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HomeMy WebLinkAbout04-05 Kernstown Commons Commercial - Shawnee - Backfile (2)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: `I/ VDOT ✓- County Engineer ✓ Fire Marshal City of Winchester Sanitation Authorityy— GIS (Mapping) Inspections Dept. Parks & Recreation Health Department ------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 o� O Application received fl Fee Paid (amount: $ IS� • -� % ) 0 Preliminary MDP heard by Planning Commission - Action taken: 3 a os Preliminary MDP heard by Board of Supervisors - Action taken: Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. Final MDP signed by County Administrator and Planning Director (send two copies to applicant). r k Administratively approved; letter sent to applicant. NOTES: DATE: Loc�7 File opened. AJ , 45' Reference Manual updated/number assigned. OS D-base updated. o�ALo — List of adjoiners given to staff member for verification. I O One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. r OrrQ�� File given to Renee' to update Application Action Summary. Di', CLOSE OUT FILE: -7 I I L 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 Jane wants a copy of the final action letter even if the application was denied or withdrawn.) File stamped "approved"/'denie Reference Manual updated. D-base updated. �/71/0 File given to Renee' for final ul File in file drawer. U \CarohCommonMackmg shmts7R.ACKING. MDP Rev 011'1/03 M m m cc a AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER BY DOLLARS $ 0 ROUTE `1,1 IMPROVEMENTS SHOWN HERE ARE FOR INFORMATIONAL PURPOSES ONLY. A SITE PLAN FOR THE PROPOSED IMPROVEMENTS ALONG ROUTE 11 INCLUDING LANDSCAPING ,�KER/BIKER TRAIL AND ASSOCIATED bE iV AYILI BE,._, SUBMITTED SEPARATELY. CL-- -.-- ._-- o`er ¢ i C Dry � rt VA ROWE v' �µ � y t @ t 1�.021 sF. LOT 4 8 11 A® i ..s ( .- C if .� L f i t pAKK�►J z ON 5 2 if ` j, (PLAO SE4bWS: �{77 CD czo j iii C CD I f CD --; f 1 �pai SET Q cKca R Q f ,, J �i— r/ n f ! _... Lp i LINE Lll o 1. cc). ' S b m aM PR SEAL PRO.ECT MILE s. s as ett p Patton Harris Rust & Associates,pc 3. a Jixs "a �" - KERNSTOWN COMMONS OVERALL PLAN Engineers. Surveyors. Planners. Landscape Archiiects, BRIEIDAYA7S1i�f vuru•.uvcuvsv 208 Church 34ree1, S.E. N. OEM J 1 .� L—Iury. VA 20171, DF�i:RP7K7N DATE CHKD SHAWNEE MAGISTERIAL DISTRICT ` T 717777.3616 N0. REVISION MIDERICK COUNTY VIRGINIA I r 703.777.S745 DEEM SLR%E1' JJD/BTN PHR+A [RAY! DATE - SSJ/JJD FEBRLW2Y 21, 200 CHECKM SCALE BTN 1' = 1DW sHT Fu 3 OF 30 1�R14-1—n COMMONWEALTH OF VIRGINIA OFFICIAL RECEIPT FREDERICK CIRui1I COURT 0 DEED RECEIPT rnr-, � „n , TIME: 1`= o DATE: i; v9t 05 Ac,, : ACCOUNT: C ) 1 069C R�U5 .0n[ 3? RECEIPT. Srn0,s� .0PT7 MASHIE 'WF :,��_�.+: r=:aiD,I4T: 1_i1S�eiVlC.7v tL:_.: 1 U�..11r��.3,.v4 R: RES: WE1:r TYPE: D?'D �AYMENTI; (L PAYMENT 1QT Llk"`�T = : 1 , FL:_a. P�: Mi;{ i p IN ;R .� I = J Dtc�3 3 8�74 PACE: RE_JRD,ED: "r�4,'F? AT 15:D` SRANTOR: vRA�{Gt PARTNERS �Lv ' GRANTEE: COMMONWEALTH OF VIRSINIA E''+?{ LOC. AND ADDRESS a � y EI: N PCT: lo;.)% n •r,T••' ' 'vHEtIN dNJC. Ya DESCRIPTION 1: SH DIST 7 La6ES: Y 2. NAMES: �NSIDERATtN: Al A'VAL. .00 MAP: 75—A-10 PI 3"1 DEE7P 29.S — ►1N: i `,�.' Ti:,;� iI.4 GJY T . iCT C ; - A. r 5 1 FEE,1,10 TENDERED 36.00 n MOU T AID: [[ tali N A(R,trpU�t i P,11 • j6. Ar: u^ni �ttt7tti'l. i AM' . ;3A 0 CLERK OF COURT: REBECCA P. HOSAN Z Q U W a U) Cc O LL In U. c 0] Ir DC-18 (1/90) NOV 1 0 2005 ` C:) CA 050026393 Co THIS DEED OFDEDICATION, made and dated this 9 day of. November, 2005, by and between ORANGE PARTNERS, LLC a Virginia limited liability company, of the first part, hereinafter called the "Declarant";COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, of the second part, hereinafter called "VDOT"; and FREDERICK COUNTY SANITATION AUTHORITY, a Virginia corporation organized and existing under the provisions of the Virginia Water and Sewer Authorities Act (Section 15.1-1239, et seq., Code of Virginia, 1950, as amended), of the third part, hereinafter called "FCSA";. WHEREAS, the Declarant is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat of Kernstown Commons by Cory M. Haynes, L.S., dated March 5, 2005 and revised October 17, 2005, which Plat is attached hereto and incorporated herein by reference as if set out in full. This real estate is the same real estate conveyed to the Declarant by that certain deed recorded as Instrument No. 040010118, among the land records of the County of Frederick, Virginia; and WHEREAS, said real estate, as shown on the attached Plat, has been subdivided into lots for commercial development, and the attached Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also shows certain private access easements, traffic signalization easements, sign easements, drainage easements, a storm water detention and ponding easement, water line easements and sanitary sewer easements, all of which shall constitute a portion of that development known as Kernstown Commons; and WHEREAS, the Subdivision of Kernstown Commons, as shown on the attached Plat, is with the free consent and in accordance with the desires of the. Declarant, and the Declarant further*desires to subdivide the aforesaid real estate in accordance with the provisions of Article 6, Title 15.2 (Land Subdivision and Development) of the Code of Virginia as applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: Page 1 of 10 That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid by FCSA to the Declarant and by VDOT to the Declarant, and other good and valuable consideration, receipt whereof is hereby acknowledged, the Declarant does hereby subdivide, grant and convey as follows: 1. Recitals. The Recitals are incorporated herein by this reference as though set forth at length. 2. Subdivision of Kernstown Commons. The Declarant does hereby subdivide all of that certain tract or parcel of land designated as "Kernstown Commons" lying and being situate in the Shawnee Magisterial District, County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Kemstown Commons by Cory M. Haynes, L.S., dated March 5, 2005 and revised October 17, 2005 which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. Said Final Subdivision Plat is hereinafter referred to as the "Plat." 3. Private Access Easements. The Declarant hereby grants, dedicates and reserves, for the benefit of each individual Lot set forth on the attached Plat, a perpetual easement for ingress and egress of pedestrians and vehicles entering and exiting . Kernstown Commons from U.S. Route 11 (Valley Avenue) and entering, exiting and accessing each Lot therein in those areas of varying width designated as "PRIVATE ACCESS ESMT" on Sheets 5, 6, 7, and 8 of the Final Subdivision Plat of Kernstown Commons attached hereto (the "Private Access Easements"), together with a temporary construction easement ten feet (10') in width adjacent thereto. These easements shall ran with the land. The said temporary construction easements grant to the Declarant the right to enter upon them to the extent necessary for and during the original construction and installation of the roadway, curb, guttering, sidewalk, traffic and other associated improvements required by all governmental bodies having jurisdiction over said construction.. The temporary construction easements shall expire upon completion of construction of the roadway and associated improvements to the satisfaction of all governmental bodies having jurisdiction over said construction. Page 2 of 10 . d The Private Access Easements shall be maintained by the property owners in Kernstown Commons in accordance with that certain Declaration of Easements Covenants and Restrictions of Kernstown Commons recorded in the land records of the County of Frederick, Virginia and as may be amended from time to time. 4. SiLmalization Easements Granted to VDOT. The Declarant hereby grants. and conveys to VDOT perpetual easements for the construction, installation and maintenance of traffic signalization devices and signs in those areas designated as "SIGNALIZATION ESMT." on Lot 1 and Lot 8 (Sheet 5) and Lot 6 and Lot 5 (Sheet 8) of the attached Plat (the "Signalization Easements"). The Signalization Easements herein conveyed grant to VDOT the perpetual right to construct, install and maintain traffic signaaation devices and signs, including the right to go on, over and upon the said Signalization Easement for the purpose of constructing, installing, maintaining; repairing and replacing the same as needed. The Declarant, on behalf of itself, its transferees, successors and assigns, retains the right to use the land subject to the Signalization Easements acquired herein in any manner which shall not interfere with the use and enjoyment of the rights granted herein to VDOT. The Declarant, on behalf of itself, its transferees, successors and assigns, shall at all times have the right to cross over and upon the Signalization Easements and to use the surface over the easements in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the traffic signalization devices and signs, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Signalization Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires VDOT to disturb the surface of the ground or improvements to the property, it shall be the obligation of VDOT to restore the same to its condition prior to being so disturbed at VDOT's expense. 5. Reservation of Sign Easements. The Declarant hereby reserves unto Page 3 of 10 itself, its transferees, successors and assigns, perpetual easements for the construction, installation and maintenance of signs relating to Kernstown Commons and the owners and/or the tenants of the property therein, located in those areas designated as "SIGN ESMT." on Lot 8 (Sheet 5), Lot 3 (Sheet 7) and Lot 7 (Sheet 8) of the attached Plat (the "Sign Easements"). The Sign Easements reserved herein reserve to Declarant the perpetual right to construct, install and maintain signs, including the right to go on, over and upon the Sign Easements for the purpose of constructing, installing, maintaining, repairing and replacing the same as needed. The sign easement reserved on Lot 8 shall be limited to the perpetual right to construct, install and maintain a monument sign only on the area set forth. on Sheet 5 of the attached plat and designated as "20' x 40' SIGN ESMT." The owners of Lots 8, 3 & 7, their transferees, successors and assigns, shall at all times have the right to cross over and upon the Sign Easements and to use the surface over the easements in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the signs, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Sign Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires Declarant, its transferees, successors or assigns to disturb the surface of the ground or improvements to the property, it shall be the obligation of the Declarant, its transferees, successors or assigns, to.restore the same to its condition prior to being so disturbed at Declarant's expense or at the expense of Declarant's transferees, successors or assigns, as the case may be. The Sign Easements and sign located thereon shall be maintained by the property owners in Kernstown Commons in accordance with that certain Declaration of Easements Covenants and Restrictions of Kernstown Commons recorded in the land records of the County of Frederick, Virginia and as may be amended from time to time. 6. Reservation of Storm Water Drainage Easements. The Declarant Page 4 of 10 hereby reserves unto itself, its transferees, successors and assigns, and for the benefit of each and every Lot located in Kernstown Commons, non-exclusive, perpetual easements for the construction, installation and maintenance of storm water drainage facilities located in those areas designated "STM ESMT" of varying widths on Sheets 9, 10, 11, and 12 of the attached Plat (the "Drainage Easements"). These Drainage Easements shall run with the land. The Drainage Easements reserved herein reserve to the Declarant and for the benefit of each and every Lot in Kernstown Commons, a non- exclusive, perpetual right to install, lay and maintain such facilities necessary to each drainage easement, and includes the right to go on, over and upon each easement for the purpose of installing, laying, maintaining, repairing and replacing the facilities. The owners of the Lots subject to the Drainage Easements, their transferees, successors and assigns, shall at all times have the right to cross over and upon the Drainage Easements and to use the surface over the easements in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the drainage facilities, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Drainage Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires Declarant, its transferees, successors or assigns (or any other beneficiary) to disturb the surface of the ground or improvements to the property, it shall be the obligation of the Declarant, its transferees, successors or assigns (or such other beneficiary) to restore the same to its condition prior to being so disturbed at Declarant's expense or at the expense of Declarant's transferees, successors or assigns (or such other beneficiary) as the case may be. The Drainage Easements and storm water drainage facilities thereon shall be maintained by the property owners in Kernstown Commons in accordance with that certain Declaration of Easements Covenants and Restrictions of Kernstown Commons recorded in the land records of the County of Frederick, Virginia and as may be Page 5 of 10 ` n `� C i M W amended from time to time. 7. Reservation of Storm Water Detention and Ponding Easement. The Declarant hereby reserves unto itself, its transferees, successors and assigns, and for the benefit of each and every Lot located in Kernstown Commons, a non-exclusive, permanent drainage, detention and ponding easement designated as "SWM ESMT" on Lot 2 (Sheet 10) of the attached Plat (the "Detention and Ponding Easement"). This easement shall run with the land. The Detention and Ponding Easement reserved herein reserves to the Declarant, and for the benefit of each