesburg Pike, Suite 500, Vienna, VA 22182 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. 050006702 on Page , and is described as Parcel: 43 Lot: 100 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Burv+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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have Signature(s) set my (our) hand and seal this Y-- day ofa , 20Wo State of Virginia, City County f�VC'c M( Co -wit: I,j.yye,L• Md (ISo , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the � • /ebsame before me in the jurisdiction aforesaid this In day of &W O (O G-Vlit�'c, F' `QI�My Commission Expires: Fe(9!9 ct,r 2A ZOOE) Notary Public .� �'I MEMO�— �Nr � • Q t f e� . i Js1 "' .�•�-e � � r Legend — Bury+Partners Drawing File ^ lJ r ^, Rt 37 -Alignment - Buildings M `� OParcel Rt37 - R.O.W. Past vs. New Difference between county and developer ROW (5 acres apprx.) �• 'q Developers depiction of needed Rt37 ROW (14 acres apprx.) Developers reservation w/out compensation for 181 (4 acres apprx.) IIIIII p p g ( pp) `1 Flood lain Inside of Developers R137 Interchange Area 8 acres apprx.) Floodplain / or t r' I ' Bur JAN g 2007 +Partners t P y Consulting Engineers and Surveyors 7a Letter o Transmittal To: Candice Perkins Project No.: 20225-01 Bury+Partners, Inc. 3810 Concorde Parkway Suite 111000 Chantilly, Virginia 20151 703-968-9090 703-968-4866 Fax Company: Department of Planning and Development Date: 01-08-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Master Development Plan ❑ Delivery 0 Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Description of Item(s) 26 copies Rutherford Crossing Master Development Plan W/ signed proffers 1 disk PDF's of Rutherford Crossing MDP —Notes -- Ms. Perkins, If you have any questions please do not hesitate to contact me, at 703-968-9090. — 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 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 � Bury+Partners JA N 9 2007 Consulting Engineers and Surveyors excAa ofLetter of Transmittal To: Candice Perkins Company: Department of Planning and Development Project No.: 20225-01 Bury+Partners, Inc. 3810 Concorde Parkway Suite #1000 Chantilly, Virginia 20151 703-968-9090 703-9684866 Fax Date: 01-08-07 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re: Rutherford Crossing Master Development Plan ❑ Delivery El Overnight ❑ Pick -Up ❑ Courier ❑ Other Quantity Description of Item (s) 26 copies Rutherford Crossing Master Development Plan W/ signed proffers 1 disk PDF's of Rutherford Crossing MDP - Notes - Ms. Perkins, If you have any questions please do not hesitate to contact me, at 703-968-9090. - 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 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. • Greenway Engineering Aril 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 RUTHERFORD CROSSING PROFFER STATEMENT REZONING: RZ# B-3, Industrial Transition District (22.45± acres) and M-1, Light Industrial District (8.55± acres) to B-2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels 43-((A))-98, 43-((A))-99, 43-((A))-100, (here -in after the "Property") RECORD OWNER: Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43-((A))-99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-100 (here -in after the "Applicant") PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters Rutherford Crossing April 5, 2004 November 7, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of a 22.45±-acre portion of Tax Parcel 43-((A))-99 and a 8.55±-acre portion of Tax Parcel 43-((A))-100, and to reconfigure the M-1, Light Industrial District, and B-2, Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts ➢ 79.03±-acres of M-1, Light Industrial District ➢ 59.65±-acres of B-2, Business General District Greenway Engineering • April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Overlay District ➢ 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43-((A))-98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43-((A))-100; and further described by Rezoning Plat Exhibit prepared by Bury+Partners, dated November 2006 (see attached Rezoning Exhibit Plat). PROFFER STATEMENT A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC and the record owners, Virginia Apple Storage, Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer to limit the total building structures to 1,400,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC and the Record Owners, Virginia Apple Storage, Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer that the following land uses shall not be permitted on the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) 2 Greenway Engineering • April 5, 2004 • Rutherford Crossing Rezoning Revised September 51 2006 Revised October 26, 2006 Revised November 7, 2006 C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC, hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation ("VDOT") at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off - ramp at a cross intersection with the existing Interstate 81 northbound on - ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B-2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agrees to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. t Greenway Engineering • April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC, hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right-in/right-out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan prepared by Bury+Partners dated October 24, 2006 no later than December 31, 2007. 3.) Right of Way Reservation a.) The Applicant, Rutherford Farm, LLC hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. This right of way reservation plat shall be prepared by the Applicant and provided to VDOT for signature within 90 days of VDOT permit approval for this improvement. b.) The record owner, Virginia Apple Storage, Inc., hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081-968-F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way reservation plat shall be prepared by the record owner, Virginia Apple Storage, Inc., and provided to VDOT for signature within 90 days of written request by VDOT for said right of way reservation. c.) The record owners, C. Robert Solenberger, John S. Scully, IV and John B. Schroth hereby agree that for a period of five (5) years from the date of the approval of the rezoning, that they will not build upon the tract of land containing 14 acres, more or less, and proposed to be used as part of the construction of the Route 37 bypass in Frederick County; however, any taking of the property will be compensated at fair market value. 4 Greenway Engineering . April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 4.) Comprehensive Plan Road Construction The Applicant, Rutherford Farm, LLC, hereby agrees to coordinate, dedicate, and construct the portion of the major collector road between the primary entrance to the property and the cul-de-sac adjacent to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury+Partners dated November 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, agrees that it will use reasonable commercial effort and diligently pursue the construction to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury+Partners dated November 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B-2, Business General portion of the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B-2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. O T CLTR 5 Greenway Engineering • April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area , which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: ➢ The Second Battle of Winchester ➢ The Battle of Rutherford's Farm ➢ The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association. 2.) Landscaping The Applicant, Rutherford Farm, LLC, hereby agrees to provide a transitional landscape buffer will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury+Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2-3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B-2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC, hereby proffer the naming of their property to: "Rutherford Crossing" 6 .NOT CLT Greenway Engineering • April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 E.) Lighting The Applicant, Rutherford Farm, LLC, hereby agrees that all building mounted lights and pole -mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Si na e 1.) The Applicant, Rutherford Farm, LLC, hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, and the record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and will be subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 7 'VCT CUB V1 �T Greenway Engineering Signatures tures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 • Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: OL Ruthe or arm, LLC Date Commonwealth of Virginia, Cit County f F'reAelll c=--- To Wit: The foregoing instrument was acknowledged before me thise* day of KotlernID6v' 2006 by L-QUer. Preside" - Notary Public My Commission Expires Fe.loryo.L� Zq, 2W6 Greenway Engineering is April 5, 2004 • Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised [November 7, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By:_�/� Virginia Apple torage, Inc. Date Commonwealth of Virginia, Cit ounty f Frier -I JQ To Wit: The foregoing instrument was acknowledged before me this day of �L)ery\ 2006 by PSS r CO, J�I . �✓, l l Not �ublic My Commission Expires I rl.'6AC 9 Greenway Engineering . April 5, 2004 . Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: C. Robert Solenberger Date Commonwealth of Virginia, City/ ount of-YeAerlck To Wit: The foregoing instrument was acknowledged before me this day of Lkmhu 2006 by My Commission Expires _:Pp , Notary P blic 10 11TOT CU?�►,, ,.,,, Greenway Engineering Si ang_tures • April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 0 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John cully, IV Date Commonwealth of Virginia, Cit Count of FredevZci- To wit: The foregoing instrument was acknowledged before me this day of l JmfeiO k 2006 by Jo hyl S - SCL) i Notary Public My Commission Expires FP �j Zq, 2008 Greenway Engineering Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: !� 1118)10(, )on B. Schroth Date Commonwealth of Virginia, City ount f F'iredenik To Wit: The foregoing instrument was acknowledged before me this day of �Joyembe.✓' 2006 by Jy h to a • SChCbf % Notary Public My Commission Expires F-elo►rtlQ.