and every Lot in Kernstown Commons, a non-exclusive, perpetual right to install, lay and maintain such facilities necessary to the Detention and Ponding Easement, and includes the right to go on, over and upon the easement for the purpose of installing, laying, maintaining, repairing and replacing the facilities. The owners of Lot 2, their transferees, successors and assigns, shall at all times have the right to cross over and upon the Detention and Ponding Easement and to use the surface over the easement in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the detention, ponding and drainage facilities, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Drainage Easements unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires Declarant, its transferees, successors or assigns (or any other beneficiary) to disturb the surface of the ground or improvements to the property, it shall be the obligation of the Declarant, its transferees, successors or assigns (or such other beneficiary) to restore the same to its condition prior to being so disturbed at Declarant's expense or at the expense of Declarant's transferees, successors or assigns (or such other beneficiary) as the case may be. The Detention and Ponding Easement and storm water drainage facilities thereon shall be maintained by the property owners in Kernstown Commons in accordance with that certain Declaration of Easements Covenants and Restrictions of Page 6 of 10 Kernstown Commons recorded in the land records of the County of Frederick, Virginia and as may be amended from time to time. 8. Drainage Easement Granted to VDOT. The Declarant hereby grants and conveys to VDOT a non-exclusive, perpetual easement for the construction, installation and maintenance of storm water drainage facilities located in that area designated "25' STM ESMT HEREBY DEDICATED TO COMMONWEALTH OF VIRGINIA" on Lotl and Lot 2 (Sheet 9) and a non-exclusive, permanent drainage, detention and ponding easement designated as "SWM ESMT" on Lot 2 (Sheet 10) of the attached Plat (the "VDOT Drainage Easement"). The VDOT Drainage Easement shall run with the land. The VDOT Drainage Easement herein grants to VDOT a non- exclusive, perpetual right to install, lay and maintain such facilities necessary to the easement, and includes the right to go on, over and upon each easement for the purpose of installing, laying, maintaining, repairing and replacing the facilities. The owners of the Lot 1 and Lot 2, their transferees, successors and assigns, shall at all times have the right to cross over and upon the VDOT Drainage Easement and to use the surface over the easement in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the drainage facilities, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the VDOT Drainage Easement unless by mutual consent of the parties or their successors.* Whenever the enjoyment of its rights hereunder requires VDOT to disturb the surface of the ground or improvements to the property, it shall be the obligation of VDOT to restore the same to its condition prior to being so disturbed at VDOT's expense. As evidenced by its signature to the Plat attached Hereto, VDOT vacates, terminates and extinguishes it rights in that certain easement designated as "COMMONWEALTH OF VA PERMANENT CONSTRUCTION & MAINTENANCE ESMT." (Sheets 5 and 6) on the attached Plat as provided by § 15.2- 2265 of the Code of Virginia, as amended. Page 7 of 10 ` C7 Cn 9. Waterline Easements Granted to FCSA. The Declarant hereby grants and conveys to FCSA permanent water line easements of varying widths, together with a temporary construction easement ten feet (10') in width adjacent thereto, the permanent easements being designated as "WTR ESMT." on Sheets 13, 14, 15, and 16 of the attached Plat (the "Water Easements"). These easements shall run with the land. The Water Easements herein conveyed grant to FCSA the perpetual right to install, lay and maintain a water main, including the right to go on, over and upon the said Water Easement for the purpose of installing, laying, maintaining, repairing and replacing the same as needed. The water main shall be installed, laid and maintained below the surface of the ground. The owners of the Lots subject to the Water Easements, their transferees, successors and assigns, shall at all times have the right to cross over and upon the Water Easements and to use the surface over the easements in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the water line facilities, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Water Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires FCSA to disturb the surface of the ground or improvements to the property, it shall be the obligation of FCSA to restore the same to its condition prior to being so disturbed at FCSA's expense. 10. Sanitary Sewer Easements Granted to FCSA. The Declarant hereby grants and conveys to FCSA permanent sanitary sewer easements of varying widths, together with a temporary construction easement ten feet (10') in width adjacent thereto, the permanent easements being, designated as "SAN ESMT." on Sheets 13, 14, 15, and 16 of the attached Plat (the "Sewer Easements"). These easements shall run with the land. The Sewer Easements herein conveyed grant to FCSA the perpetual right to install, lay and maintain a sewer main, including the right to go on, over and upon the said Sewer Easement for the purpose of installing, laying, maintaining, repairing and Page 8of10 C) .. C37 CrIs replacing the same as needed. The sewer main shall be installed; laid and maintained below the surface of the ground. The owners of the Lots subject to the Sewer Easements, their transferees, successors and assigns, shall at all times have the right to cross over and upon the Sewer Easements and to use the surface over the easements in such manner as will neither injure nor unreasonably interfere with the construction, operation or maintenance of the sewer facilities, including, but not limited to the construction of parking lots, curbs, curb cuts, asphalt tops, landscaping and like improvements. Notwithstanding the foregoing, no building or other structure shall be erected over or upon the Sewer Easement unless by mutual consent of the parties or their successors. Whenever the enjoyment of its rights hereunder requires FCSA to disturb the surface of the ground or improvements to the property, it shall be the obligation of FCSA to restore the same to its condition prior to being so disturbed at FCSA's expense. 11. Conveyance of Outlot A to FCSA. The Declarant does hereby grant and convey, with Special Warranty, unto FCSA, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of land, containing approximately .0532 acres, more or less, and designated as "OUTLOT A" (Sheet 6) on the attached Plat, reference to said Plat is hereby made for a more particular description of the property, said property being a portion of the property conveyed to the Declarant by deed recorded at Instrument No. 040010118 in the Clerk's Office of the Circuit Court for Frederick County, Virginia. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signature and seal on the date first above written: ORANGE PARTNERS,. LLC, a Virginia Limited Liability Company By:(SEAL) Manager/Member Page 9 of 10 01 STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit; The foregoing instrument was acknowledged before me this ��ay of November, 2005, by n.� ,� q nq 6 , as Manager/Member of ORANGE PARTNERS L L C., a Virginia Limited L b ty Company, on behalf of said Company. My commission expires �� 3D Oy Notary Public Yo IN, Page 10 of 10 w,^w rvarrx. F Nm E i r�r`"° ,� Y2�'a.. �'`�'t.� � '� 3�•'� of ,°1t' �wx ,° ,t i Ftt3 I f i tee &11 ,, { y t �j ( Nt L: c,o...5 ,"..1 «..,,�. aix,�T '+"' 1...r'ii��'/' S, r. `1. ,�Tf * ,,�.a'�..,. r „ ;'�` e,. , u: e �,,, a '�... 9" 3➢0`L VICINITY MAP SCALE: 1" = 1,000' APPROVED EIY: FREDERICK COUNTY SUBDIVISION ADMINISTRA FREDERICK COUNTY SANITATION AUTHO VIRGINIA DEPARTMENT OF TRANSPMTATION m DATE DATE DATE //- 3 •_ 0 OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF THE PROPERTY OF ORANGE PARTNERS, LLC, AS APPEARS ON THE ACCOMPANYING PLATS AND THE CONVEYANCE IN FEE SIMPLE OF OUTLOT A (SHOWN HEREIN) TO FREDERICK COUNTY SANITATION AUTHORITY, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. f 1 7 oS ATE NOTARY PUBLIC STATE OF \I 1( C� N r % � 0-� CITY/�Y OF ws •"`C"FQREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY OF QA L MY COMMISSION EXPIRES 3� (N0�\�4R `uPF1BLIC) (DATE) A' SURVEYOR'S CERTIFICATE I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO ORANGE PARTNERS, LLC BY DEED RECORDED AT INSTRUMENT #040010118 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. ALT I -I OF Cl FINAL SUBDIVISION PLAT %�--� KERNSTOWN COMMONS U SHAWNEE MAGISTERIAL DISTRICT CORY M. HAYNES Y FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: AS SHOWN DATE: MARCH 16, 2005 3 REVISED: OCT. 17, 2005 0 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION o IFOO 9�D SUVO4 CONSULTING117 E PICCAD LLYERING - LAND STREET, WINCCHES ER,YIVIRGINIAL22601G (540) 667-2139 SHEET 1 OF 16 CO Cil AREA SUMMARY TOTAL DEVELOPMENT AREA: 31.5242 ACRES (AS NOW COMPUTED, SEE NOTE 2) AREA CONVEYED TO FCSA (OUTLOT A): 0.0532 ACRES AREA IN LOTS: 31.4710 ACRES NUMBER OF LOTS: 8 AVERAGE LOT SIZE: 3.9339 ACRES SMALLEST LOT SIZE: 0.9065 ACRES PARENT PARCEL 75--((A))-10, ZONED: B-2, USE: VACANT NOTES 1. PROPERTY INFORMATION AND MERIDIAN SHOWN HEREIN ARE BASED ON THE BOUNDARY SURVEY OF TI-117 LAND OF ENGLE PROPERTIES, INC. (CERTIFIED PLAT) PREPARED BY MARSH & LEGGE LAND SURVEYORS, P.L.C., DATED 02-09-04 ATTACHED TO THE CERTAIN DEED (OF CONVEYANCE) TO ORANGE PARTNERS, LLC RECORDED AS INSTRUMENT #040010118 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. (SEE NOTE 2) 2. WITH REFERENCE TO THE DEED OF CONVEYANCE AND CERTIFIED PLAT IDENTIFIED IN NOTE 1. THE BEARING AND DISTANCE N29'34'20"E, 120.76' SHOWN ON SAID PLAT HAS BEEN COMPUTED TO ACTUALLY BE N29'40'47"E, 1386.07'. THE ARE=A HAS BEEN COMPUTED TO ACTUALLY BE 31.5242 ACRES. 3. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT FOR THE ENTIRE SUBJECT PROPERTY. 4. PERMANENT MONUMENTATION TO BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. CURVE TABLE CURVE RADIUS DELTA LENGTH TANGENT BEARING CHORD Cl 68.00' 39'59'31" 47.46' 24.74' N40'19'28"W 46.51' C2 62.00' 39'59'31 " 43.28' 22.56' S40'19'28"E 42.40' C3 68.00' 16'03'04" 19.05' 9.59' N52'17'42"W 18.99, C4 68.00' 23'56'27" 28.41' 14.42' N32'17'56"W 28.21' C5 435.00' 42*12'44" 320.48' 167.91' N13'57'02"W 313.28' C6 300.00' 67*29'17" 353.37' 200.41' N18'26'08"E 333.29' C7 13.51' 92'03'57" 21.71' 14.00' S73'38'17"W 19.45' C8 48.50' 39-59-31" 33.85' 17.65' N40'19'28"W 33.17' C9 1829.86' 03'48'35" 121.67' 60.86' S25-11'48"W 121.65' ALT I 1 OF o� Gf� C) CORY M. HAYNES v No. 2.539 � 10117/0-S FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 16, 2005 REVISED: OCT. 17, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 2 OF 16 3 0 0 m D N 0 ro N LINE TABLE LINE BEARING L1 S57'34'12"E --LENGTH 192.87' L2 S60'19'13"E 5.99' L3 S29'40'47"W 42.50' L4 S13'05'47"E 77.92' L5 S56'21'17"E _ 99.07' L6 S06'04'41 "W 114.68' L7 S06'23'34"E 85.36' L8 S60'19'1 YE 228.00' L9 S07'47'17"W 16.72' L10 S29'48'26"W 92,00' L11 S60'44'18"E 166.47' L12 N60'19'13"W 18.00, L13 N04'42'44"E _ 106.13' L14 S20'19'43"E 94.17' L15 N60'58'43"E 107.23' L16 S59'58'21 "E 192.82' L17 N68'09'37"E _ 96.31' L18 S29'17'31 "W 59.67' L19 N59'40'19"W 44.17' L20 S29'40'47"W - 194.67' L21 S45'29'39"W 36.07' L22 S27'31'13"W 149.98' L23 S26'24'19"W 77.34' L24 N32'27'18"E _ 189.04' L25 N60'19'13"W 154.68' L26 S26'19'38"W 73.87' L27 N21'43'36"W _ 74.92' L28 S65'26'55"E 107.14' L29 N60'58'47"W 110.67' L30 N11'52'42"W 45.83' L31 S29'45'07"W 186.06' L32 S60'19'13"E 34.00' L33 S29'40'47"W _ 149.30' L34 S72'45'43"W _ 176.05' L35 S02'1O'12"E _ 115.87' L36 S20'38'12"E 67.15' L37 S26'48'04"E _ 109.11, L38 S41'44'59"E 100.59' L39 N32'25'48"E 52.91' L40 S21'44'20"W 52.47' L41 S60'19'13"E 99.73' L42 S16'05'30"W 29.79' L43 N69'40'17"E 123.98' L44 N20'19'43"W 173.69' L45 N04'40'47"E 20.28' L46 N29'40'47"E 70.99' L47 _ N49'40'17"E 20.59' L48 N69'40'17"E 80.03' L49 S64'04'43"E 21.21' L50 S16'00'34"E 121.51' L51 S69'40'17"W 91.18' L52 N60'19'13"W 105.15' L53 S69'40'17"W 20.00' L54 S35'03'24"E 260.80' L55 N29'40'47"E 13.05' L56 _ S46'26'46"W 56.70' ALT H of Lf U CORY M. HAYNES 9 No. 2539 1c(17/os 4 9� SURv�� LINE TABLE LINE BEARING LENGTH L57 S29'40'47"W 1002.63' L58 N29'40'47"E 835.50' L59 S60'19'13"E 646.36' L60 S60'19'1 YE 53.00' L61 S74'40'47"W 39.50' L62 S60'19'13"E 54.08' L63 N07'09'20"E 114.05' L64 S29'40'47"W 725.97' L65 S60'19'1 YE 154.61' L66 S37'48'52"E 20.67' L67 _ S84'22'03"W 19.95' L68 S52'1O'47"W 98.20' L69 S74'40'47"W 20.46' L70 N37'49'13"W 15.44' L71 N60'19'13"W 186.65' L72 S52'08'16"W 61.32' L73 N60'19'13"W 28.00' L74 S60'19'13"E 30.00' L75 N60'19'13"W 280.00' L76 S15*19'1 YE 34.14' L77 N74'40'47"E 11.76' L78 N60'19'13"W 185.86' L79 N60'19'13"W 188.36' L80 S29'40'47"W 22.00' L81 S6019'1 YE 185.86' L82 S15*19'1 YE 34.14' L83 S29'40'47"W 895.56' L84 S74'40'47"W 10.63' L85 N60'19'13"W 2.49' L86 N60'19'13"W 240.00' L87 N29'40'47"E 577.00' L88 S60'19'1 YE 270.00' L89 S29'40'47"W 92.00' L90 S60'19'1 YE 408, 36' L91 NO3'35'13"W 46.72' L92 N60'19'13"W 45.58' L93 N53'07'13"W 105.95' L94 S60'19'13"E 238.85' L95 N69'08'51 "E 218.71' L96 S60'04'21 "E 122.93' L97 N67*08'15"W 122.87' L98 S46'49'19"W 110.54' L99 N29'40'47"E 311.44' L100 S29'40'47"W 48.50' L101 S60'19'13"E 44.00' L102 N68'20'22"E 6.40' L103 N29'40'47"E 43.50' L104 S60'19'13"E 48.00' L105 S60'19'1 YE 53.00' L106 N60'19'13"W 53.00' L107 S20'19'43"E 42.51' L108 S29'40'47"W 21.66' L109 S60'19'1 YE 25.00' L110 S60'19'13"E 25.00' L111 S60'19'13"E 46.64' c-n __J CD FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: MARCH 16, 2005 REVISED: OCT. 17, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 3 OF 16 KEY SHEET 0 c.n 0.� FINAL SUBDIVISION PLAT cl KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CORY M. HAYNES 9 SCALE: 1"=200' DATE: MARCH 16, 2005 3 No. 2539 REVISED: OCT. 17, 2005 0 �o 117/05 PATTON HARRIS RUST & ASSOCIATES conA PROFESSIONAL CORPORATION N CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 4 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 9� S«VO (540) 667-2139 ro SHEET 4 OF 16 N vr'71-• SEE SHEETS 9 AND 13 FOR ADDITIONAL EASEMENTS. CD u� Z� tv 0 STATE ROUTE 37 DB 275, PG 318 DB 361, PG 61 4 0 R/W VARIES 5.0' PARKING Q z - _ _ T�v- 9 S57'34'f12"ESETBACK 28830.79'TOT.- _ 542.10 JzU (1cl-Q Q O z- > �I BUILDING h o z �� inSf=TRACK o Uzl-� I 4702 cn cQ �wofW LOT 1 wzoinmIO n N n M F— ��..._ LOT 2 w I wl 5.9899 Ac. 0- 5.0'— I \w PARKING �� I }' SETBACK ++ _._.,.._._._ ._. W L 25' 67' PRIVATE J L I ACCESS ESMT. S69'40'17"W 12.37' L91 Q ( N60'19'13"W 261.60' C4 > � N 258.36 � ° C� W � 125'I� ! C% ��h 30.50' l a> Q H- N 186.86' N co ry N60'19'13"W m z w o zo L92 "� Uv I/�/ �� 170.00' Lv o 0 a' 40 ~ t\ J I— In- 0.2 N LOT 8 D xw a w 1.3794 Ac. ►� o C2 L8 0 o L z z N 0) 12.00' IN N (n 25' PRIVATE o N o� N �CCESS ESMT. N 12.5' co N60'19'13"W 12.5' 0 258.36' `� 50.0' ~~ -TI BUILDING SETBACK II LOT 7 00 r` 0 1.0132 Ac. 0 0 LOT 4 w 8.1741 Ac. _ N in fl (n 0 N60'19'13"W 258.36' Lw ;t — — — Cn °i SEE SHEET 8 z LOT 6 $ N,-T H OF �'t� FINAL SUBDIVISION PLAT �. �� KERNSTOWN COMMONS 0 Z SHAWNEE MAGISTERIAL DISTRICT U CORY M. HAYNES Y FREDERICK COUNTY, VIRGINIA SCALE: 1=100' DATE: MARCH 16, 2005 0 GRAPHIC SCALE No. 2539 REVISED: OCT. 17, 2005 0 0 50 100 200 �o�!?%OS PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION D C 4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING - 9�� s[JFZv � 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 100 ft. ♦ (540) 667-2139 °° SHEET 5 OF 16 SEE SHEETS 10 AND 14 FOR ADDITIONAL EASEMENTS. 0 L w cn COMMONWEALTH OF VA PERMANENT CONSTRUCTION & MAINTENANCE ESMT. DB 361, PG 61 STATE ROUTE 37 DB 434, PG 320 DB 442, PG 778 DB 275, PG 318 HEREBY VACATED DB 361, PG 61 , R/W VARIES 5.0 S57'34'12"E PARKING 830.79� 12T. �SETBAC \542.103 w OUTLOT A —� I) 0.0,532 Ac. HEREBY CONVEYED TO FCSA IN FEE SIMPLE —50.0' V D H BUILDING CMF SETBACK —� � LIMITS OF USE AREA INST #050015490 01Cn II LOT 5.9899 Ac.'`� 5.0' PARKING SETBACK S60'21'01 "E L102 . -� 22.00' I N L101 0 20' FCSA l ACCESS ESMT. 30.50' N60'19'13"W o 1a.5o' 12.50' N60'19'13"W o L2 __ 170.00' =� L104.1 _ _ 283.87' _ Z I tt 501.87' z co m fTl L8 } N \N X 12.00' 25' PRIVATE J cCn � CD � ACCESS N N � N ' O Fn _{ I ESMT. o `n CD � � C) r J I —1 V) 41 J II Co �\ O 00 O II— 0 I I �- LOT 4 ? LOT 3 II rl- 8.8117 Ac. Li8.1741 Ac. I Cn w r, 50. 0' I v) © BUILDING SETBACK VDH (\1 C M F v1 � SEE SHEET 7 v W ('C-)CORY FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT M. HAYNES FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 GRAPHIC SCALENo. 2539 REVISED: OCT. 17, 20050 50 too 20�CliPATTON HARRIS RUST & ASSOCIATES mA PROFESSIONAL CORPORATION :D CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �!D SURv�(�4� 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 1 inch = 100 ft. ♦ (540) 667-2139 SHEET 6 OF 16 N SEE SHEET 6 I Cn o U1 (J) J J O 'I,� o -T1 o C Io T-1 1'1 70 \O n LOT 3 8.8117 Ac 65' X 80'- 12.00' SIGN ESMT. ACCESS - ESMT. Io D O Co 3. N60'19'13"W 198.00' :4-- N 50. 0' N N BUILDING SETBACK LIMITS OF USE AREA INST #050015490 212.07' N 8"W _ 984.47' (TOT.) 511.49' 5.0' PARKING 75—((A))-11 C SETBACK N/F MILLER AUTO SALES, INC. AND DEALERSHIP MANAGEMENT COMPANY, LLC INST. #040016095 ZONE: B-2 USE: COMMERCIAL SEE SHEETS 11 AND 15 FOR ADDITIONAL EASEMENTS. GRAPHIC SCALE ' 0 50 too 200 1 inch = 100 ft. W I VD CMF Z { �N �Wm (01 CA INN < �`A >�D 6 cmn c,, M VDH ! 00 CMF I--- 5.0' PARKING SETBACK 65' lI FINAL SUBDIVISION PLAT KERNSTOWN COMMONS A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 3 REVISED: OCT. 17, 2005 0 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION N CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 00 (540) 667-2139 SHEET 7 OF 16 N W Y oI � W Z o o J H00 Q N ��w J Qw z �> �— cD fi25' O � 25' Q-1 C/i w Z O i� F- O J Cn I Q W N z Z V) N 5.0'— I.r PARKING SETBACK 50.0'- BUILDING SETBACK LOT 7 1 SEE SHEET 5 _N60'19'13"W 258.36' 245.0000' 1 13.36'- LOT 6 12.s 0.9065 Ac. (20'X40' SIGN ESMT. 245.00' N60019— 1' 13 W 258.3E r 6' 0 Ln4 4 N 3.36' LOT 4 8.1741 Ac. VARIABLE WIDTH / PRIVATE ACCESS ESMT. 3.36' l �' --L II cn ul [` I— w w LLJ LLJ VARIABLE WIDTH I o L$- PRIVATE I 00 ACCESS ESMT. d' LOT 5 a 2.7260 Ac. I o I� N N60.19'13"W 198.00' (TOT.) I ul N N I �I LOT 3 �I 260.91► •�0 `VDH CMF I (N55'W, 0.4') --f ? 2.07, 0 �-"" -- 511. 49 I 5 0' N52•18. 8 --- �— - PgRKING 98447,��TOT)) SETBACK 75-((A))-11C N/F MILLER AUTO SALES, INC. AND DEALERSHIP MANAGEMENT COMPANY, LLC INST. #040016095 ZONE: B-2 USE: COMMERCIAL SEE SHEETS 12 AND 16 FOR ADDITIONAL EASEMENTS. GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 3 REVISED: OCT. 17, 2005 0 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION U) CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 2 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 00 (540) 667-2139 SHEET 8 OF 16 N SEE SHEETS 5 AND 13 FOR ADDITIONAL EASEMENTS. C7 z ---j m STATE ROUTE 37 D8 275, PG 318 D8 361, PG 61 R/W VARIES i-.nmj 377.28' LOT 125' STM ESMT. NHEREBY DEDICATEDTO COMMONWEALTH 01. VIRGINIA 20' 1.94 STM ESMT. LOT 2 0 Li— Z— —� L12 Y — I- -Ln N w 0 o = W I Cd 1 J 120' L11 w Q STM ESMT. 20' STM cn L10 ESMT. I Q 1-97 y > — h L16 0� m w I L96 STM ESMT. W � � 20 I LOT 3 I— D 10' L9 — — 70 �' 20' Of �� LOT 8 N STM ESMT. L5 O o I 10 L30 — — J O LOT 4 c- 20' STM �- ESMT. w /0!0, _ LOT 7 I cn Li 20' STM ESMT. v0 20' L32 SEE SHEET 12 ESMT. LOT 6 I I ��� ELT H of Gf p �� �� ,fly FINAL SUBDIVISION PLAT ,� KERNSTOWN COMMONS O SHAWNEE MAGISTERIAL DISTRICT CORY M. HAYNES a FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No. 2539 SCALE: 1"=,00' DATE: MARCH ,s, zoos o REVISED: OCT. 17, 2005 0 o so ioo zo 10117/05 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION N 4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �.t 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 � 1 inch = 100 ft. S ,D SURv� N (540) 667-2139 SHEET 9 0F 16 I SEE SHEETS 6 AND 14 FOR ADDITIONAL EASEMENTS. C� Cn k �a o z�0 '.1S TA TE ROUTE 37 DB 275, PG 318 DB 361, PG 61 R/W VARIES 377,28' _ 90.64' 01 0-) I— "'- ,�, LOT 2 LLJ u= �� SWM ESMT. �So s \ LL w 24.32' 20' STM ESMT. v �I to _ J OU TLOT A N L16 0 / o Y 37.99' 243.19' 20' STM I Z ESMT. 00 o � - - Go rn 0 :U 10' L19 10'— D °' J I I �Wm Iw 00 00 w LOT 4 I LOT 3 C _ � I I J I 20' STM ESMT. 04 IISEE SHEET 11 _....._ ��� ELT H OF Gr �1 N �f v CORY M. HAYNES v GRAPHIC SCALE No.2539 0 50 100 200 10117%05 4 1 inch = 100 ft. 004ASURV� FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 REVISED: OCT. 17, 2005 )PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION DNSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 10 OF 1( 3 0 0 m D U) 0 'r Fo SEE SHEET 10 CD Cn cr-) CN f— LOT 4 STM LOT 3 LLJ ESM T. W NI = N Cn J W I Lw t� N J 10'` 20'- 1 D'--- � STM rl '�� ESMT. i o ,25.41' �° �° L34 L25 � I � 20' N S TM 20i�t J ESMT. STM 10, 10 �—ESM I I I I I r- SEE SHEETS 7 AND 15 FOR ADDITIONAL EASEMENTS. I I, 0--q �Wm to <' --q �G D m —I cn cw m 00 00 ��� �,LT H OF P. FINAL SUBDIVISION PLAT � .4 IL._.. ��'� KERNSTOWN COMMONS USHAWNEE MAGISTERIAL DISTRICT CORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No. 2539 SCALE: 1"=,00' REVISED: MAOCT.1 , 005 0 50 100 200 Io117/6& PATTON HARRIS RUST & ASSOCIATES Co A PROFESSIONAL CORPORATION N 0 q�p SuRvl& 4 C 117 E TING PICCADILLYERING - LAND STREET, WINCHES ER SURVEYING VIRGINIAL22601G 1 inch = 100 ft. 0 (540) 667-2139 SHEET 11 OF 16 I LOT 7 1 CD o --1 �a 20' STM I / 20' ESMT. �. STM ESMT. o� SEE SHEET 9 L32 0) -- -- J 10' W Y --10' L40 20' LOT 4 EL 12 94'-- 1- � LOT 6 ESMT. L42 I 1TM, J I L56ESMT. 70 1 w I— L93 / T - I C C/ cD N � 20'w L29 STM Cw > I �� ESMT. cfl 125.41' L28 MIX 20' I a o LLJ 0 STM ( �_34 L25 ESMT. c° LOT 5 C1420' STM 0 LU— ESMT. vi I � I I I I LOT 3 I I _ _ SEE SHEETS 8 AND 16 FOR ADDITIONAL EASEMENTS. GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16. 2005 3 REVISED: OCT. 17, 2005 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION N 0 DNSULTING ENGINEERING — LAND SURVEYING — PLANNING 0 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 00 (540) 667-2139 SHEET 12 OF 16 SEE SHEETS 5 AND 9 FOR ADDITIONAL EASEMENTS. ui I ' SAN o, y 20 ESMT, 10'LOT 8 ��10 1 o'—I 20 WTR ESMT. L109 0. LOT 7 20' WTR ESMT. L110 SEE SI-11=ET 16 LOT 6 - --lLAA-- 1�LT H OF o A, O STATE ROUTE 37 DB 275, PG 318 DB 361, PG 61 20' R/W VARIES 0 0 ESMT. L1 I \ I LOT 1 20' WTRrq — ESMT. N t0L45 20 10, ESMT. __ I 10' 2O' W-I-R ESMT. 1.108 WTR & 10'- 0o SAN ESMT. o 31,64 N o; —20' 79.54' I 210.00' L59 40' 0 SAN ESMT. I u') .J IM Imo' 0 0 4s4 LOT 2 ,moo WTR ESMT. C5 WT ESMT. L53 , WTR ES.1 MT. L55 :, 10' 10'- 10 i o' 20' SAN L52 ESMT. 165.07' 225.75' SAN ESMT. LOT 4 �t- S� w ESMT. w Ul 00 w Gr FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT U CORY M. HAYNES Y FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No.2539 0 50 100 200 b t7lOS lq�� SURV�jo 1 inch = 100 ft. •���N cn SCALE: 1"=100' DATE: MARCH 16, 2005 3 REVISED: OCT, 17, 2005 q PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION 07 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING o 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 00 SHEET 13 OF 16 SEE SHEETS 6 AND 10 FOR ADDITIONAL EASEMENTS. '.STATE ROUTE 37 DB 275, PG 318 DB 361, PG 61 R/W VARIES WTR ESMT. C5 F--o rtU-) �J 3-� O� �O C1,12 �W O �U) LLJ i - . 10N �,—SAN ESM T 40' - ESMT SAN L52--' L61 �- 20' T WTR ESMT. L62 i� LOT 4 Ft q 20'TWTR ESMT. L60 20' SAN ESMT. 00 q 20' 1 WTR I— ESMT. L105 Li- ESMT. WTR = ESMT. L73 o. 00 �a 1n Lj- SEE SHEET 15 GRAPHIC SCALE 0 50 100 2( 1 inch = 100 ft. LOT 2 I I A=41.97' I WTR ESMT. L63 --OUTLOT A I D D LOT 3 2 0' WTR ESMT. L66 L65 — o�. A=50.66' 20 WTR M T. 6ES C6 Z Co orn \N �--l� '�� 'nCA ^ �T 00 00 U FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 3 REVISED: OCT. 17, 2005 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION o CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 2 117 E. PICCADILLY STREET, WINCHESTER. VIRGINIA 22601 00(540) 667-2139 SHEET 14 OF 16 20'�W' TR ESMT. L105 20' WTR ESMT. L73 SEE SHEET 14 2 0' WTR N ESMT. L66 z L65 A=50.66cc (� 20' WTR s � M T. I I LOT 3 C6 10'-- 10, I 20' ESMT. T L75 I 20' 0 u, WTR 0 0 I ESMT. �c �40 00 40' WTR & o " ry. SAN ESMT. I--15' L69 FL 20'�WTR Q. 20' ESMT. L106 — ^o --20' L71 ^ 0_ 20' WTR ESMT. L70 w i I cn wl w cn I SEE SHEETS 7 AND 11 FOR ADDITIONAL EASEMENTS. I i I 2 0' ESMT I o J LOT 4 WTR ESMT, 30' WTR & L74 SAN ESMT, 0 20 �_o GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. Z o� M � V D�� x0D m cn C4 m 00 00 C3 CJI co r\3 ALT H OF Gf O A FINAL SUBDIVISION PLAT Cl KERNSTOWN COMMONS U SHAWNEE MAGISTERIAL DISTRICT GORY M. HAYNES 9 FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: 1 "=100' DATE: MARCH 16, 2005 3 REVISED: OCT. 17, 2005 0 PATTON HARRIS RUST & ASSOCIATES m D A PROFESSIONAL CORPORATION 1n 0 %� Vj j CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 0 SUR, T� I 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 15 OF 16 N vi i LOT 7 Co SEE SHEET 13, 10' --- 10'- I J 30' WTR & SAN ESMT. LOT 6 20' o W�ll� � ESMT. O 00 — — ( - J 20 6, 3g \ I I L 7 9 -' I \ I WTR ESMT. L80 00 30' WTR &Ln SAN ESMT. N 10' LOT 5 20' 20' SAN ESMT 20.56' �- 20' WTR ESMT, L111 1 1 W 0R ESMT L78 (,L 20'J WTR ESMT. L76 I oN N N W 00 J 20'_ 3 L77 CD 20' SAN Co ESMT. LOT 4 I 00 -J f LiJ LLJ _ Cn Li W 30' WTR & 2SSAN ESMT. 20' --10 L75 11-In 21 40' WTR & SAN ESMT. ---20' 2 0' 153.4 0' SAN ESMT. 20' Ln WTR ESMT. cc) toy--L I L81 I LOT 3 L84 I SEE SHEETS 8 AND 12 FOR ADDITIONAL EASEMENTS. GRAPHIC SCALE 0 50 100 2[ 1 inch = 100 ft. FINAL SUBDIVISION PLAT KERNSTOWN COMMONS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: MARCH 16, 2005 CD REVISED: OCT. 17, 2005 0 PATTON HARRIS RUST & ASSOCIATES m A PROFESSIONAL CORPORATION v=i CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 16 OF 16 CD c-rl co 4- VIRGINIA! FREDERICK COUNTY. SCI% This instrument of writing was produced to me on //' ` - Os at ° S P. M. and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec;. 58.1-802 of $ , aad 58.1-801 have been paid, if assessabiC GGt� , Clerk COMMONWEALTH OF VIRGINIA 1 t N-ZTCIAL RECEIPT C R.yt�� r.P: i rTrn{3,FT r' _ 1 K L: lLUl I Li3i: N O n��_D REGL.,E- cIfT 'N DATEa • Ir,'Ar, 1 £ l.erj rrn{i Te TIME: 1,`j �7 C 46.E}R�,iT02,.F;'sLl A %a Y- GT}Ti 3.?f3!'tr,�'�%y �).ivvv..}i: g _ ,.^ bu 1 _:. �n �,r�E:317,.{ ��rAL,�VN.• C] WE. P FAYERlEtiTI� INSTRUMENT : 0500263?2 BOOK: PAGE. RECORDED: Ii:C,? AT IF.:13 GRANTOR: ORANGE PARTNERS L±! EX. N LOC: EC ?AN;.. 3 RA _^.�_ -AR'NE-._ __- EX - !� PL— ivO AND ADDRESS_..c RECEIVED Or dRANSE PARTNERS CHEC.: $9I.0,; E. ' IPTION I: SH L-CT _ C";'�SIDEATION: .00 -.4. .:0 "-P: ?`-;-�1- PIN. 30I DEEDS 48.50 1,40, VSLF I.50 It'•6 TECHNO! TRUST FU 5.00 N TE•NDERED 9I.00 AMOUNT PAID: 5..L`1` N OJ n CHANGE AM) : 36.00 n CLERK OF COURT: REDE"A F. rHAN U }Z J Q U w a m N O rn LL rn m I DC-18 (1/90) �'! o 1 o r W 050026392 (J-1 KERNSTOWN COMMONS DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS THIS DECLARATION ' OF EASEMENTS, ,ti COVENANTS. AND RESTRICTIONS (this 'Declaration") is made as of this It -"day of &EmS2005, by ORANGE PARTNERS, LLC, a Virginia limited liability company ("Declarant"), with reference to the following facts: A. Declarant is the owner 'of all of the real property located in Frederick County, Virginia and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). B. The Declarant desires and intends for itself, and for its successors and assigns, to establish and impose- certain easements, covenants, rights, duties, obligations and responsibilities upon each Owner (as hereinafter defined) and Permittee (as hereinafter defined) of the Property, under a general plan of development and operation, with respect to the development, conduct, operation and maintenance of a phased and integrated mixed use commercial and residential development, including hotel(s), retail, office and residential uses, that will be binding upon each Owner and Permittee. NOW, THEREFORE, Declarant hereby declares that all and every portion of the Property and all interests therein, shall be held, sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed subject to the following declarations, limitations, easements, restrictions, covenants, and conditions, which are imposed as covenants running with the land and equitable servitudes pursuant to a general plan for the development of the Property, and which shall run with the Property and all interests in the Property and be binding on Declarant and its successors and assigns, and on all parties having or acquiring any right, title or interest in or to the described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. 