+2t Zq., 2-608 POT CURRENT 12 • • Rutherford Crossing Adjoining Property Owners TAX MAP NUMBER NAME NAME 2 ADDRESS CITY-STATE ZIP ACREAGE ZONING LAND USE DEED BOOK DEED BK.PAGE INST. YEAR INST. NUMBER 43 A 85 C CLAN, LLC 283 EBERT RD WINCHESTER, VA 22603 59.48 M2 4 0 2005 28600 43 A 84 C CLAN, LLC 283 EVERT RD WINCHESTER, VA 22603 11.58 M2 4 0 2005 28600 43 A 90C LEDFORD, WILLIAM M & ALICE C 149 PARSON CT WINCHESTER, VA 22603 3.00 RA 2 0 2001 11990 43 A 112B DEHAVEN NURSERY, INC 2077 MARTINSBURG PIKE WINCHESTER, VA 22603 8.64 RA 2 855 1583 0 0 43 A 94 MOULDEN, HOWARD K. 490 WELLTOWN RD WINCHESTER, VA 22603 0.45 RA 2 442 347 0 0 43 A 111 SOLENBERGER, C ROBERT ETALS 112 N CAMERON ST WINCHESTER, VA 22601 21.00 M1 5 0 2004 17164 43 A 95 W EBBER, BEVERLEY L W EBBER, JOYCE A TRUSTEES 484 WELLTOWN RD WINCHESTER, VA 22603 1.64 RA 2 0 2005 1016 43 A 112A DEHAVEN, CHARLES STUART 2073 MARTINSBURG PIKE WINCHESTER, VA 22603 3.77 RP 2 514 784 0 0 43B 8 11A FLOWERS, MARYA 456 WELLTOWN RD WINCHESTER, VA 22603 0.14 RP 2 659 410 0 0 43B 8 9 BLYE, MICHAEL A. 337 N LOUDOUN ST APT 3 WINCHESTER, VA 22601 0.40 RP 2 663 293 0 0 43B 8 8 MORGAN, RONALD F & ROSEMARIE A 438 WELLTOWN RD WINCHESTER, VA. 22603 0.50 RP 2 830 1798 0 0 43 A 110 RIDDICK, THOMAS E. JR. & JANET 2045 MARTINSBURG PIKE WINCHESTER, VA. 22603 2.91 -RP 2 345 604 0 0 43B 8 18 PARSONS, JAMES WARREN 390 WELLTOWN RD WINCHESTER, VA 22603 0.00 RP 2 0 0 0 43B 8 22 ELLIOTT, BARBARA E 6115 E PEABODY ST LONG BEACH, CA 90808 0.81 RP 2 274 473 0 0 43 A 56 K & J INVESTMENTS 1800 MARTINSBURG PIKE WINCHESTER, VA 22603 11.25 M1 4 778 645 0 0 43 A 133 HART, ROBERT A. & ALICE C. 2024 MARTINSBURG PIKE WINCHESTER, VA 22603 0.50 RP 2 373 661 0 0 43 A 109 MERRYMAN, SCOTT E & LINDA M 1995 MARTINSBURG PIKE WINCHESTER, VA. 22603 1.10 RP 2 0 2003 16388 43 A 134 WILLIAMSON, LINWOOD R. 2014 MARTINSBURG PIKE WINCHESTER, VA. 22603 1.33 RP 2 519 485 0 0 43 A 98 VIRGINIA APPLE STORAGE, INC 1955 VALLEY AVE WINCHESTER, VA 22601 28.38 B3 2 0 2004 11262 43 A 108 NETHERS, PATRICIA S 915 WELLTOWN PIKE WINCHESTER, VA. 22603 1.50 RP 2 0 2001 120 43 A 134B PIFER, WILLIAM PO BOX725 WINCHESTER, VA 22604 0.00 RP 2 919 635 0 0 43 A 107 MCQUAIN, CLIFFORD D & ETALS 1957 MARTINSBURG PIKE WINCHESTER, VA 22603 1.75 RP 2 896 708 0 0 43 A 106 LEE, RONALD A & MARY C 1947 MARTINSBURG PIKE WINCHESTER, VA 22603 0.87 RP 2 535 294 0 0 43 A 105 RISSLER, THOMAS W. & MARY L. 1937 MARTINSBURG PIKE WINCHESTER, VA. 22603 1.00 RP 2 0 0 0 43C 1 D MOORE, MICHAELA 1927 MARTINSBURG PIKE WINCHESTER, VA 22603 0.19 RP 2 668 112 0 0 43C 1 C 0 0.00 0 0 0 43 A 140 WEBER, MICHAEL S. 937 MARTINSBURG PIKE WINCHESTER, VA 22601 34.50 RA 5 673 623 0 0 43C 1 B BML, LC 112 LAUNCHRIS DR WINCHESTER, VA. 22602 0.20 RP 2 970 359 0 7005 43C 1 A MESSICK, ROY R. & NANCY L. 1897 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.87 RP 2 0 0 0 43C 2 3 FITZWATER, COURTNEY L. SR. 1876 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.66 RP 2 460 644 0 0 43 A 52B WILSON, DIEHL F JR & DEBORAH L 121 MERCEDES CT WINCHESTER, VA 22603 2.40 B3 4 849 499 0 0 43C 2 2 CURTIS, ELIZABETH DAWN 1864 MARTINSBURG PIKE WINCHESTER, VA 22603 0.34 RP 2 907 1791 0 0 43C 2 1 BAKER, R. WAYNE & IMOGENE A. 1854 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.65 RP 2 0 0 0 43 A 147 NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603 8.83 RP 2 668 229 0 0 43 A 149 DEHAVEN, THOMAS H 1840 MARTINSBURG PIKE WINCHESTER, VA 22603 0.60 RP 2 553 113 0 0 43 A 100 RUTHERFORD FARM, LLC C/O TETRA PARTNERSHIP 11450 DARON CAMERON AVE RESTON, VA 20190 51.12 B2 2 0 2005 6702 43 A 52 1-81 MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA 22603 3.57 M1 4 0 2004 5383 43 A 151A NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603 7.44 M1 4 621 601 0 0 43C 3 2 NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.57 M1 2 704 806 0 0 43C 3 3 K & J INVESTMENTS, LC 1800 MARTINSBURG PIKE WINCHESTER, VA 22603 0.57 Mi 2 863 1319 0 0 43C 3 4 NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA 22603 0.06 M1 2 701 9 0 0 43C 3 5 NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA 22603 0.57 M1 2 701 9 0 0 43 A 52C WINCHESTER NORTH, INC 1323 JAMESTOWN RD, STE 101 WILLIAMSBURG, VA 23185 2.18 B2 4 0 2001 12048 43C 3 6 SANDY, WILLIAM E. 1744 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.71 RP 2 305 59 0 0 43C 3 7 0 0.00 0 0 0 43C 3 7A NORTH STEPHENSON, INC. 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603 0.71 M1 2 688 832 0 0 43C 3 8 0 0.00 0 0 0 43C 3 8A LYONS, CAROL R & RONALD S 1550 TIFFANY RANCH RD ARROYO GRANDE, CA 93420 0.00 RP 2 0 2004 632 43C 3 9 LYONS, CAROL R & RONALD S 1550 TIFFANY RANCH RD ARROYO GRANDE, CA 93420 0.00 RP 2 0 2004 632 43 A 50A BRENTWOOD INVESTMENT COMPANY 1323 JAMESTOWN RD STE 101 WILLIAMSBURG, VA 23185 3.38 B2 4 909 1506 0 0 43 A 99 SOLENBERGER, C ROBERT ETALS 112 N CAMERON ST WINCHESTER, VA 22601 56.87 Mi132 6 0 2004 17164 43 A 151 K & J INVESTMENTS, LC 1800 MARTINSBURG PIKE WINCHESTER, VA. 22603 28.07 M1 5 0 2005 9792 43 A 150 K & J INVESTMENTS, LC 1800 MARTINSBURG PIKE WINCHESTER, VA 22603 2.34 M1 2 807 1551 0 0 43 A 90 TRUSTEES OF THE APOSTOLIC UNITED PENTECOSTAL CHURCH 189 PARSON CT WINCHESTER, VA 22603 7.48 RA 74 950 1372 0 0 Land Use codes: 2 Single Family Residential (Suburban) 4 Commercial & Industrial 5 A ricultural/Undeveloped 100+Acres 6 Agricultural/Undeveloped 20-100 Acres 74 IReligious Adjoining Property Owners.xls 11/8/2006 1 of 1 Data Source: Frederick County, Va. GIS Department 2006 data MASTER DEVELOPMENT PLAN #14-06 RUTHERFORD CROSSING Staff Report for the Planning Commission Prepared: November 16, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/06/06 Pending Board of Supervisors: 01/10/07 Pending LOCATION: The properties are located at the northeast quadrant of Interstate 81 Exit 317, and Martinsburg Pike intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-98, 43-A-99, 43-A-100 and 43-A-111 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) M1 (Light Industrial) Use: Vacant Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: N/A Use: Interstate 81 M1 (Light Industrial) Use: Vacant South: RP (Residential Performance) Use: Residential M1 (Light Industrial) Industrial RA (Rural Areas) Residential East: RA (Rural Areas) Use: Commercial/Residential RP (Residential Performance) Residential West: N/A Use: Interstate 81 PROPOSED USE: Commercial and Industrial Land Uses MDP #14-06, Rutherford Crang • November 16, 2006 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The following comments reflect VDOT comments on both the rezoning and the master development plan submittals: The documentation within the application appears to have significant measurable impact on Routes 11 and I-81. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Rutherford Crossing rezoning application dated October 26, 2006 addresses transportation concerns associated with this request. Under Section C of the Transportation Enhancements, Item #2, Site Access Improvements, the verbiage notes the construction of two full entrances and two right-in/right-out entrances. While it addresses the spacing of the entrances, the documents that were submitted with this rezoning request do not identify the approximate locations. Under Item 3, Right-of-way Reservation: This appears to be a considerable change from the original rezoning which was titled "Right -of -Way Dedication". VDOT is requesting a reason for the change from dedication to reservation by the applicant. We have concerns with the way the current document is worded. Under Item 6, the Route 11 and Interstate 81 Northbound Off - Ramp Improvements: While we appreciate the applicant agreeing to prepare and process a Limited Access Break Study meeting FHWA and VDOT standards for the relocation of the Interstate 81 Exit 317 northbound off -ramp as well as preparing and processing of the Public Improvement Plan, we feel the proposed $125,000.00 to help construction of this facility falls far short of the monies needed to construct this key component of the transportation improvements in this area. During our meeting with the applicant, the Route 37 and Interstate 81 interchange were identified as a critical part of the County's transportation plan. The identified footprint of this roadway, a portion of which crosses the Rutherford Crossing property, needed to be preserved/dedicated as part of the proffer documents. This request has not been included in the current proffer document. The TIA prepared for this rezoning request did not take into consideration the Omps Property which was rezoned on the east side of Route 11 and will have considerable impact on the level of service at the main entrance to the Rutherford Crossing properties. There were several other anomalies within the study that gives VDOT cause for concern about some of the conclusions that were derived from this study. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip General Manual, Sixth Edition for review. VDOT reserves the right to comment on all site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshal: Plan approval as submitted Frederick County Public Works: Besides eliminating B3 zoned areas from the project, the impact analysis has changed the stormwater management philosophy from onsite detention ponds to discharge to an adequate channel. Consequently, we focused our review on the drainage analysis prepared by Randy Kepler and dated May 22, 2006. Based on our review of the Hiatt Run drainage analysis, we offer the following comments: 1. Verify that the cross- section referenced in the report is representative of the channel cross-section between the Rutherford discharge point and Route 11. 2. Hydrograph No. 9 indicates that the storm flows derived from the Rutherford project are relatively insignificant compared to the total drainage MDP #14-06, Rutherford ArpsSing • November 16, 2006 Page 3 from Hiatt Run. Also, this hydrograph indicates that the peak flows from Rutherford occur long before the peak arrives from the total discharge area. This fact should be highlighted in the report summary and serve as the main justification for allowing discharge directly to the receiving stream without onsite detention. This latter conclusion assumes that the receiving channel has an adequate cross-section. 