1. Declaration and Definitions. Declarant, as Owner of the Property, hereby establishes and creates this Declaration for the benefit and burden of the Property and by this Declaration agrees to be bound by the same as hereinafter provided. In this Declaration, the following terms have the meanings set forth below: a. "Building" shall mean any permanently enclosed structure placed, constructed or located on a Lot, which for the purpose of this Declaration shall include any building appurtenances such as stairs leading to or from a door, transformers, trash containers or compactors, canopies, supports, loading docks, drive-thru lanes, truck ramps, and other outward extensions of such structure. b. "Building Area(s)" are those portions of the Property shown on Exhibit B attached hereto and incorporated herein by this reference as the initial locations within which Buildings may be constructed, placed or located. One or more Buildings may be located within a Building Area. Each 1 / Building Area shall be deemed to include the air space above the land area co included within such Building Area. Notwithstanding the foregoing to the contrary, the Building Areas to be located on Lots 3, 4 and 5 shall be determined from time to time by the Owner(s) of Lots 3, 4 and 5 with the prior written consent of the Declarant, which consent shall not be unreasonably withheld, provided that such locations do not (i) interfere with or adversely impact access, parking or any other rights otherwise granted to the other Owners herein , or (ii) interfere with the free flow of traffic_ in the Project. Declarant reserves the right. to designate additional Building Areas within the Property from time to time in accordance with. applicable law, (except in the "No -Build Area" as hereinafter defined and the "Protected Area" as hereinafter defined), provided that there is adequate parking to support such additional Buildings, and no Owner is deprived of the right to construct within those Building Areas previously designated as such. C. "Common Area" is all of the Property except for those portions of the Building Areas from time to time occupied by Buildings. Undeveloped land on the Property shall not be deemed to be Common Area. d. "CPI" means the Consumer Price Index -All Urban Consumers published by the Bureau of Labor Statistics, U.S. Department of Labor. Whenever in this Declaration the CPI is used, if the index ceases to be published, then such other index as may be published by the U.S. Department of Labor or other reliable governmental or other nonpartisan index intended to reflect general increases in the cost of living in the metropolitan area of Frederick County, Virginia or similar urban area, designated by Declarant. "Declarant" shall mean Orange Partners, LLC, and any successors and assigns thereof that (i) in whole or in part are assigned any of the rights or obligations of Declarant pursuant to a recorded written agreement, and/or (ii) expressly assume all of the rights and duties of the Declarant under this Declaration in a recorded written agreement f. "Floor Area" shall mean the aggregate of the actual number of square feet of space contained on each floor within a Building, as measured from the exterior faces of the exterior walls or store front and/or the center line of any common walls; provided, however, that the following areas shall not be included in such calculation: space attributable to any multi -deck, platform, rack or other multi -level system used solely for the storage of merchandise which is located above ground floor, any space used solely for Building ' utilities or mechanical equipment and any space used for outdoor seating and eating areas. Within thirty (30) days after receipt of a request therefore, an Owner shall certify to the requesting Owner the amount of Floor Area applicable to such Owner's Lot. During any period of rebuilding, repairing, replacement or reconstruction .2 of a Building, the Floor Area previously attributable to that Lot shall be deemed to be the same as existed immediately prior to such period. Upon completion of such rebuilding, repairing, replacement or reconstruction, the Owner owning such Lot shall cause a new determination of Floor Area for such Lot to be made in the manner described, above, and such determination shall be sent to any other Owner requesting the same. g. "Hotel Lot" shall mean Lot 2,which Lot may be used and operated from time to time as .a hotel. No other Lot may be used or operated for hotel purposes without the prior written consent of the Declarant, which consent may be granted or withheld in the Declarant's sole and absolute discretion. h. Land Area" means the square footage of the land area of a Lot as shown on the site plan approved by the appropriate governmental body. "Lot" shall mean any subdivided lot on the Property. Each Lot may be further subdivided into one or more Lots provided that such Lot(s) independently satisfy all of the requirements, of the applicable governmental authorities, including, without limitation, parking, and such subdivision does not have a material or adverse impact on the Project in the reasonable judgment of Declarant and does not change the "No - Build Area" or the "Protected Area" as hereinafter defined. "Mortgage" is any mortgage, deed of trust or sale -leaseback transaction involving fee title. k. "Mortgagee" is the person secured by a Mortgage or, in the case of a sale - leaseback, the purchaser/lessor. "No Build Area" shall mean those areas located on the Property as shown and designated as such on Exhibit C. In. "Outparcel" shall mean each of Lot 1, Lot 5, Lot 6, Lot 7, and Lot 8. n. "Owner" shall mean and refer to the record owner, whether one or more persons, of fee simple. title to any Lot or any part thereof. "Owner" shall include Orange Partners, LLC, or any future owner of fee simple record title to any Lot, but shall not include a Mortgagee unless or until it obtains fee simple title to a Lot or Lots within the Property. CD U-1 C3 o. "Permittees" are any Person from time to time entitled to the use and occupancy of all or any portion of a Building in the Project under an ownership right or under any lease, sublease, license, concession or other similar agreement, and the officers, directors, employees, agents, contractors, customers, vendors, suppliers; visitors, invitees, licensees, subtenants, and concessionaires of such Persons. P. "Person" means a natural person, a trustee, a corporation, a partnership, a limited liability company, and any other form of legal entity. q. Project" is the mixed use. commercial and residential development to be known as "Kernstown Commons" as more generally shown on Exhibit B. The Declarant makes no representation or warranty that Exhibit B as attached hereto shall not be changed or modified during the development process and as attached is only intended to show the general parameters of the Project. Declarant agrees that it will not change the No -Build Area.or the "Protected Area" as shown on Exhibit B without the prior written consent of all Owners. "Protected Area" is that area shown and identified- as such on Exhibit C containing certain entrances, exits and drive aisles on certain of the Lots. S. "Restricted Area" is that area shown and identified as such on Exhibit C. t. "Service Station Parcel" is Lot 1, which Lot may be used and operated from time to time as a major branded gasoline service station with 8 MPD gasoline pumps, a convenience store, a single bay drive-thru only carwash and for no other purpose. The following may not occur on the Service Station Parcel: (i) the performance of any repairs or maintenance on any vehicle; (ii) the sale of tires or batteries for motor vehicles; (iii) the sale of any mechanical equipment related to motor vehicles; (iv) the storage of any oil products outside of the Building located on the Service Station Parcel; or (v) the conduct of any business or sale of any other products, except the operation of a major branded service station with -a convenience store and the sale of products customarily sold in connection with such operations (to the extent such products are not otherwise prohibited by this Declaration). U. "Shared Common Area" shall mean those portions of the Common Areas in the Project which are used by all Owners and occupants of the Project and to which all Owners and occupants of the Project shall share, in the cost of maintaining, including, without limitation and by way of example only, internal roadways, access point to public roads, entrances and exits to the Project, landscaping within the buffer areas shown on Exhibit C, and the Storm Water Retention Pond 4 Cn N) V. "Storm Water Retention Pond" shall mean the storm water retention pond area located on Lot 2 shown and identified as such on Exhibit C. W. "Unauthorized Acts" are any actions or activities that create a disturbance in the Project, violate any laws or other regulations applicable to the Project, or are inconsistent with any of the provisions of this Declaration. X. "Unauthorized Persons" are persons who are not Owners, or Permittees of the Owners. 2. Ingress/Egress and Parking Easements. 2.1.. Creation. The Declarant hereby grants, conveys and reserves to the Owners of any Lot within the Project a non-exclusive right, privilege and easement over all of the entrances, exits, driveways, parking areas, and Common Area within the Project, as may from time to time be constructed and maintained within the Project for use by Owners and its/their Permittees for the passage and parking of vehicles and for the passage and accommodation of vehicles and pedestrians over, across and through all driveways, parking areas, curb cuts, drive aisles, accessways; walkways, and exits to all public roads serving the Project, as may from time to time be constructed and maintained upon any part of the Project. Notwithstanding anything to the contrary contained herein, drive-thru service lanes which are part of a Building on a Lot shall be excluded from the grant of easement rights contemplated in this Section 2.1. Subject to applicable law, each Owner shall allow free parking in its Common Areas for its Permittees. The easements and cross easements for parking hereby established shall not be used by the Owner of, any Lot to satisfy governmentally imposed parking requirements of Frederick County, Virginia, applicable to such Lot. All parking spaces shall be'of minimum dimensions as required by law. The Owner of each Lot shall satisfy all of the governmentally imposed parking standards relating to the building area and lot coverage on its Lot solely through the number of parking spaces actually situated, on such _ Lot without counting any of the parking spaces on any other Lot of another Owner. Notwithstanding the foregoing, - Declarant hereby grants to the Owner of Lot 6, and its/their Permittees a perpetual exclusive easement to use up to 7 parking spaces located on Lot 4 in the area depicted on Exhibit B to satisfy the governmentally imposed parking requirement applicable to Lot 6. In addition, the Owner of Lot 6 is permitted to install signage identifying the exclusive parking spaces. The number of parking spaces actually situated on any Lot, from time to time, that is in excess of the number of parking spaces required to satisfy the governmentally imposed parking requirements then applicable to such Lot, if any, shall remain attributable to such Lot and shall not be used. by any other Lot in order to make up the deficit, if any, on another Lot, except as it relates'to Lot 6 as set forth above.. The parking areas necessary to satisfy the governmentally imposed parking requirements applicable to any Building constructed on any Lot as well as, the related drive aisles, shall be substantially completed and. available for use prior to the commencement of business operations within such Building. Subject to the foregoing, the Declarant and/or any other Owner may make changes to the Common Areas on its 5 Ct5,I }� J I) 1 V T'V Lots, except to the extent any of the entrances, exits and drive aisles on any such Lots are part of the "Protected Area", in which case such Common Areas may not be changed or altered. Declarant shall coordinate with the Owners and shall have the right to designate employee parking areas for the Lots and each Owner shall use reasonable efforts to cause the employees of the Permittees of its Lot to park their vehicles only in such designated areas. 2.2. Right to Install Traffic and Parking Controls. Each of the Owners shall have the right to install stop signs, directional signs, and other forms of traffic and parking controls (including the right to designate handicapped parking spaces in accordance with applicable law) within the driveways, parking areas and accessways located from time to time on such Owner's Lot, to adopt other reasonable rules and regulations governing the use of the driveways, parking areas and accessways on such Owner's Lot, and to require that all persons abide by such signs, controls, rules and regulations, provided that such traffic and parking controls and rules and regulations shall not unreasonably interfere with the use of the easements granted herein and the free flow of traffic in the Project. Intentionally Omitted. 4. Construction of Improvements and Building Areas. 4.1. Construction Approval. Buildings on Lot 1, Lot 2, Lot 3, Lot 5, Lot 6, Lot 7 and Lot 8 shall only be located within Building Areas shown on Exhibit B or otherwise designated by Declarant. Any Building to be constructed on a Lot, and any material renovations thereafter to the exterior of such Building on such Lot, shall comply with all applicable laws and codes. Further, any Building constructed on any Lot and any material renovations thereafter to the exterior of any such Building, shall be architecturally and otherwise compatible (including, but not limited to, the size, height and location of - such Building on the Lot in question) with the then existing improvements hereinafter constructed in the Project, such compatibility to be determined by Declarant in its sole, but reasonable, discretion. Subject to the requirements, limitations and conditions otherwise expressly set forth in this Declaration, and compliance with all applicable governmental legal requirements, each Owner, and/or its designee or assignee, may, from time to time, construct on such Owner's Lot, additional building improvements within the air space existing above the land area and/or any then existing Building(s) located within the Building Area on such Lot. In no event shall any of the Buildings constructed on any of the Outparcels adjacent to Virginia Route 11 be more than two (2) stories or exceed thirty-five (35) feet in height measuring from the finished floor elevation to the eaves of such Building. Declarant shall be entitled to inspect, review, and approve .(in writing), which approval shall not be unreasonably withheld, schematic or draft plans and specifications for each Building (including the Building footprint) to be constructed on any Lot within thirty (30) days of receipt thereof 6 from any Owner, prior to the commencement of any construction or renovation thereof. If Declarant fails to respond in writing to an Owner's request for approval within thirty (30) days from the date of the Owner's request therefore, Declarant's consent. shall be deemed granted as to such request. No Owner of any. Lot shall submit any plans to the applicable governmental authorities for approval prior to Declarant's final review and approval of same. Notwithstanding anything contained herein to the contrary, if, and to the extent that Orange Partners, LLC is no longer the Declarant, the Owner of Lots 3 and 4 (collectively), shall have the same rights of approval as Declarant with regard to the matters contained in this Section 4. L. Signage, colors and types of building and roofing in and facades for the Buildings to be constructed on all Lots shall be (a) designed and constructed to be compatible with the then exiting improvements in the Project, (b) in compliance with all applicable laws; and (c) subject to Declarant's approval in accordance with the preceding paragraph. The location, height and other requirements with respect to all signage for the Project and all Lots shall be subject to all applicable laws and Declarant's approval and shall be in accordance with the sign specifications and requirements attached hereto and made a part hereof as Exhibit D and the location shown on Exhibit B. There shall be no pylon sign or monument sign within the Property other than the following Project signs, the precise location and design of which shall be determined by Declarant in its sole and absolute discretion and which shall also be subject to approval by the applicable governmental authorities: (i) a pylon sign to be located in an area designated by Declarant in or near the Storm Water Retention Pond Area so as to be visible from Route 81 (the " Project Pylon Sign"), (ii) a monument sign to -be located on either side or both sides of the entrance to the Project along Route 11 located between Lot 1 and Lot 8, (the "Project Monument Sign"), and (iii) if desired by Declarant, and permitted by the applicable governmental authorities, a monument sign that may be located on either side or both sides of the entrance to the Project along Route 11 located between Lot 6 and Lot 5 (the "Second Monument Sign"). Declarant reserves the right to assign to the Owner of Lot 4, Declarant's rights with respect to the Second Monument Sign subject to the right of the Owner of Lot 8 to be permitted to have a sign panel on such Second Monument Sign. As to both the Project Pylon Sign and the Project Monument Sign, Declarant shall. permit at least four (4) sign panels on each, the size and design of which shall be subject to Declarant's approval and the approval of the applicable governmental authorities. The Owners of Lots 6 and 8 shall be permitted to have, and are hereby granted an easement and right to locate a sign panel on both the Project Pylon Sign and the Project Monument Sign, together with two (2) other users selected by Declarant, all of whom shall share up to 25% of the initial cost of constructing the Project Pylon Sign. Declarant shall be responsible for the maintenance of the Project Pylon Sign and the Project Monument Sign. The cost of maintaining the Project Pylon Sign and the Project Monument Sign shall also be shared by the Owners of the Lots whose signs are located thereon. Notwithstanding the foregoing provisions of this paragraph to the contrary, if and for so long as the Service Station Parcel is developed and operated' for use as a major branded gasoline service station (whether exclusively or in combination with a convenience store), the Owner (or if applicable, the Penmittee) of the Service Station Parcel shall be entitled to construct, at its sole cost and expense, (i) a single monument sign to display the trade name(s) of the business(es) operated upon the Service Station Parcel and to display current gasoline prices, and/or (ii) if such a pylon sign is required by the gasoline franchisor as a' condition of granting its franchise for the operation of its gasoline franchise upon the Service Station Parcel, a single pylon sign to display current gasoline prices only; it being expressly understood and agreed that (A) the. location, height, specifications and other requirements (ems., colors, lighting and types of materials) for such signs shall be subject to all applicable laws and Declarant's prior written approval Which approval shall not be unreasonably withheld, and (B) any and all costs and expenses related to any such signs, including, without limitation, the construction, repair, maintenance, operation, lighting, replacement, etc. thereof, shall be the sole responsibility of the Owner (and if applicable, the Permittee) of the Service Station Parcel. All trash dumpsters and satellite or other mechanical equipment on any Lot shall be fully screened from view by suitable fences or other enclosures in accordance with applicable law. After completion of construction, each Owner covenants and agrees to maintain and keep the exterior portion of the Buildings and any permitted or approved outside sales areas and seating and eating areas located on its Lot in first-class condition and state of repair, in compliance with all applicable governmental requirements, and in compliance with the provisions of this Declaration. Each Owner further agrees to store all trash and garbage on its Lot in adequate containers, to locate such containers so that they are not readily visible from the, parking area, and to arrange for regular removal of such trash or garbage. 4.2. Constructing Improvements. During any construction on any Lot, the Owner of such Lot shall maintain the Lot in a clean and orderly manner and free from debris, and shall not impede or obstruct the flow of traffic to or on any other portion of the Property, parking on other portions of the Property, parking areas on other portions of the Property, or theuse of other portions of the Property generally. When construction is in progress on any Lot, the Owner of such Lot will carefully and reasonably barricade such construction, will not permit any_ construction, personnel to park at or on - the Property (other than on such Lot), and will not permit any construction equipment to be placed on the Property grounds (other than on such Lot). No temporary signage shall be erected by any Owner which blocks the view to any of the improvements comprising the Project, except as may be reasonably and specifically approved by Declarant. While construction activities are taking place on any Lot, (i) all undeveloped areas of such Lot shall at all times be kept in a clean, sightly and attractive condition, with appropriate sediment control devices in place to prevent runoff, and (ii) the Owner of such Lot shall hold harmless and indemnify Declarant, and its successors, assigns, and Permittees, for any and -all damage incurred by Declarant, its successors, assigns, and/or Permittees, arising out of any such construction activities; moreover, the Owner of the Lot will regularly remove dirt and debris from the Lot and will not permit any dirt or debris.to accumulate anywhere outside of the Lot during the construction period, will repair all damage to the Common Area as soon as reasonably possible, and will proceed with construction at such a pace so as to complete constructionof improvements on the Lot as soon as reasonably possible. d RJ G'I Declarant grants and conveys to the Owner of Lot 6 and its employees and contractors, a temporary construction easement in the areas depicted on Exhibit B for the construction of the intended improvements on Lot 6. This easement shall include the right to place temporary construction trailers, construction vehicles, personal vehicles, or equipment in the easement area. 5. Control. The Owners of the Lots may exclude Unauthorized Persons from or prevent Unauthorized Acts upon their respective Lots, and each Owner will cooperate in a reasonable manner with the other Owners in excluding Unauthorized Persons and preventing Unauthorized Acts. In addition,. each Owner shall have the right to restrict access to its Lot for such reasonable period of time as may legally be necessary, in the opinion of such Owner's. counsel, to prevent the acquisition of prescriptive rights by any person; provided, however, that prior to restricting access to its Lot, such Owner shall give written notice to the other Owners of its intention to do so, and shall coordinate the restriction of access with the other Owners so as to minimize interference with normal ingress and egress, operations and customer traffic in the Project. 6. Maintenance and Operation. 6.1. Each of the Owners shall operate and cause to be operated and maintained, including replacement, due to ordinary wear and tear, at its sole cost and expense, the Buildings and exterior improvements (whether occupied or unoccupied) on its Lot, as well as the Common Area on its Lot, except as otherwise expressly provided below, in a safe, clean and neat condition. Subject to the provisions of Section 6.4 below, Declarant shall be responsible for the operation, maintenance, repair and management obligations (exclusive of replacement due to ordinary wear and tear) of the Shared Common Area of the Property in accordance with the requirements of Section 6.4 below. The minimum standard of maintenance for the improved Common Area on each Lot shall be comparable to the standard of maintenance followed in other first class mixed use commercial and residential developments in Frederick County, Virginia. Notwithstanding the foregoing, the Common Areas on each Lot shall be operated and maintained in compliance with all applicable laws and the provisions of this Declaration. All Common Area improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony of the Project as a whole. Such operation, maintenance and repair obligation shall include but not be limited to the following: (i) Drive and Parking Areas. Maintaining all ,paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacement of base, skin patch, resurfacing and resealing. (For the purpose of this Section, an overlay of the drives and parking areas shall be considered a maintenance item.) (ii) Debris and Refuse. Periodically removing papers, debris, filth, refuse, ice and snow (2" on surface), including daily vacuuming and broom -sweeping to the extent necessary to keep the Common Area in a first-class, clean and orderly 9 cn N) condition. All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by Permittees. (iii) Directional Signs and Markers. Maintaining; cleaning and replacing any appropriate directional, stop or handicapped parking signs or markers; restriping parking lots and drive lanes as necessary to maintain parking space designation and traffic direction; and keeping clearly marked fire lanes, loading zones, no parking areas and pedestrian cross -walks. (iv) Lighting. Maintaining, cleaning and replacing Common Area lighting facilities, including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers, illuminating the Common Area pursuant to Section 6.8; provided however, (A) the installation and replacement of light standards in the Common Area shall be the obligation of the Owner upon whose Lot such light standards are located and (B)' exterior Building lighting fixtures, including any lighting fixtures associated with a canopy or other architectural feature forming a part of such Building, shall be considered a part of such Building, and the maintenance and replacement of such fixtures, and the cost of illumination, shall be the obligation of the Owner upon whose Lot such fixtures are located. (v) Landscaping. Maintaining and replacing all landscape plantings, trees and shrubs in an attractive and thriving condition, trimmed and weed -free; maintaining and replacing landscape planters, including those adjacent to exterior walls of Buildings; .providing water for landscape irrigation through a properly maintained system, including performing any seasonal (start up and/or winterization) maintenance thereto, and any modifications to such system to satisfy governmental water allocation or emergency requirements. Any landscaping requirements imposed by applicable governmental authorities shall be included. (vi) Obstructions. Keeping the Common Area free from any obstructions,. including those caused by the sale or display of merchandise, unless such obstruction