3. Provide a map indicating the location of the channel section used to derive the total time of concentration. Frederick County Sanitation Authority: lst review - approved Frederick Winchester Service Authority: No comments. Frederick County Inspections Department: Demolition permit shall be required prior to the removal of any existing structures. Establish 100 year flood plain elevation on future site plans. GIS Department: Averell, Rienzi and Ebert are denied use in the Frederick County System — duplications. The roadway in the adjoining property is not Ebert Road, but named Milton Ray Drive. New names are required. Market Street and Merchant Street have been approved and added into the Frederick County Road Naming and Structure numbering system. Center Street is denied. Winchester Regional Airport: The proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Department of Parks and Recreation: No comment Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The properties are located at the northeast quadrant of Interstate 81 Exit 317, and Martinsburg Pike intersection. C) Site History On April 22, 2002 the County rezoned 113 acres from the RA (Rural Areas) District and 3.7 acres from the RP (Residential Performance) District to the M1 (Light Industrial) District, rezoned 21.8 acres from the RA District and 1.4 acres from the RP District to the MDP #14-06, Rutherford Ang • November 16, 2006 Page 4 B2 (Business General) District, rezoned 14.5 acres from the RA District to the B3 (Industrial Transition) District and rezoned the all of those 154.4 acres to the IA (Interstate Area Overlay) Zoning District (REZ #07-01). On July 14, 2004 the County rezoned 13.4 acres from the RA (Rural Area) District, the B2 (Business General) District, the B3 (Industrial Transition) District and the M1 (Light Industrial) District to the B2 and B3 Districts (REZ #06-04). This was a reconfiguration of 12.65 acres that were part of Rezoning #07-01, plus the rezoning of .75 adjoining additional acres. All proffers associated with Rezoning #07-01 were carried forward to Rezoning #06-04. Since parcel 43-A-111 (the FEMA site) is not part of the currently proposed rezoning (#17-06), all proffers associated with Rezoning #06-04 remain with parcel 43-A-111. With Rezoning #17-06 the applicant is requesting that the county rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers and to add proffers to one adjoining parcel (rezoning # 17-06 does not include parcel 43-A-I I I FEMA but this parcel is included in this MDP Application). D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). In addition, the Northeast Land Use Plan designates the general area in which the Rutherford Crossing property is located for commercial and industrial land uses. Environment: Hiatt Run flows through the northern portion of the property and contains wetlands and floodplain. These environmental areas are located within the area designated for the Route 37 extension and the planned collector road. This site also contains karst features as indicated on sheet 2 of the MPD. Transportation It is important to realize that there is an interchange for Route 37 proposed on this property. The applicant has not shown the proposed right-of-way line on the MDP for this site, this right-of-way should be addressed. The MDP for the Carroll Industrial Park, which is the adjacent property and shares the other portion of this interchange, was recently reviewed by the Planning Commission and Board of Supervisors. This MPD depicted the right-of-way line and included verbiage that stated any improvements placed MDP #14-06, Rutherford Crossing • November 16, 2006 Page 5 within this area would not be compensated if they were required to be demolished. It was expected that this project would provide similar guarantees for the right-of-way. Provided Buffers and Screening: This site requires buffering along the adjacent residential properties zoned RP, RA. The B2 portion of the site is required to provide a 50' full screen (three trees per linear feet and a 6' fence or 50' of woodlands) against adjacent residential and the M1 portion of the property is required to provide a 100' full screen against adjacent residential. The site must also buffer its B2 zoned portions from its M1 zoned portions. This buffer consists of a 50' shared landscaped buffer. The applicant has shown these buffers on sheet 3 of the MDP. Waivers: As indicated on sheet 3 of the MDP, the applicant is requesting a wavier of § 144-24C of the Frederick County Subdivision Ordinance. A portion of the commercial area within Rutherford Crossing will utilize a private road, specifically serving the lots that will have access via Market Street. The subdivision ordinance states that all lots must have state road frontage to be subdivided. In order for the proposed commercial lots on Market Street within Rutherford Crossing to be subdivided, the Board of Supervisors would need to grant a waiver of § 144-24C of the Frederick County Subdivision Ordinance. A recommendation regarding this waiver is needed from the Planning Commission. Proffers: See Attached Proffers from Rezoning #17-06 & Rezoning 406-04. Proffers from Rezoning #06-04 are relevant because they still pertain to the FEMA property owned by Cowperwoodl Issues Staff has identified numerous issues that still remain to be addressed. They are as follows: • An interchange for Route 37 is proposed on a portion of this site (see attachment showing engineered plans for Route 37). This proposed ROW line should be shown on the MPD along with text regarding construction within this ROW. This information should be similar to what was provided with the recently reviewed Carroll Industrial Park. • The Building Restrictions Lines (BRL's) have not been labeled as requested. • The zoning district buffer needs to contain a linear measurement as requested. • The FEMA access road needs to be shown on sheets 3 and 5 of the MDP. Interparcel connections from this road should be provided as well. • The location and detail of the required sidewalk along Martinsburg Pike has not been provided. • Concerns from VDOT and the Frederick County Public Works Department have not been addressed. • The proffers associated with Rezoning #17-06 do not apply to the FEMA property which is owned by the Cowperwood Company. This portion of the development is subject to the proffers from Rezoning #06-04 which have not been provided in MDP #14-06, Rutherford Crossing • November 16, 2006 Page 6 this MPD. STAFF CONCLUSIONS FOR THE 12/06/06 PLANNING COMMISSION MEETING: The preliminary master development plan for Rutherford Crossing depicts appropriate land uses (should rezoning #17-06 be approved) but currently is not consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. While the preliminary master development plan is in accordance with the revised proffers of the rezoning (REZ #17-06), it has not addressed Planning Staff s concerns, VDOT's concerns and Public Works' concerns. All of the issues brought forth by the staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Please note this MPD is in conformance with the rezoning application being heard on the same night as this MDP. If the rezoning for Rutherford Crossing is not recommended for approval or is tabled, then the MDP should follow the same recommendation. Two recommendations are needed from the Planning Commission regarding this MPD application, one for the waiver and another for the MDP. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan once all issues have been addressed. Special Limited Power of Attorney `T,,_Ai County of Frederick, Virginia Y'... 3 Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia,107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That (Name) Cowperwood FEMA, LLC (Phone) (212) 953-0007 (Address) 375 Park Avenue, Suite 3701, New York, NY 10152 the owner of all those tracts of parcels of land ("Property") conveyed to it by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060020794 on Page , and is described as Parcel: 43 Lot: 111 Block: A Section: Subdivision: does hereby make, constitute and appoint: (Name) Bury+Partners (Phone) (703) 968-9090 (Address) 3810 Concorde Parkway, Suite 1000, Chantilly, VA 20151 To act as its true and lawful attorney -in -fact for and in its name, place and stead with full power and Authority it would have if acting directly for the sole purpose (and for no other purpose) of filing the following with respect to the Property: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits 0 Final Master Development Plan, dated NOIV , 2006 ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment Except for the sole purpose of filing of the Final Master Development Plan as authorized above, Cowperwood FEMA, LLC's attorney in fact shall have no other authority on behalf of Cowperwood FEMA, LLC, including, without limitation, no authority to offer proffered conditions, no authority to designate Cowperwood FEMA, LLC as an applicant on any proffer, and no authority to make amendments to previously approved proffered conditions. This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I have hereto set my hand this � day of November, 2006. COWPER FEMA, LLC, a Virginia limited liability company << NANETTE BRANNIGAN By: Notary Public, State of New Yorke 5068 Edward J. Sussi, Senior Vice President ed 13t New York Qualified in New York Counttyy: Term Expires .October,27, 20 1o.; .. State of New York, County of pc—arDi2-K--_ , To -wit: I, Nanette Brannigan, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed to the foregoing instrument and who is known to me, personally appeared before me and has ac owledged the same before me in the jurisdiction aforesaid this qTi M day of November, 2006. My Commission Expires: % Z:,II b Aary Public • 0 Bur + Partner s 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.: 20225-01 ComPanY: Department of Planning and Development Date: 11-13-06 Address: 107 North Kent Street, suite 202 cc: File Winchester, Virginia 22601 Re' Rutherford Crossing Master Development Plan El Delivery ❑ Overnight ❑ Pick -Up 0 Courier ❑ Other Quantity Description of Item(s) 44 copies Rutherford Crossing Master Development Plan replacement sets Np jrT, 2nr� —Notes— Ms. Perkins, we appolgize for any inconvenience. There was a mix up in getting the most current proffers shown on the cover sheet. Mr. Pierce will be happy to sit down and go through the plans and response letter, if this assistance will be helpful. 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 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. • • 64 1� /iN GREENWAY ENGINEERING %w-;o7 151 Windy Hill Lane Pounded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Rutherford Crossing Master Development Plan - Special Limited Power of Attorney Document File No: 2795RF Date November 13, 2006 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: Fed Ex U.S. Mail Urgent X For Your Review Message: Hi Susan, X Courier Pick Up X As You Requested Please Comment Please find attached the original Special Limited Power of Attorney document from Cowperwood FEMA, LLC allowing Bury+Partners to represent the Master Development Plan for the Rutherford Crossing project. Please contact me if you have any questions regarding this information. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.eo.frederick.ya.