is permitted under the provisions of this Declaration, including, without limitation, Sections 12.3 and 12.4 of this Declaration, it being expressly understood and agreed that the Owners of Lots 3 and 4, in its/their sole and absolute discretion, may allow portions of the Common Area on Lots 3 and 4 to be used for outside sales, displays and outdoor seating and eating areas except within the No -Build Area and the Protected Area. (vii) Sidewalks. Maintaining, cleaning and replacing sidewalks, including those adjacent and contiguous to Buildings. Sidewalks shall be steam -cleaned and pressure washed periodically, shall be swept at appropriate intervals during such time as shall not interfere with the conduct of business or use of the Common Area, and shall be cleared of ice or snow (after each snow fall of 2" or more). Declarant shall also be responsible for maintaining, cleaning and replacing the sidewalk located on Lot '6 as 10 a M N depicted on Exhibit B. Declarant reserves and the Owner of Lot 6 grants to Declarant a non-exclusive easement over Lot 6 for the maintenance of such sidewalk on Lot 6. (viii) Security Measures. Providing security measures; including personnel, for the Common Area on each Lot, if deemed necessary or desirable by Declarant or if required by applicable governmental authorities. (ix) Traffic. Supervising traffic at entrances and exits to the Lots and within the Lots as conditions reasonably require in order to maintain an orderly and proper traffic flow. In addition, each Owner shall have the obligation to operate, maintain, and repair, at its sole cost and expense, in a clean, sightly and safe condition,_ the following items (if any) located on, its ' Lot: any exterior shipping/receiving dock area; any truck ramp or truck parking area; any recycling center or similarly designated area for the collection of items . intended for recycling; and any refuse, compactor or dumpster area. 6.2. Each of the Owners grants to Declarant and the other Owners a non-exclusive easement on the granting Owner's Lot for access to the extent necessary for Declarant and/or the non -granting .Owner to perform any maintenance or other obligation that may be required to be performed pursuant to this Declaration. If any Building is damaged by casualty or if any part of a Building on the Property is condemned or otherwise taken by a governmental authority, the Owner on whose Lot the Building is, located shall, within 360 days after the casualty, or 270 days after the condemnation (subject to receipt of condemnation proceeds), either (a) repair or rebuild the Building into a complete unit, or (b) raze the Building, fill in any excavation, pave the area affected by the damage, and (c) perform such other work needed to put the area in a safe, sightly condition. If any Common Area on a Lot is damaged by casualty or if any part is condemned or otherwise taken by a governmental authority, the Owner on whose Lot the Common Area is located shall, within 360 days after the casualty, or 270 days after the condemnation (subject to receipt of condemnation proceeds), either (a) repair or rebuild the Common Area to its condition immediately prior to such casualty or condemnation taking; or (b) perform such work needed to put the area in a safe, sightly condition. 6.3. The Owner of any Lot shall not make any exterior alterations or additions to any Building or other improvements on its Lot without the prior written approval of the Declarant which shall not be unreasonably withheld or delayed pursuant to Section 4. L Declarant may withhold its consent if (i) the alterations or improvements to the exterior of the building or other improvement are inconsistent with the class and character of the Project, or (ii) Declarant believes, based upon professional advice that the alterations, additions or improvements to the structural portion of the Building could cause the Building to be structurally unsound. Notwithstanding anything to the contrary contained herein, Declarant's approval shall not be required for any changes to the CD c-n Building which are part of a system -wide program for those operations operating under the same trade name as the current user of Lot 8, so long as the such change does not violate the preceding sentence. 6.4 (a) Notwithstanding the provisions of Section 6.1 to the contrary, as of the date hereof, and except as provided below, Declarant shall be responsible for the operation, maintenance, repair and management obligations (exclusive of replacement due to ordinary wear and tear except as expressly contemplated by _Section 6.1) of the Shared Common Area of the Property in accordance with the requirements of Section 6.1. Declarant shall expend only such funds as are reasonably necessary for the operation and maintenance 'of the Shared Common Area, including, without limitation, premiums for insurance required by Section 13.1 and the performance of other obligations imposed on Declarant pursuant to this Declaration, and shall promptly pay such costs ("Shared Common Area Maintenance Costs") when incurred. (b) The Owner of each Lot in the Project shall pay its share of the Shared Common Area Maintenance Costs actually incurred during each calendar year, plus the "Administration Fee" (defined below), as set forth below. The contributions toward Common Area Maintenance Costs payable by the Hotel Lot, if any, shall be credited against the Shared Common Area Maintenance Costs prior to determining the Administration Fee and percentage shares allocated to the other Owners. Each Owner hereby grants to Declarant, its agents, contractors and employees, a license to enter upon such Owner's Lot to discharge Declarant's duties to operate, maintain and repair the Shared Common Area. Iri lieu of Declarant's profit, administrative, indirect and overhead costs, Declarant shall be permitted to charge an amount ("Administration Fee") computed by multiplying the Shared Common Area Maintenance Costs (exclusive of insurance premiums and utility charges) by fifteen percent (15%). If any of Declarant's personnel at the Property performs services, functions or tasks in addition to duties related to the Shared Common Area, then the cost of such personnel shall be equitably allocated according to time spent performing such duties. . (c) The Owner of each Lot's share of Shared Common Area Maintenance Costs shall be a set dollar amount to be determined by Declarant in its reasonable discretion, based on the maintenance costs of other similar mixed use projects (the "Lot Contribution Rate") and multiplied by the square footage of Floor Area developed on such Lot (which amount shall be prorated on a daily basis in the case of a partial calendar year). Commencing on January 1, 2006, and on each January 1 thereafter during the term of this Declaration, the Lot Contribution Rate shall be adjusted to reflect any increases in the CPI since the immediately preceding January 1. In the event any Lot is subdivided, the monthly. "share allocable to such subdivided portion for the Shared Common Area Maintenance Costs shall be determined based on the Floor Area on such subdivided portion in accordance with the provisions set forth below. Each Owner shall commence paying its share of Shared Common Area Maintenance Costs on the earlier to occur of (i) the acquisition of such Lot by the Owner, or (ii) the execution of a bona fide lease for building area on such Lot. if at any time a Lot is not improved with a Building, then and in such event, Shared Common Area Maintenance Costs and the Administration 12 C::) Uq Fee to be paid by the Owner of a Lot shall be based on the ratio of Floor Area within the applicable Lot to the total Floor Area of the Project. The Declarant shall notify the Owners of all Lots obligated by this provision to pay its share of Shared Common Area Maintenance Costs of the rate and due date, at least sixty (66) days prior to the date such payments are due and payable. (d) If an item of maintenance or replacement is to be accomplished in phases over a " period of calendar years during the term of this Declaration, such as resurfacing of the drive and/or parking areas, then the cost for same shall be allocated to the applicable calendar years, as the case may be. (e) Declarant shall use its diligent, good faith efforts to operate and maintain the Shared Common Area comparable to the standard of maintenance followed in other first class mixed use commercial and residential developments in Frederick County, Virginia. Notwithstanding the foregoing, Declarant shall have the right to make an "Emergency Repair" as defined herein, to the Shared Common Area to prevent injury or damage to Persons or property, it being understood that Declarant shall nevertheless advise each Owner of such emergency condition as soon as reasonably possible, including the corrective measures taken and the cost thereof. The term "Emergency Repair" shall mean (i) any repair required to prevent an imminent threat of harm to life or property, (ii) any repair required to prevent a substantial disruption of the operations of the Owner's business in the Property or required in order for the Owner to resume such operations, or (iii) the removal of snow and ice from the Common Areas serving the Property. If the cost of the emergency action exceeds $10,000.00, then Declarant shall submit a supplemental billing to each Owner, together with evidence supporting such cost, and each Owner shall pay its share thereof within thirty (30) days after receipt of such billing. 6.5 In the event an existing Lot is subdivided, the Owner causing such division shall, at its expense, prorate the allocation of Shared Common Area Maintenance Costs and the Administration Fee attributable to the original Lot between the newly created Lots, file a recorded declaration confirming such allocation and deliver a copy of such declaration to Declarant and each other Owner. Each Owner obligated to pay a share of the Shared Common Area Maintenance Costs shall pay to the Declarant in equal monthly payments, in advance, the share of the Shared Common Area Maintenance Costs and the Administration Fee attributable to such Owner's Lot . 6.6 Intentionally Omitted. 6.7 If and during such period(s) as the Hotel Lot is improved with a hotel Building, then, in lieu of the such portion of the Hotel Lot's share of Shared Common Area Maintenance Costs attributable to the Floor Area within the hotel Building, the Owner of the Hotel Lot shall pay, on an annual basis, One Hundred Twenty Five Dollars ($125.00) (the "Hotel Lot Contribution Rate") per guest room within the hotel Building on the Hotel Lot (which amount shall be prorated on a daily basis in the case of a partial calendar year) to be applied toward the costs of maintaining the Shared 13 ,a cn, f.J O Common Area. Commencing on January 1, 200_, and on each January 1 thereafter during the term of this Declaration, the Hotel Lot Contribution Rate shall be adjusted to reflect any increases in the CPT since the immediately preceding January 1. If at any time the Hotel Lot is not improved with a hotel , or a hotel is not being operated on the Hotel Lot, then and in such event, Shared Common Area Maintenance Costs and the Administration Fee to be paid by the Owner of the Hotel Lot shall be based on the ratio of Floor Area within Hotel Lot to the total Floor Area of the Project. 6.8. As part of the Common Area operation and maintenance to be provided by each Lot Owner, each Lot Owner shall cause the Common Areas on the Lots to be fully illuminated from dusk to at least 1:00 a.m., unless all the Owners agree upon a different time, and may elect to have security lights on in the Common Area from dusk until dawn. Each Owner, with respect to any and all Buildings on its Lot, agrees to keep any exterior Building security lights on from dusk until dawn. During the term of this Declaration, each Owner grants an irrevocable license to each other Owner for the purpose of permitting the lighting from one Lot to incidentally shine on the adjoining Lot. It is recognized that Permittees within the Project may be open for business at different hours, and that an Owner may wish to have certain of the Common Area lights illuminated before or after the required time period. Accordingly, an Owner ("Requesting Party") shall have the right, at any time, to require an Owner to keep certain Common Area lights illuminated and operated as stipulated by the Requesting Party, provided that the Requesting Parry notifies Owner of such request not less than fifteen (15) days in advance. The Requesting Party shall state the period, during which it wishes such Common Area lights to be kept operated and shall pay to such Owner a prepayment as follows: (i) if the period is less than thirty (30) days, then the prepayment shall be one hundred ten percent (110%) of the reasonable cost for such additional operation (including electrical power, bulbs and manpower), as estimated by such Owner; and (ii) if the period is thirty (30) days or longer, then the prepayment shall. be one hundred ten percent (110%) of the reasonable cost for such additional operation (including electrical power, bulbs and manpower) for thirty (30) days, as estimated by such Owner, and the Requesting Party shall renew such prepayment at the end of each thirty (30) day period. If the Requesting Party is of the opinion that the estimated prepayment established by the Owner is greater than one hundred ten percent (110%) of such additional operation, the Requesting Party and the Owner shall attempt to agree upon the cost of such additional operation but if they cannot do so, then the amount the Requesting Party is obligated to pay shall be estimated by the electrical utility company furnishing -such power, or if the electrical utility company elects not to do so, by a reputable electrical engineer. Upon the failure of a Requesting Party to pay the estimated amount or renew a prepayment as required hereby, the Owner shall have the right to discontinue such additional lighting and to exercise any other remedies herein provided. Any such request for. additional lighting may be withdrawn or terminated at any time by written notice from the Requesting Party, and a new request or requests for changed hours of additional operation . may be made from time to time. 14 c.Jn W 7.- _ Taxes. Each of the Owners shall pay the real estate taxes and special assessments ("Taxes") on its Lot before such Taxes become delinquent, and shall pay any other charges and liens on its Lot before they are foreclosed. An Owner may delay paying any of those amounts only if the Owner contests the amounts in good faith and if payment would adversely affect that Owner's -rights in the contest, but only if payment is not required to prevent foreclosure against the Owner's Lot. Each Owner shall furnish copies of paid tax bills on written request to any other Owner. 8. Utilities. 8.1. To the extent _ that utility lines and/or facilities ("Utilities") necessary for the service of a Lot (the "Benefited Lot") now or hereafter, will pass over, under or through another Lot (the "Burdened Lot"), the Declarant hereby establishes, grants, conveys and reserves an easement over each Burdened Lot for the purpose of the use, enjoyment, maintenance and repair of the Utilities servicing the Benefited Lot or any replacements thereof. 8.2. The easements for Utilities granted by this Declaration for the benefit of the Lots are, collectively, the "Utility Easements". The Utility Easements granted in this Section are in addition to those already existing. In connection with the installation of Utilities as provided for in Section 8.1 hereof, the Owner of a Burdened Lot (a "Burdened Owner") shall have the right to approve the location of such utility on the Burdened Lot, such approval not to be unreasonably withheld. The Owner of the Benefited Lot (the "Benefited Owner") shall ensure that the location, installation, maintenance, and repair of the Utility Easement is being undertaken in a manner so as to minimize the effect on the use and enjoyment by the Burdened Owner (including but riot limited to access and parking by Permittees) of the Burdened Lots. Any portion of a Burdened Lot that is affected by such installation, maintenance, and/or repair shall be restored to. the same condition as existed prior to such work, by the Benefited Owner. A Burdened. Owner may relocate a Utility Easement on its Lot and the utility lines and facilities within the Utility Easement on its Lot provided the following conditions are satisfied: a. The Burdened Owner notifies the Benefited Owner of its plans to relocate the Utility Easement at least thirty (30) days prior to commencement of the work to move the Utility Easement; b. The Burdened Owner obtains the written permission of any utility company with rights in and to the Utility Easement or the associated utility lines and facilities, and, together with the notification to the Benefited Owner as provided in the preceding paragraph, provides the Benefited Owner with a copy of the utility company's written permission; C. The relocation of the Utility Easement does not interfere with or reduce the utility service to the Benefited Lot and does not reduce or impair the 15 usefulness or function of the utility; and cn, d. ' The relocation of the Utility Easement is performed at no cost to the Benefited Owner. 8.4. The Utility Easements shall be exercised in a manner that does not unreasonably interfere with the use and enjoyment of the Burdened Lot by the Burdened Owner or by such Burdened Owner's Permittees. 9. Drainage. 9.1 Easements for Drainage. Declarant hereby establishes, grants, conveys and reserves unto each of the Owners an irrevocable, non-exclusive easement, right and privilege over each of the Lots to drain storm water runoff from that Owner's Lot onto and across the Common Areas of the other Lots and into and through any storm drainage lines and any storm water management facilities, existing from time to time, located on the other Owner's Lots, including, without limitation, the storm water management pond located on the Property, and including the right to use and impound storm water within any storm water management facility on the Property or any such Owner's Lot (a "Drainage Easement"). It is currently contemplated that the initial storm water retention pond for the Project will be located on Lot 2, although Declarant hereby expressly reserves the right, from time to time, to relocate (in whole or part) the storm water retention pond for the Project and/or establish one or more additional storm water retention ponds for the Project as the Declarant shall deem necessary or appropriate in its sole and absolute discretion. 9.2. Maintenance of Storm Water Management Facilities and Lots with Respect to Storm Water Management Facilities. Each Owner shall be responsible for maintaining, repairing, and replacing, when necessary, any private storm water drainage lines and storm water management facilities located from time to time upon its Lot. The Owner of a Lot benefited by a Drainage Easement shall not alter the surface of its Lot, if such alteration would materially increase the flow of surface water onto another Owner's Lot, either in the aggregate or by directing the flow of surface water to a limited area. 9.3. Reservation of Right to Dedication. Declarant establishes, grants, conveys and reserves for itself and for each of the Owners the right to dedicate and convey and, if required by any applicable governmental entity, in order to obtain site plan approval or otherwise, shall dedicate and convey, to the appropriate governmental entity, the storm water management facilities located from time to time on that Owner's Lot. In addition, each Owner shall execute such other easements, covenants and agreements as such governmental entity may require with respect to the storm water management facilities located from time to time on its Lot. The parties agree that, notwithstanding the fact that agreements with governmental entities concerning the storm water management facilities may impose requirements upon the Owner of a Lot as to such storm water management facilities, as between the parties hereto, this Declaration shall govern the parties' obligations to one another. No provision of this Declaration, however, shall 16 C) C-n W W modify or supersede the obligations of any of the parties hereto to Frederick County, Virginia or any other governmental authority, under any separate agreement as to the maintenance of any of the storm water management facilities located within the Project. 9A. Relocation of Storm Water Management Facilities. Any Owner may,,at any time and from time to time, relocate any of the storm water management facilities on its Lot, at its sole cost and expense, provided such relocated storm water management facilities shall provide comparable drainage for the Lots benefited by such storm water management facilities, and further provided such Owner obtains all nedessary governmental approvals and permits for such relocation. The Owner so relocating such storm water management facilities shall grant to the other Owner's benefited thereby a new easement covering such .relocation, and the benefited Owner's shall release the portion, if any, of the current easement which shall no longer be required. 10. Intentionally Omitted. 11. Intentionally Omitted. 12. Use Restrictions. The Lots may be used for any lawful purpose, subject, however, to the prohibited uses set forth in Exhibit E. Notwithstanding anything to the contrary in this Declaration, only the Hotel Lot may be used and operated as a hotel without the prior written consent of the Declarant; which consent may be granted or withheld in the Declarant's sole and absolute discretion. Further, the Lots shall be subject to the following restrictions: 12.1. Common Area. No part of the Common Area may be used to sell goods or services, except as may be permitted or approved pursuant to Section 12.3 hereof. 12.2. Prohibited Uses. No part of the Property may be used for the uses described on Exhibit E attached hereto (collectively, the "Prohibited Uses"), except as expressly permitted or provided in Exhibit E. 12.3. Outside Sales and Displays Outside sales and displays shall not be permitted on the Property unless approved in advance by Declarant, except that outside - sales and displays approved by the Owners of Lots 3 and 4 shall be permitted on Lots 3 and 4 without the approval of Declarant.. Any approval of such outside sales and displays on Lots other than Lots 3 and 4 may be subject to limitations and restrictions in terms of the number of outside sales and displays per calendar year, the duration of each outside sale and display, the location and size of the outside sales and display area and the time period at which such outside sales and displays can take place, and shall be subject to all applicable laws, rules and regulations. 12.4. Outdoor Seating and Eating Areas. Outdoor seating and eating areas shall not be permitted on the Property unless approved in advance by Declarant, 17 except that outdoor seating and eating areas approved by the Owner of Lots 3, 4 and Lot 5 shall be permitted on Lots 3, 4, 5 and -6 without the approval of Declarant. Any approval of such outdoor seating and eating areas on Lots other than Lots 3, 4, 5 and 6 may be subject to limitations and restrictions in terms of the location, operation and maintenance of such areas, and shall be subject to all applicable laws, rules, and regulations. 12.5. Hazardous Materials. No Owner shall use, or permit the use of, Hazardous Materials on, about, under or in its Lot, or the balance of the Property, except in the ordinary course of its usual business operations conducted thereon, and any such use shall at all times be in compliance with all Environmental Laws. Each Owner agrees to defend, protect, indemnify and hold harmless each other Owner from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including but not limited to costs of investigation, remedial or removal response, and reasonable attorneys' fees and cost of suit, arising out of or resulting from any Hazardous Material used or permitted to be used by such Owner, whether or not in the ordinary course of business. For the purpose of this Section, the term (i) "Hazardous Materials" shall mean and refer to the following: petroleum products and fractions thereof, asbestos, asbestos containing materials, urea formaldehyde, polychlorinated biphenyls, radioactive materials and all other dangerous, toxic or hazardous pollutants, contaminants, chemicals, materials, substances and wastes listed or identified in, or regulated by, any Environmental Law, and (ii) "Environmental Laws" shall mean and refer to the following: all federal, state, county, municipal, local and other statutes, laws, ordinances and regulations which relate to or deal with human health or the environment, all as may be amended from time to time. Further, the following obligations shall be applicable to the Service Station Parcel and the Owner thereof: 12.5.1 Owner of the Service Station Parcel shall comply with all federal, state and local laws and regulations regarding underground storage tanks and related piping ("Tanks"), including but not limited to those- promulgated by the U.S. Environmental Protection Agency and the State Department of the Environment (the "UST Laws"). The UST Laws shall include those laws and regulations establishing "financial responsibility" requirements. 12.5.2 Owner of the Service Station Parcel shall provide Declarant with copies of its past, present and future filings and other documents evidencing compliance with the UST Laws. Such Owner also shall provide Declarant with (i) copies of any past, present or future correspondence sent to or received from the governmental regulatory authorities implementing the UST Laws, or otherwise dealing with Tanks located upon the Service Station Parcel and (ii) documentation evidencing such Owner's compliance with the UST Laws, including methods of leak detection, corrosion protection and spill/overfill protection. 12.5.3 In the event of a Tank leak or discharge or other spillage of any Hazardous Materials, the Owner of the Service Station Parcel shall promptly remedy the situation in accordance with all federal, state and local laws, and to the reasonable satisfaction of Declarant, and shall keep Declarant informed of all its actions in connection with the remediation. The Owner of the Service Station Parcel shall indemnify, defend, and hold Declarant, its successors and assigns and Permitees, harmless against all loss, costs, damages, claims and liability suffered or incurred by any such parties resulting from or in any way connected with Tanks located on the Service Station Parcel. Any and all removals of Tanks from the Service Station Parcel shall be in accordance with the UST Laws; and the soil and groundwater in the vicinity of the Tanks shall not contain evidence of any contamination'. 12.5.4 Periodically, upon request by Declarant after the occurrence of a reportable incident, including, without limitation, any Tank leak or discharge or other spillage of any Hazardous Materials, the Owner of the Service Station Parcel, at its sole cost and expense, shall cause anenvironmental assessment of the Service Station Parcel to be performed for the purpose of determining whether there exists, on or below the surface of the Service Station Parcel (including the underlying soil and groundwater), any Hazardous'Materials (the "Assessment"). The Assessment shall be performed by a duly licensed and qualified environmental consultant (the "Consultant") acceptable to Declarant in its reasonable discretion, in accordance with a written proposal, approved in advance by Declarant, which outlines the scope of the Assessment and complies with the Environmental Laws. The Consultant shall prepare a written report, certified to Declarant, detailing the results of the Assessment. If the Assessment discloses the existence of Hazardous Materials on, in or near the Service Station Parcel, then the Owner of the Service Station Parcel shall, at its sole -cost and expense, fully delineate the nature and extent of such substances and abate, clean-up and remove all such substances from the Service Station Parcel in accordance with the Environmental Laws. 13. Insurance and Casualty. 