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That (Name) Conerwood FEMA, LLC (Phone) (212) 953-0007 (Address) 375 Park Avenue, Suite 3701, New York, NY 10152 the owner of all those tracts of parcels of land ("Property") conveyed to it by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060020794 on Page Parcel: 43 Lot: I I 1 Block: A Section: _ does hereby make, constitute and appoint: (Name) Bury+Partners , and is described as Subdivision: (Phone) (703) 968-9090 (Address) 3810 Concorde Parkway, Suite 1000, Chantilly, VA 20151 To act as its true and lawful attorney -in -fact for and in its name, place and stead with full power and Authority it would have if acting directly for the sole purpose (and for no other purpose) of tiling the following with respect to the Property: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits 9 Final Master Development Plan, dated 14OV, 9 , 2006 ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment Except for the sole purpose of filing of the Final Master Development Plan as authorized above, Cowperwood FEMA, LLC's attorney in fact shall have no other authority on behalf of Cowperwood FEMA, LLC, including, without limitation, no authority to offer proffered conditions, no authority to designate Cowperwood FEMA, LLC as an applicant on any proffer, and no authority to make amendments to previously approved proffered conditions. This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I have hereto set my hand this —day of November, 2006. COWPER FEMA, LLC, a Virginia limited liability company NANETTE BRANNIGAN By: _ Notary Public, State of New York Edward J. Sussi, Senior Vice President - - -No. 31 4875068 Qualified in New York County Term Expires October 27, 2010 State of New York, County of To -wit: 1, Nanette Brannigan, a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed to the foregoing instrument and who is known to me, personally_ appeared before me and has ac owledged the same before me in the jurisdiction aforesaid this day of November, 2006. AyPubfth',.'_ My Commission Expires:Nota-- Rutherford Crossing ProVatement - VDOT Comments to Rezor & MDP Page 1 of 2 Pullen,. Kevin From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Wednesday, November 08, 2006 9:33 PM To: Pullen, Kevin Subject: FW: Rutherford Crossing Proffer Statement - VDOT Comments to Rezoning & MDP Hi Kevin, Please use this message from Lloyd Ingram as your VDOT comment for the Master Development Plan submittal I spoke to Lloyd regarding this matter and he felt this was the most expeditious way to deal with this matter. Please forward me the revised Rezoning Plat Exhibit dated November 7, 2006 as soon as possible tomorrow - I am going to go ahead and prepare the remaining information tonight so we can start to run it in the morning. Thank you, Evan -----Original Message ----- From: Funkhouser, Rhonda [mailto: Rhonda. Fun khouser@VDOT.Virginia.gov]On Behalf Of Ingram, Lloyd Sent: Wednesday, November 08, 2006 9:20 AM To: Evan Wyatt Cc: Ingram, Lloyd; 'Eric Lawrence'; 'Susan Eddy' Subject: Rutherford Crossing Proffer Statement - VDOT Comments to Rezoning & MDP The following comments reflect VDOT comments on both the rezoning and the master development plan submittals: The documentation within the applications appears to have significant measurable impact on Routes 11 and 1-81. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Rutherford Crossing Rezoning Application dated October 26, 2006 addresses transportation concerns associated with this request. Under Section C of the Transportation Enhancements, Item #2, Site Access Improvements, the verbiage notes the construction of two full entrances and two right-in/right-out entrances. While it addresses the spacing of the entrances, the documents that were submitted with this rezoning request do not identify the approximate locations. Under Item 3, Right -of -Way Reservation: This appears to be a considerable change from the original rezoning which was titled "Right -of -Way Dedication". VDOT is requesting a reason for the change from dedication to reservation by the applicant. We have concerns with the way the current document is worded. Under Item 6, the Route 11 and Interstate 81 Northbound Off -Ramp Improvements: While we appreciate the applicant agreeing to prepare and process a Limited Access Break Study meeting FHWA and VDOT standards for the relocation of the Interstate 81 Exit 317 northbound off -ramp as well as preparing and processing of the Public Improvement Plan, we feel the proposed $125,000.00 to help construction this facility falls far short of the 11 /9/2006 Rutherford Crossing Proffe�tement - VDOT Comments to Rezon & MDP Page 2 of 2 monies needed to construct this key component of the transportation improvements in this area. During our meeting with the applicant, the Route 37 and Interstate 81 interchange were identified as a critical part of the County's transportation plan. The identified footprint of this roadway, a portion of which crosses the Rutherford Crossing property, needed to be preserved/dedicated as part of the proffer documents. This request has not been included in the current proffer document. The TIA prepared for this rezoning request did not take into consideration the Omps Property which was rezoned on the east side of Route 11 and will have considerable impact on the level of service at the main entrance to the Rutherford Crossing properties. There were several other anomalies within the study that gives VDOT cause for concern about some of the conclusions that were derived from this study. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 11 /9/2006 0 E �� o q - � w x p, b VIRGINIA Control number MDP06-0013 Project Name Rutherford Crossing Address 151 Windy Hill Ln. Type Application Master Development Current Zoning B2, B3, M 1 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments rians approved as submitted. Plan Approval Recommended Yes Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 9/8/2006 9/12/2006 City Winchester Tax ID Number 43-A-98, etc. Applicant Greenway Engineering State Zip VA 22602 Fire District 13 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-4185 Rescue District 13 Election District Stonewall Residential Sprinkler System No Fire Lane Required No Special Hazards No SEP 1 3 2006 ,;7 T Reviewed By Signature � J. Neal Title FIRE MARSHAL, FREDERICK COUNTY � / k _ '� � 0 • Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 October 20, 2006 COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 RE: Revised Rezoning and Master Development Plan (MDP) for Rutherford Crossing Frederick County, Virginia Dear Evan: We have completed our review of the revised. rezoning and master development, plan for the Rutherford Cross-ing project. Besides eliminating B3 zoned areas from the project, the impact analysis has changed the stormwater management philosophy from onsite detention ponds to discharge to an.adequate channel. Consequently, we focused our review on the drainage analysis prepared by Randy Kepler and dated May 22, 2006. Based on our review of the Hiatt Run drainage analysis, we offer the following comments: Verify that the cross-section referenced in the report is representative of the channel cross-section between the Rutherford discharge point and Route 11. 2. Hydrograph No. 9 indicates that the storm flows derived from the Rutherford project are relatively insignificant compared to the total drainage form Hiatt Run. Also, this hydrograph indicates that the peak flows from Rutherford occur long before the peak arrives from the total discharge area. This fact should be highlighted in the report summary and serve as the main justification for allowing discharge directly to the receiving stream without onsite detention. This latter conclusion assumes that the receiving channel has an adequate cross-section. 3. Provide a map indicating the location of the channel sections used to derive the total time of concentration. 107 North Kent Street • Winchester, Virginia 22601-5000 Review Comments Revised Rutherford Rezoning and MDP OCT 2 3 .2006 Page 2 October 20, 2006 I can be reached at 722-8214 if you should have any questions regarding the above comments. Our final approval of the rezoning and MDP will be contingent on receipt of a revised drainage analysis incorporating the above comments. Sincerely, ,t Harvey E. '�tttrawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development/ file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\rutherforderossingrevrez&mdpcom.wpd 1] �J Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 4th Floor Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: BURY + PARTNERS 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 PARCELS 43-A-98 43-A-99 43-A-100 43-A-1 I I Frederick County Ins ections Depa tment's Comments: `re i0 M fiLVl I' e rv, lr�Lre 5� �_ P/ r�� . Frederick County Inspections Department use only Date received Date reviewed Signature and Date Review Number: 1 Z 3 23 FREOICK 5 (please circle one) ORK&B!(& Revision required x • AcrIVED gEP 12 Request for Master Development Plan Comments Frederick Winchester Service Authority Mail to: Hand deliver to: Frederick Winchester Service Authority 107 N. Kent Street Attn: Engineer Winchester, VA 22601 107 N. Kent Street (540) 722-3579 Winchester, VA 22601 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: BURY + PARTNERS Address 3810 CONCORD PARKWAY SUITE 100 CHANTILLY, VA 20151 Phone Number 703-968-9090 Name of development and/or description of the request: RUTHERFORD CROSSING Location of property: TAX PARCELS 43-A-98, 43-A-99, 43-A-100, 43-A-111 Frederick County Sanitation Authority's Comments: Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority Mail o: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: BURY + PARTNERS 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 PARCELS 43-A-98 43-A-99 43-A-100 43-A-I I I Frederick County Sanitation Authority's Comments: / S 7 rRFzl v1/- ' 4� 4 f Frederick County Sanitation Authority use only Date received Review Number: Date reviewed Date approved Signature and Date 1 2 3 4 5 (please circle one) Revisions required Page 22 • 0 8 2C101 1 bI' -------------------- vev SEp 1 4 2606 Request Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5614 (540) 665-5614 The GIS Department 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 Supervisor 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 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 PARCELS 43-A-98 43-A-99 43-A-100 43-A-111 GIS Dept. Comments: AV ElzF-u- , Rl "zl E.p Oft rN 'r*& FyLebE;n r e.oKNN 54stEM lb pucwrtvNS. 1tkL t:D 1 b i A' 1V b Pe*PCaZi'w i S MOT- Eaeuow f 00, Bar- rl � dram All 14A) 0AW&--S- ICE i?�e.V> GIS OFFICE USE ONLY: Date received Date revision received Date approved Incomplete Incomplete Date reviewed By'rj'0& Date revi ,ed f Signature and Date: i Page 1 of 2 Pullen, Kevin From: Marcus Lemasters [mlemaste@co.frederick.va.us] Sent: Wednesday, September 27, 2006 12:45 PM To: Pullen, Kevin Subject: Rutherford road name review and comments DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME COMMENTS SUBDIVISION COMMENTS DATE: September 27, 2006 SUBDIVISION: Rutherford Crossing STAFF MEMBER: Marcus Lemasters, Director APPLICANT: Bury+partners Attn: Kevin R. Pullen 3 810 Concorde Parkway Suite 1000 Chantilly, Virginia 20151 COMMENTS: The Frederick County Department of GIS has reviewed the email request and associated plan in .pdf format for road names for use in the Rutherford Crossing project and has made the following determinations: i 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Market Street ,2. The following road names are DENIED use because of conflict, either by spelling or by phonetics, with road names already in the Frederick County Road Naming and Structure Numbering System: Center Street 3. Road names are not approved and accepted into the Frederick County Road Naming and Structure Numbering System without plats or plans delineating location, access from current road system, location, and entire length. Digital submission of review requests with digital plans are acceptable. Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540) 9/27/2006 Page 2 of 2 665-5614 E-mail contact: Marcus D. Lemasters, Director (mlemaste@a co _frederick.va.us) Marcus D. Lemasters, Director Frederick County Dept. of GIS 107 North Kent Street Winchester, VA 22602 mlemaste(a)-co.frederick.va. us Phone: 540.665.5614 FAX: 540.545.7086 0 Page 1 of 1 Pullen, Kevin From: Marcus Lemasters [mlemaste@co.frederick.va.us] Sent: Wednesday, September 27, 2006 4:02 PM To: Pullen, Kevin Subject: RE: Rutherford road name review and comments - propose 'Merchant Street' DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME COMMENTS SUBDIVISION COMMENTS DATE: September 27, 2006 SUBDIVISION: Rutherford Crossing STAFF MEMBER: Marcus Lemasters, Director APPLICANT: Bury+Partners Attn: Kevin R. Pullen 3 810 Concorde Parkway Suite 1000 Chantilly, Virginia 20151 COMMENTS: The Frederick County Department of GIS has reviewed the email request and associated plan in .pdf format for road names for use in the Rutherford Crossing project and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Merchant Street 2. Structure numbering will be assigned during the permitting and construction phase of development. vreaericK Lounty Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 E-mail contact: Marcus D. Lemasters, Director (mlemaste@co.frederick.va.us) 10/2/200( Frederick CouatV, Viirgluia Master Development Plan Application Package Request for -Master -Development Plan Comments Winchester Regional Airport Mail to: k�lid deii�er to: Winchester Regional Aiq)oTt 49 ] Aiq)ortRoad Attn: Executive Director (Route 645, off of Route 522 South) 491.Airport Road. (540) 662-2422 Winchester, Virginia 22602 Please fill out the information as accurately as possible in orduT to assist the agency with their review. Please attach one (1) copy of the MOP with the sheet. Applicants Name:. BURY + PARTNERS Address: 3810 CO1 CORD PARKWAY SUITE I OQ0 CHANT -IL Y, VA 20151 Phone Number: 703 968-9090 Nurse of development ati&r, description of the request: _ ... _ .. fiU MERF031p -CROSSING Location of property: Winchester Regional Airport Comments: Winchester Regional Airport use only Daty idrtivcd Revicw NuTn' bur: i 2 3 4 5 (ptiarc ciri lc: i�nc) 'Data reviewed Date approved Rovision required ' Signature and. Date . 2 Jt ti'A l ti . h Page 30 WINCHESTEIR REGIONAL AIRPORT sERVW4 THE 4�J1 AIRPORT ROAD tcaa OF viRGINA WINCHESTER, VIRGINIA 22602 (540) 662-2422 October 12, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia. 22602 Re: Master Development Plan Comment Rutherford Crossing Stonewall Magisterial District Deaf Mr. Wyatt: We have reviewed the proposed Master Development Plan and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director -Jct.23. 2006 2:59PM 4ed CO Parks and Rec • No.2531 P. 2 Frederick County, 'Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Band deliver to: Frederick County 2nd Floor Department of Parks and Recreation 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 22601 (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 MDP with the sheet. Applicant's Name: BURY + PARTNERS S Address: _ 3810 CONCORD PARKWAYSUITE 1000 CHANTILLY, 'VA 20151 Phone Number: 703-968-9090 Name of development and/or description of the request: RUTHERFORD CROSSMQ, Location of property: TAX PARCELS 43-A-98 43-A-99 43-A-100 43-A-111 Department of Parks and Recreation's Comments: !y d rage 2n RLE Copy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 October 20, 2006 Mr. Kevin Pullen Bury + Partners 3810 Concord Parkway Suite 1000 Chantilly, Virginia 20151 RE: Preliminary Review Comments for Rutherford Crossing Master Development Plan; Property Identification Number (PINs): 43-A-98, 43-A-99, 43-A-100 & 43-A-111 Dear Kevin: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Rutherford Crossing.. Staff s review comments are listed below for your consideration. Coversheet l . Proffers. Signed proffers need to be included on the coversheet prior to formal review by the Planning Commission and Board of Supervisors. 2. Owner/Developer. The proffer statement has a signature block for the Cowperwood Company but this company is not listed under the owner/developer section. This company needs to be included with the other owners of the property. 3. Project Information. The existing use of the property is listed as industrial, revise this to show vacant. Also, the proposed use is listed as business; the entire 157 acre site will not be used for business. 4. Zoning Districts. Under the project information there are references to the B3 District. If the proposed rezoning is successful, there will be no B3 on the site, only B2 and M1. 5. Waivers. Since a portion of the road network is private, any subdivision of lots that would access off of this road would require a waiver of the public street requirement from the Board of Supervisors during the MDP process. 6. Future Route 37. Text should be provided on the MDP that pertains to building within the planned ROW for future Route 37. A copy of text used on previous MDP's has been included for reference. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Kevin Pullen Re: Rutherford Crossing MDP October 20, 2006 Page 2 Environmental Features 7. Woodlands Narrative. Remove the woodlands narrative from sheet 2, Frederick" County does not have a woodlands preservation requirement. The property will be subject to the commercial/industrial landscaping requirements once site planned. 8. Karst Features. The environmental features table does not account for Karst Features. Proffer Detail 9. Zoning Boundaries. The boundaries of the zoning are unclear, they need to be bold and labeled. 10. Route 37 Dedication. An interchange for Route 37 is proposed on a portion of this site as indicated on sheet 3 and 5. This area should be shown and reserved on the MDP. 11. Phase Lines and Roads. There is an area shown between Phase 1 and Phase 3 that appears to be a separate parcel and the road stops before it reaches Phase 1; building restriction lines are shown on it as well. Remove these BRL's and continue the road to the Phase 1 property. 12. BRL's. Building Restriction Lines need to be shown off of Route 11 as well as the new roads within this development. Also, all BRL's need to be removed from buffer areas. 13. Roads. The right-of-way widths need to be shown on sheet 3 and the roads need to be labeled public or private. Also, if any parcels are intended to be subdivided that only have access to the private road network; a waiver must be sought by the Board of Supervisors. 14. Zoning District Buffers. The zoning district buffers shown on sheet 3 need to be labeled as indicated. The detail for the buffer needs to show three trees per 10 linear feet, 2/3 evergreen and 1/3 deciduous (include 10' sections on detail). Also, the fence/berm needs to moved as indicated. 15. Zoning District Buffer. The buffers shown between the M1 zoned land and the B2 land are incorrect. A Category B buffer needs to be provided. 16. Buffer Labeling. The buffers are labeled as "common shared buffers", these buffers are not common shared buffers. The zoning district buffers need to be labeled Category C Zoning District Buffers and the internal buffers need to be labeled per their proffer. 17. Martinsburg Pike Buffer. The detail for the buffer along Martinsburg Pike (3' berm and plants) needs to have a distance measure associated with it. 18. Adjoining Properties. As indicated on sheet 3, there are some adjoining properties not labeled. 19. Existing Structures. Any existing structures shown on sheet 3 need to be labeled TBR. 20. Entrances and Interpareel Connections. The FEMA road and the entrance indicated on sheet 3 need to be indicated on the plan along with notes for interparcel connections. Transportation Detail 21. Road Details. On sheet 5 it is unclear which road is Rienzi and which is Averell. The public road section as indicated on sheet 5 needs to utilize the Rienzi section; this road needs to be Mr. Kevin Pullen Re: Rutherford Crossing MDP October 20, 2006 Page 3 extended from the main entrance to the FEMA site. The Rienzi section should also contain a landscaped median with trees instead of a concrete median. 22. Road Extension. Extend the Rienzi Drive as indicated on sheet 5. This road needs to be extended to the limits of the adjacent property. 23. Sidewalks. A 10' asphalt multi -use path needs to be provided along Martinsburg Pike and sidewalks need to be shown on both sides of the road details. Show the asphalt path and sidewalks on the overall on sheet 5 as well as the road details. 24. Existing v New Conditions. The larger detail shown on sheet 5 appears to be of the existing conditions and the smaller of the proposed conditions; label what the details are showing. 25. Right Turn Lane. The proffers state that there will be a continuous right turn lane to the northernmost I-81 ramp (Proffer 5), this has not been shown on the detail. 26. Proffered Road Improvements. All proffered improvements need to correspond to the MDP, each area marked for improvement needs to be labeled with the proffer number. 27. Vertical Sections. On sheet 5 only horizontal road sections have been provided, include vertical as well. 28. Alignment. Ensure that Rienzi aligns with the adjacent Cross Canyon Boulevard which is being built with the North Stephenson project. 29. Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 5 need to be indicated on the plan along with notes for interparcel connections. In order to continue the review of this Master Development Plan, you will need to submit a. signed and notarized Special Limited Power of Attorney Form to this department. The review fee for this application will be $17,702 ($2,000 base + $15,702 @$100 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Health Department, Frederick County Parks & Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins Planner II CEP/dlw Attachment cc: Evan Wyatt, Greenway Engineering UtNtHAL SCREENING SECTION NOT TO SCALE The County of Frederick, Virginia presently anticipates that the future extension of Rout will cross over a portion of Carroll Industrial Park, indicated as "Proposed Future Route 37 F Way Line" and Voluntary Limits of "Use Per Limited Access Area of Route 37" on the Master Development Plan of Carroll Industrial Park. Any improvements located within or encroaching upon the "limits of use" area shall be removed at the request of and at no cost to the County or VDOT. The removal of any improvements, including the demolition or relocation of any building, parking or. other accesso shall be at the sole cost and expense of the owner and VDOT shall not be held responsible`" said demolition, relocation or any monetary restitution as a result of lost development or infrastructure or the loss of parking, storage or other permitted uses. :t9 :J In the event that the County extension of Route 37 and/or the of Carroll Industrial Park then the 37 right of way line and the limits extension of Route 37. The foregoing language would in language substituting a reference or VDOT determines that the actual location of the future limits of use have a lesser impact or no impact upon a. County agrees to vacate and relocate the proposed future of use in conformity with the actual location of the fut also be included on the Master Plan with :the dppropria. to the Master Plan instead of the Final Plats,"Of. Subdiv NOTE: PROPOSED RIGHTS —OF —WAY ARE SHOWN AS 60' WIDE AS APPROVED BY VDOT. i COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: 4r-v/n PU &=a COMPANY: 6�q P FAX 4: %03— / � 06 Remarks: Date: nclo bky- 301 c9w (D Number of Pages (including cover sheet) From the desk of: RKVA s P. , Immediate TX Result Report ( Oct.20.2006 3:26PM ) Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Oct. 20. 3:25PM 703 968 4866 G3TES) 0'46" P. 5 OK 4812 # Batch M Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax t Delivery Q RX Notice Req. A RX Notice Ur—INIC iAL SGREENING SECTION NOT TO SCALE The County of Frederick, Virginia presently anticipates that the future extension of Route will cross over a portion of Carroll Industrial Park, indicated as "Proposed Future Route 37 Ri Way Line" and Voluntary Limits of "Use Per Limited Access Area of Route 37" on the Master Development Plan of Carroll Industrial Park. Any improvements located within or encroaching upon the "limits of use" area shall be removed at the request of and at no cost to the County or VDOT. The removal of any improvements, including the demolition or relocation of any building, shall be at the sole cost and expense of the owner and VDOT shall naotk�be her held tr spoaccessi nsible said demolition, relocation or any monetary restitution as a result of lost development or infrastructure or the loss of parking, storage or other permitted uses. In the event extension of Route that the County 37 and/or the or VDOT limits determines that the actual location of the futur of Carroll Industrial Park then the of County agrees use have a lesser impact or no impact upon a to 37 right of way line extension of Route and the limits of use vacate and relocate the proposed futur+ in conformity with the actual location 37. of the fu The foregoing language would in language substituting a reference also be to included on the Master Plan with the appropri the Master Plan instead of the Final Plats of S1,hrc NOTE: PROPOSED RIGHTS —OF —WAY ARE SHOWN AS 60' WIDE AS APPROVED BY VDOT. r; Y r 0 • P Bury-+ Partners EN G IN E E RI N G SO LUTI ON S November 9, 2006 Ms. Candice E. Perkins Planner II County of Frederick Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 RESPONSE TO COMMENTS Plan Name: Rutherford Crossing MDP Property I.D. #: 43-A-98, 43-A-99, 43-A-100 Department of Planning and Development 10=20-2006 Comment 1: Proffers. Signed proffers need to be included on the coversheet prior to formal review by the Planning Commission and board of Supervisors. Response: Understood, signed proffers will be included on the coversheet prior to formal review by the Planning Commission. Comment 2: Owner/Developer. The proffer statement has a signature block for the Cowperwood Company but this company is not listed under the owner/developer section. This company needs to be included with the other owners of the property. Response: The proffers and coversheet have been revised. Comment 3: The existing use of the property is listed as industrial, revise this to show vacant. Also, the proposed use is listed as business; the entire 157 acre site will not be used for business. Response: The existing property uses have been revised to show them as vacant, please see the coversheet. 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 o Williamsburg, Virginia www.burypartners.com Bury+Par$ners ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 2 Comment 4: Zoning districts. Under the project information there are references to the B3 District. If the proposed rezoning is successful, there will be no B3 on the site, only B2 and M 1. Response: The coversheet has been revised to remove reference to a B3 District. Comment 5: Waivers. Since a portion of the road network is private, any subdivision of lots that would access off of this road would require a waiver of the public street requirement from the Board of Supervisors during the MDP process. Response: A waiver has been applied for with the resubmission of this plan. Please see the notes on sheet 3. Comment 6: Future Route 37. Text should be provided on the MDP that pertains to building within the planned ROW fort future route 37. A copy of text used on previous MDP's has been included for reference. Response: At this point, our client does not agree with the inclusion of the Route 37 text on the Master Development Plata. Comment 7: Woodlands Narrative. Remove the woodlands narrative from sheet 2, Frederick county does not have a woodlands preservation requirement. The property will be subject to the commercial/industrial landscaping requirement. The property will be subject to the commercial/industrial landscaping requirements once site planned. Response: The woodlands narrative has been removed from sheet 2. Comment 8: Karst Features. The environmental features table does not account for Karst Features. Response: The Environmental Features table has been revised to account for Karst Features. 0 0 Bury -I Partners ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 3 Comment 9: Zoning Boundaries. The boundaries of the zoing are unclear, they need to be bold and labeled. Response: The zoning boundaries have been revised and clarified. Comment 10: Route 37 Dedication. An interchange for Route 37 is proposed on a portion of this site as indicated on sheet 3 and 5. This area should be shown and reserved on the MDP. Response: At this point and time, our client does not agree to reserve the requested area. Comment 11: Phase Lines and Roads. There is an area shown between Phase 1 and Phase 3 that appears to be a separate parcel and the road stops before it reaches Phase 1; building restriction lines are shown on it as well. Remove these BRL's and continue the road to the Phase 1 property. Response: The phase lines have been removed, and the proposed FEMA property line added for clarification. The right-of-way for the connector road stops at FEMA's proposed property line. Comment 12: BRL's. Building Restriction Lines need to be shown off of route 11 as well as the new roads within this development. Also, all BRL's need to be removed from buffer areas. Response: Building restriction lines have been added to the plan. Comment 13: Roads. The right-of-way widths need to be shown on sheet 3 and the roads need to be labeled public or private. Also, if any parcels are intended to be subdivided that only have access to the private road network; a waiver must be sought by the Board of Supervisors. Response: Most of the internal roads have variable width Rights -of -Way and are labeled as such. The minimum Right -of -Way width for each road is shown on their respective cross sections shown on sheet 5. ! ! Bury+Partners ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 4 Comment 14: Zoning District Buffers. The zoning district buffers shown on sheet 3 need to be labeled as indicated. The detail for the buffer needs to show three trees per 10 linear feet, 2/3 evergreen and 1/3 deciduous (include 10' sections on detail). Also, the fence/berm needs to be moved as indicated. Response: The Buffers and buffer detail have been revised. Please see sheet 3. Comment 15: Zoning District Buffer. The buffers shown between the M1 zoned land and the B2 land are incorrect. A Category B buffer needs to be provided. Response: A common shared buffer of 50' in total width has been provided between the MI and B2 zoning districts. Comment 16: Buffer Labeling. The buffers are labeled as "common shared buffers", these buffers are not common shared buffers. The zoning district buffers need to be labeled Category C Zoning district Buffers and the internal buffers need to be labeled per their proffer. Response: Based on our reading of section 165-37D(9) pages 16564.1 of the Zoning Ordinance, common shared buffers are allowed with the execution of the proper agreements. Comment 17: Martinsburg Pike Buffer. The detail for the buffer along Martinsburg Pike (3' berm and plants) needs to have a distance measure associated with it. Response: The Martinsburg Pike Buffer detail has been revised. Comment 18: Adjoining Properties. As indicated on sheet 3, there are some adjoining properties not labeled. Response: The labels for the adjoining property owners shown on sheet 3 Have been checked and revised accordingly. Bury+PalIY°tners ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 5 Comment 19: Existing Structures. Any existing structures shown on sheet 3 need to be labeled TBR. Response: A note has been added to sheet 3 stating "All existing buildings to be demolished unless otherwise specified. " This was done to exclude the Historic structures which will be preserved. Comment 20: Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 3 need to be indicated on the plan along with notes for interparcel connections. Response: The requested entrances have been shown on the plan. Comment 21: Road detail. On sheet 5 it is unclear which road is Rienzi and which is Averell. The public road section as indicated on sheet 5 needs to utilize the Rienzi section; this road needs to be extended from the main entrance to the FEMA site. The Rienzi section should also contain a landscaped median with trees instead of a concrete median. Response: The road names Rienzi and Averell were denied by the GIS Department. The new approved road names are Merchant and Market. A variable width planted median has been added to the cross sections for those roads. Comment 22: Road Extension. Extend the Rienzi Drive as indicated on sheet 5. this road needs to be extended to the limits of the adjacent property. Response: The Right -of -Way for Market Street ends at FEMA's proposed property line. FEMA's proposed property line has been added to the plans for clarification. Comment 23: Sidewalks. A 10' asphalt multi -use path needs to be provided along Martinsburg Pike and sidewalks need to be shown on both sides of the road details Show the asphalt path and sidewalks on the overall on sheet 5 as well as the road details. Response: A trail and sidewalks have been added to the plan. Please see sheet 5. • 0 ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 6 Comment 24: Existing v New Conditions. The larger detail shown on sheet 5 appear to be of existing conditions and the smaller of the proposed conditions; label what the details are showing. Response: The enlarged detail illustrates the lane configuration from the approved Rt. 11 Public Improvement plan. It has been labeled as a proffered improvement. Comment 25: Right Turn lane. The proffers state that there will be a continuous right turn lane to the northernmost I-81 ramp (Proffer 5), this has not been shown on the detail. Response: The detail has been revised. Please see sheet 5. Comment 26: Proffered Road Improvements. All proffered improvements need to correspond to the MDP, each area marked for improvement needs to be labeled with the proffer number. Response: The `Proffered Route 11 Public Improvement' detail has been revised. Comment 27: Vertical Sections. On sheet 5 only horizontal road sections have been provided, include vertical as well. Response: Atypical pavement section has been added. Please see sheet 5. Comment 28: Alignment. Ensure that Rienzi aligns with the adjacent Cross Canyon Boulevard which is being built with the North Stephenson project. Response: Road alignments have been checked. Comment 29: Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 5 need to be indicated on the plan along with notes for interparcel connections. Response: The FEMA road entrance has been shown. A 30' access easement has been added to satisfy interparcel connection requirements. • • ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 7 Department of GIS (Geographical Information Systems) Comment l: Averell, Rienzi, and Ebert are denied use in the Frederick county system, duplications. The roadway in the adjoining property is not Ebert Road, but named Milton Ray Drive. New names are required. Comment 2: The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Market Street Comment 3: The following road names are DENIED use because of conflict, either by spelling or by phonetics, with road names already in Frederick County Road Naming and Structure Numbering System: Center Street Comment 4: Road Names are not approved and accepted into Frederick County Road Naming and Structure Numbering System without plats and plans delineating location, access from current road system, location, and entire length. Digital submission of review with digital plans are acceptable. Response: Understood. Comment 5: The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Merchant Street Comment 6: Structured numbering will be assigned during the permitting and construction phase of development. Response: Understood. • Bury I Partners ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 8 Frederick County Fire and Rescue Department Comment 1: Plans approved as submitted. Frederick County Inspections Department Comment 1: Demolition Permit shall be required prior to the removal of any existing structures. Establish 100 yr. Flood Plain Elevation on future site plans. Response: We understand Demolition Permits will be required, and the location of a 100 yr Flood Plain will be shown on future site plans. Winchester Regional Airport Comment 1: We have reviewed the proposed Master Development Plan and determined that the proposed development plan will not have an impact on operations at the Winchester Region Airport. While the proposed site lies within the airport's airspace, it does fall outside the airport's Part 77 close in surfaces. Frederick Winchester Service Authority No comments Frederick County Sanitation Authority Comment 1: 1" Review- Approved. ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 9 VDOT - Edinburg Residency The following comments reflect VDOT comments on both the rezoning and the master development plan submittals: The documentation within the applications appears to have significant measurable impact on Routes 11 and I-81. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Rutherford Crossing Rezoning Application dated October 26, 2006 addresses transportation concerns associated with this request. Under Section C of the Transportation Enhancements, Item #2, Site Access Improvements, the verbiage notes the construction of two full entrances and two right-in/right-out entrances. While it addresses the spacing of the entrances, the documents that were submitted with this rezoning request do not identify the approximate locations. Under Item 3, Right -of -Way Reservation: This appears to be a considerable change from the original rezoning which was titled "Right -of -Way Dedication". VDOT is requesting a reason for the change from dedication to reservation by the applicant. We have concerns with the way the current document is worded. Under Item 6, the Route 11 and Interstate 81 Northbound Off -Ramp Improvements: While we appreciate the applicant agreeing to prepare and process a Limited Access Break Study meeting FHWA and VDOT standards for the relocation of the Interstate 81 Exit 317 northbound off -ramp as well as preparing and processing of the Public Improvement Plan, we feel the proposed $125,000.00 to help construction this facility falls far short of the monies needed to construct this key component of the transportation improvements in this area. During our meeting with the applicant, the Route 37 and Interstate 81 interchange were identified as a critical part of the County's transportation plan. The identified footprint of this roadway, a portion of which crosses the Rutherford Crossing property, needed to be preserved/dedicated as part of the proffer documents. This request has not been included in the current proffer document. The TIA prepared for this rezoning request did not take into consideration the Omps Property which was rezoned on the east side of Route 11 and will have considerable impact on the level of service at the main entrance to the Rutherford Crossing properties. There were several other anomalies within the study that gives VDOT cause for concern about some of the conclusions that were derived from this study. 0 ENGINEERING SOLUTIONS Rutherford Crossing MDP 1012712006 Page 10 Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Response: Understood. Department of Public Works Comment 1: Verify that the cross-section referenced in the report is representative of the channel cross section between the Rutherford discharge point and Route 11. Response: The referenced report has been revised and resubmitted for review and approval. Comment 2: Hydrograph No.9 indicates that the storm flows derived from the Rutherford Projects are relatively insignificant compared to the total drainage from Hiatt Run. Also, this hydrograph indicates that the peak flows from Rutherford occur long before the peak arrives from the total discharge area. This fact should be highlighted in the report summary and serve as the main justification for allowing discharge directly to the receiving stream without onsite detention. This latter conclusion assumes that the receiving channel has an adequate cross-section. Response: The referenced report has been revised and resubmitted for review and approval. Comment 3: provide a map indicating the location of the channel sections used to derive the total time of concentration. Response: The referenced report has been revised and resubmitted for review and approval. 0 ENGINEERING SOLUTIONS Frederick County Department of Parks and Recreation Comment 1: No comment. 0 Rutherford Crossing MDP 1012712006 Page 11 If you should require any additional information, please call us at 703-968-9090. Sincerely, Kevin Pullen Project Engineer aA 0 It COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 20, 2006 Mr. Kevin Pullen Bury + Partners 3810 Concord Parkway Suite 1000 Chantilly, Virginia 20151 RE: Preliminary Review Comments for Rutherford Crossing Master Development Plan; Property Identification Number (PINs): 43-A-98, 43-A-99, 43-A-100 & 43-A-111 Dear Kevin: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Rutherford Crossing. Staff s review comments are listed below for your consideration. Coversheet I . Proffers. Signed proffers need to be included on the coversheet prior to formal review by the Planning Commission and Board of Supervisors. 2. Owner/Developer. The proffer statement has a signature block for the Cowperwood Company but this company is not listed under the owner/developer section. This company needs to be included with the other owners of the property. 3. Project Information. The existing use of the property is listed as industrial, revise this to show vacant. Also, the proposed use is listed as business; the entire 157 acre site will not be used for business. 4. Zoning Districts. Under the project information there are references to the B3 District. If the proposed rezoning is successful, there will be no B3 on the site, only B2 and MI. 5. Waivers. Since a portion of the road network is private, any subdivision of lots that would access off of this road would require a waiver of the public street requirement from the Board of Supervisors during the MDP process. 6. Future Route 37. Text should be provided on the MDP that pertains to building within the planned ROW for future Route 37. A copy of text used on previous MDP's has been included for reference. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Kevin Pullen Re: Rutherford Crossing MDP October 20, 2006 Page 2 Environmental Features 7. Woodlands Narrative. Remove the woodlands narrative from sheet 2, Fredericks County does not have a woodlands preservation requirement. The property will be subject to the commercial/industrial landscaping requirements once site planned. 8. Karst Features. The environmental features table does not account for Karst Features. Proffer Detail 9. Zoning Boundaries. The boundaries of the zoning are unclear, they need to be bold and labeled. 10. Route 37 Dedication. An interchange for Route 37 is proposed on a portion of this site as indicated on sheet 3 and 5. This area should be shown and reserved on the MDP. 11. Phase Lines and Roads. There is an area shown between Phase I and Phase 3 that appears to be a separate parcel and the road stops before it reaches Phase 1; building restriction lines are shown on it as well. Remove these BRL's and continue the road to the Phase 1 property. 12. BRL's. Building Restriction Lines need to be shown off of Route 11 as well as the new roads within this development. Also, all BRL's need to be removed from buffer areas. 13. Roads. The right-of-way widths need to be shown on sheet 3 and the roads need to be labeled public or private. Also, if any parcels are intended to be subdivided that only have access to the private road network; a waiver must be sought by the Board of Supervisors. 14. Zoning District Buffers. The zoning district buffers shown on sheet 3 need to be labeled as indicated. The detail for the buffer needs to show three trees per 10 linear feet, 2/3 evergreen and 1/3 deciduous (include 10' sections on detail). Also, the fence/berm needs to moved as indicated. 15. Zoning District Buffer. The buffers shown between the M I zoned land and the B2 land are incorrect. A Category B buffer needs to be provided. 16. Buffer Labeling. The buffers are labeled as "common shared buffers", these buffers are not common shared buffers. The zoning district buffers need to be labeled Category C Zoning District Buffers and the internal buffers need to be labeled per their proffer. 17. Martinsburg Pike Buffer. The detail for the buffer along Martinsburg Pike (3' berm and plants) needs to have a distance measure associated with it, 18. Adjoining Properties. As indicated on sheet 3, there are some adjoining properties not labeled. 19. Existing Structures. Any existing structures shown on sheet 3 need to be labeled TBR. 20. Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 3 need to be indicated on the plan along with notes for interparcel connections. Transportation Detail 21. Road Details. On sheet 5 it is unclear which road is Rienzi and which is Averell. The public road section as indicated on sheet 5 needs to utilize the Rienzi section; this road needs to be Mr. Kevin Pullen Re: Rutherford Crossing MDP October 20, 2006 Page 3 extended from the main entrance to the FEMA site. The Rienzi section should also contain a landscaped median with trees instead of a concrete median. 22. Road Extension. Extend the Rienzi Drive as indicated on sheet 5. This road needs to be extended to the limits of the adjacent property. 23. Sidewalks. A 10' asphalt multi -use path needs to be provided along Martinsburg Pike and sidewalks need to be shown on both sides of the road details. Show the asphalt path and sidewalks on the overall on sheet 5 as well as the road details. 24. Existing v New Conditions. The larger detail shown on sheet 5 appears to be of the existing conditions and the smaller of the proposed conditions; label what the details are showing. 25. Right Turn Lane. The proffers state that there will be a continuous right turn lane to the northernmost I-81 ramp (Proffer 5), this has not been shown on the detail. 26. Proffered Road Improvements. All proffered improvements need to correspond to the MDP, each area marked for improvement needs to be labeled with the proffer number. 27. Vertical Sections. On sheet 5 only horizontal road sections have been provided, include vertical as well. 28. Alignment. Ensure that Rienzi aligns with the adjacent Cross Canyon Boulevard which is being built with the North Stephenson project. 29. Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 5 need to be indicated on the plan along with notes for interparcel connections. In order to continue the review of this Master Development Plan, you will need to submit a signed and notarized Special Limited Power of Attorney Form to this department. The review fee for this application will be $17,702 ($2,000 base + $15,702 @$100 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Health Department, Frederick County Parks c& Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, 60 Candice E. Perkins Planner II CEP/dlw Attachment cc: Evan Wyatt, Greenway Engineering • . Page I of 2 Susan Eddy From: Pullen, Kevin [kpullen@burypartners.com] Sent: Tuesday, September 26, 2006 12:41 PM To: Susan Eddy Cc: Pickering, Tom; Rod Brana; Jack Waghorn Subject: Rutherford Crossing MDP - Rt 37 R-O-W Good afternoon Ms Eddy, Thank you for taking the time to sit down with us for the discussion on the Rutherford Crossing TIA and MDP. Based on part of our discussion this morning I would like to see how we could get a drawing or an AutoCAD file of the proposed Rt 37 work, so we can show the affected R-O-W on our MDP. I would also like to discuss with you the issue of additional R-O-W that may be requested along what we show as the Ebert Road Extension. We are currently proposing 6o' of R-O-W, and I believe that matches the R-O-W that has been reserved on the adjoining parcel we would connect to. Again, thank you for your time and helpful comments. Kevin R. Pullen, EIT Project Engineer V Bury+Partners Engineering Solutions 3810 Concorde Parkway Suite 1000 Chantilly, Virginia 20151 (703) 968-9090 Tel (703) 475-7405 cel (703) 968-4866 Fax email: kpullen burypartners.com www.burypartners.com CONFIDENTIALITY NOTE: This e-mail and any files transmitted with it contain privileged and confidential information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail or any of its attachment(s) is strictly prohibited. If you have received this e-mail in error, please immediately notify the sending individual or entity by e-mail and permanently delete the original e-mail and attachment(s) from your computer system. CONFIDENTIALITY NOTE: This e-mail and any files transmitted with it contain privileged and confidential information and are intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, you are 9/26/2006 • Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No 1. Name of proposed development. ✓ 2. Name, address, and telephone number of owner. ►/ 3� Name, address, and telephone number of developer. 7 1/ 4. Name, address, and telephone number of designer. _ 5. Signed certificate of surveyor, engineer, or architect. ✓ 6. Date plan prepared and date of revisions. ,/ 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should — — be cited. _ 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. t� 10. Magisterial District. 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No —V� 1. Location map (scale 1:2000). 2. Scale of the MDP is not to exceed 1:100. 3. North Arrow. 4. Legend describing all symbols. . 5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. 7. Topography contour lines at acceptable intervals. A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and prop rty owner of all adjoining properties. 10. Location of propose ses (location, boundaries, arrangement).+��-fin 11. Location and treatment of historic structures and sites. 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. 14. Amount and percentage of disturbed and protected land in common open space. Page 14 Frederick County, Virginia Master Development Plan Application Package Yes No 1. Location and dimension of sidential Separation Buffers. 2. Acreage in commo open space, in housing type, in road -of ri hts-wa ,Wand for the entire development (by Phase). g /Y . 3. ocat ofi and boundaries of housing types. Residential rfo ance dimensional requirements should be �) q indicated. 4. Number of dwe in units (by type, phase, and in total). 5. Location and confi tion of required recreational facilities. Statement of required and type of facilities to be provided. Infrastructure Information Yes No ✓ 1. Location of adjoining streets and utilities. 2� Location, arrangements, and right-of-way widths of roads and property access. 3. Location and arrangement of street entrances, driveways, and parking areas. 4. Location of entrances to the development from public streets. ✓ Type of road design (rural or urban). -r K 1'n 6. Use of inter -parcel connectors. Page 15 3 R ee cep ` L)4_ OLe(D' c'�_n �-r d QI Frederick County, Virginia Master Development Plan Application Package 7' Traffic impact analysis. To be submitted to the Virginia "� r y Department of Transportation. 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. Location and arrangement of electric and gas utilities. Other Design Information Yes No l . Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. 2. Plan for stormwater management. Location of stormwater facilities. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in A- 0 common open space.) Shown in a table format.s�`D�? 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in 5. common open space.) Location to be included in of environmental protected areas common open space. Page 16 0 Frederick County, Virginia Master Development Plan Application Package County Health Department Information Yes No , 1 Statements and locations pertaining to sewer and water availability. 2. Statements and locations concerning any existing pre- or post -water treatment facilities. Statements location treatment 3. and of any planned private facilities. Page 17 Kka4ec-- P (00l Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice�� I \ Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): P'S 0 0 1 j Stca, U:\Pam\Common\Document Approval Form.wpd 1. Proffers. Signed proffers need to be included on the coversheet prior to formal review by the Planning Commission and Board of Supervisors. 2. Owner/Developer. The proffer statement has a signature block for the Cowperwood Company but this company is not listed under the owner/developer section. This company needs to be included with the other owners of the property. 3. Future Route 37. Text should be provided on the MDP that pertains to building within the planned ROW for future Route 37. A copy of text used on previous MDP's has been included for reference. 4. Route 37 Dedication. An interchange for Route 37 is proposed on a portion of this site as indicated on sheet 3 and S. This area should be shown and reserved on the MDP. S. BRL's. Building Restriction Lines need to be shown off of Route 11 as well as the new roads within this development. Also, all BRL's need to be removed fi^om buffer areas. 6. Zoning District Buffers. The zoning district buffers shown on sheet 3 need to be labeled as indicated. The detail for the buffer needs to show three trees per 10 linear feet, 213 evergreen and 113 deciduous (include 10' sections on detail). Also, the fence/berm needs to moved as indicated. 7. Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 3 need to be indicated on the plan along with notes for interparcel connections. 8. Sidewalks. A 10' asphalt multi -use path needs to be provided along Martinsburg Pike and sidewalks need to be shown on both sides of the road details. Show the asphalt path and sidewalks on the overall on sheet 5 as well as the road details. 9. Entrances and Interparcel Connections. The FEMA road and the entrance indicated on sheet 5 need to be indicated on the plan along with notes for interparcel connections. $17,702 ($2,000 base + $15,702 @$100 per acre). Frederick County Department of Public Works Virginia Department of Transportation. VZ 21 E E REQUESTING AGENT: DEPT. OF GEOGRAPRIC INFORMATION SYSTram FREDERICK COUNTY, VIRGRi-A GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE; Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additi PIAA DIGITAL: PAPER: FAX: _ SIZES: COLOR: . BLACKJWIHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-U?/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)