13.1. Declarant's Insurance. During the period, if any, Declarant is maintaining the Common Area, Declarant shall maintain or cause to be maintained in fall force and effect at least the minimum insurance coverages set forth below: a. Commercial General Liability Insurance covering the Common Area with a combined single limit of liability of Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage, arising out of any one occurrence. Each Owner shall be a "named insured" under such policy. If any Owner is operating and maintaining the Common Area on its Lot, and such Owner elects not to participate in Declarant's liability insurance program regarding the Common Area, then Declarant shall be released from its obligation to carry such insurance on such Owner's Lot. b. Workers' compensation and employer's liability insurance: (i) Worker's compensation insurance as required by any applicable law or regulation. 19 Ci c:Y-1 W Gl (ii) Employer's liability insurance in the amount of $1,000,000 each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. C. Automobile Liability Insurance for owned, hired and non - owned automobiles. The limits of liability shall not be less than $1,000,000 combined single limit each accident for bodily injury and property damage. Declarant agrees to defend, protect, indemnify and hold harmless each Owner from and against all claims or demands, including any action 'or proceedings brought thereon, and all costs, losses, expenses and liabilities of any kind, including reasonable attorneys' fees and cost of suit, asserted or incurred in connection with or arising out of the negligent performance or misconduct, or failure to perform, by Declarant of its duties or obligations under this Declaration with respect to the maintenance and operation of the Common Area; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or willful act or omission of the Owner to be indemnified. In the event it is determined that such Owner was not at fault, then the Declarant shall reimburse such other Owner for all reasonable expenses and/or costs incurred by such Owner defending against such claim or demand. 13.2. Owner's Insurance. Each Owner (as to its Lot only) shall maintain or cause to be maintained. in full force and effect at least the minimum insurance coverages set forth below: a. Commercial General Liability Insurance with a combined single limit of liability of Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage, arising out of any one occurrence. b. Workers' compensation and employer's liability insurance: (i) Worker's compensation insurance as required by any applicable law or regulation. (ii) Employer's liability insurance in the amount of $1,000,000 each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. C. Automobile Liability Insurance for owned, hired and non - owned automobiles. The limits of liability shall not be less than $1,000,000 combined single limit each accident for bodily injury and property damage. Each Owner agrees to defend, protect, indemnify and hold harmless each other Owner from and against all claims or demands, including any action or proceedings brought thereon, and all costs, losses, expenses and liability of any kind relating thereto, 20 cii CAD including reasonable attorneys' fees and cost of suit, arising out of or resulting from the injury to or death of any Person, or damage to the property of any Person located on the Lot owned by each indemnifying Owner; provided, however, the foregoing obligation shall not apply to -claims or demands based on the negligence or willful act or omission of such other Owner, its licensees, concessionaires, agents, servants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof. In the event it is determined that such other Owner was not at fault, then the indemnifying Owner shall reimburse such other Owner for all reasonable costs and/or expenses incurred by it defending against such claim or demand. 13.3. Construction Related Insurance. Prior to commencing any construction activities within the Property, each Owner and Declarant shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages set forth below: a. Workers' compensation and employer's liability insurance: (i) Worker's compensation insurance as required by any applicable law or regulation. (ii) Employer's liability insurance in the amount of $1,000,000 each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. b. Commercial General Liability insurance covering all operations by or on behalf of the contractor, which shall include the following minimum limits of liability and coverages: (i) Required coverages: (1) Premises and Operations. (2) Products and Completed Operations. (3) Contractual Liability, insuring the indemnity obligations assumed by contractor under the contract documents. (4) Broad Form Property Damage (including Completed Operations). (5) Explosion, Collapse and Underground Hazards. (6) Personal Injury Liability. 21 CD Cn W Co (ii) Minimum limits of liability: (1) $1,000,000 each occurrence (for bodily injury and property damage). (2) $1,000,000 for Personal Injury Liability. (3) $2,000,000 aggregate for Products and Completed Operations. (4) $2,000,000 general aggregate applying separately to this Property. C. Automobile liability insurance including coverage for owned, hired and non -owned automobiles. The limits of liability shall not be less than $1,000,000 combined single limit each accident for bodily injury and property damage. The contractor shall require each of his subcontractors to include in their liability insurance policies coverage for automobile contractual liability. d. The contractor shall also carry umbrella/excess liability insurance in the amount of $5,000,000. If there is no per project aggregate under the Commercial General Liability policy, the limit shall be $10,000,000. If the construction activities involve the use of another Lot, then the constructing Owner shall cause (x) the owner of such other Lot to be an additional insured on each policy (for the Commercial General Liability policy pursuant to a CG 2010 11-85 version Form B endorsement, or equivalent), (y) with respect to the work on such other Lot, the coverage set forth in (ii)-(b)-(3) above to be extended for a three (3) year period following fmal completion of work, and (z) each such policy to provide that the same shall not be cancelled, allowed to expire, nor reduced in amount or coverage below the requirements set forth above without at least thirty (30) days prior written notice to each insured. If any of the insurance policies are cancelled, expire or the amount or coverage thereof is reduced below the level required, then the constructing Owner shall immediately stop all work on and use of the other Lot until either the required insurance is reinstated, or replacement insurance is obtained, and evidence thereof is given to the Owner of such other Lot. 13.4. Additional Requirements. Effective upon the commencement of construction of any Building on its Lot and so long as such Building exists, an Owner shall carry, or cause to be carried, property insurance with "Special Form" coverage, in the amount of one hundred percent (100%) of full replacement cost thereof (excluding footings, foundations and excavations). Each Owner (the "Releasing Party") hereby releases and waives for itself, and 22 each Person claiming by, through or under it, each other Owner (the "Released Party") from any liability for any loss or damage to all property of such Releasing Party located upon any portion of the Project, which loss or damage is of the type covered by the insurance required to be maintained under Section 13.4, irrespective of the amount of such insurance required or actually carried, including any deductible or self insurance reserve. Each Releasing Party agrees to use its reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance, and to the policies of insurance carved by its Permittees, with respect to the foregoing release; provided, however, that failure to obtain such endorsements shall not affect the release and waiver hereinabove given. Each Owner agrees to defend, protect, indemnify and hold harmless each other Owner from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit asserted by or through any Permittee of the indemnifying Owner's Lot for any loss or damage to the property of such Permittee located upon the indemnifying Owner's Lot, which loss or damage would have been covered by the insurance required to be maintained under Section 13. Unless otherwise agreed to by Declarant, all insurance required by .Section 13 shall be written on an occurrence basis and procured from companies rated by Best's Rating Guide not less than A-/X which are authorized to do business in the state where the Project is located. All insurance may be provided under (i) an individual policy covering the Project, (ii) a blanket policy or policies which includes other liabilities, properties. and locations of such Owner; provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than $20,000,000, then such insuring Owner shall also maintain excess liability coverage necessary to establish a total liability insurance limit of $20,000,000, (iii) a plan of self-insurance, provided that any Owner so self -insuring notifies the other Owners of its intent to self -insure and agrees that upon request it shall deliver to such other Owner each calendar year a copy of its annual report that is audited by an independent certified public accountant which discloses that such Owner has $250,000,000 of both net worth and net current assets, or (iv) a combination of any of the foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of any insurance policy carried by an Owner in compliance with Section 13, such Owner shall be deemed to be covering the amount thereof under an informal plan of self- insurance; provided, however, that in no event shall any deductible exceed $50,000.00 unless such Owner complies with the requirements regarding self-insurance pursuant to (iii) above. Each Owner agrees to furnish to any other Owner requesting the same, a certificate(s) of insurance, or statement of self-insurance, as the case may be, or the Web address where such insurance information is contained, evidencing that the insurance required to be carried by such Owner is in full force and effect. The insurance required pursuant to Sections 13.1 and 13.2 shall include the following provisions: (x) Shall provide that the policy shall not be canceled or reduced in amount or coverage below the requirements of this Declaration, nor shall such policy be allowed to expire without at least thirty 23 Cn 47 CD (30) days prior written notice by the insurer to each insured and to each additional insured. (xi) Shall provide for severability of interests. (xii) Shall provide that an act or omission of one (1) of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds. (xiii) Shall provide for contractual liability coverage with respect to the indemnity obligations set forth in Sections 13.1 and 13.2 for an Owner. 13.5. Casualty. If any improvements on a Lot are damaged by fire, windstorm or other casualty, the provisions of Section 6.2 above shall apply. 14. Intentionally Omitted. 15. Intentionally Omitted. 16. Enforcement. This Declaration may be enforced by any Owner or its successors or assigns. Any of the aforementioned parties with rights to enforce this Declaration is an "Enforcing Party." An Enforcing Party may enforce this Declaration against any Person, including the Declarant, having obligations hereunder. Failure by an Enforcing Party to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. A waiver of any default is not a waiver as to subsequent defaults. Each remedy is cumulative with all other remedies provided under this Declaration and at law or in equity, and the exercise of one remedy does not impair or waive an Enforcing Party's right to exercise any other remedy. 16.1. The occurrence of any one or more of the following events shall constitute a material default and breach of this Declaration by the non -performing Owner (the "Defaulting Party"): (a) The failure to make any payment required to be made hereunder within ten (10) days after the due date an such failure shall continue for a period of thirty (30) days after written notice from Declarant. (b) The failure to observe or perform any of the covenants, conditions or obligations of this Declaration, other than as described in Section 16.1(a) above, within thirty (30) days after the issuance of a notice by another Owner or Declarant, as the case may be (the "Non -Defaulting Party") specifying the nature of the default claimed. If, prior to the expiration of said thirty (30) day period after the giving of 24 n _4 the notice, the Defaulting Party commences to eliminate the cause of such default and diligently pursues the cure of such default, then said thirty (30) day period shall be extended accordingly for up to an additional sixty (60) days. With respect to any default under Section 16.1(b), any Non -Defaulting Party shall have the right following the expiration of any applicable cure period, if any, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party; provided, however, that in the event such default shall constitute an emergency condition, the Non - Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, the Non -Defaulting Party shall have the right to enter upon the Lot of the Defaulting Party (but not into any Building) to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party. Each Owner shall be responsible for the default of its Permittees. In the event any Non - Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non - Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days after receipt of demand therefore, together with reasonable documentation supporting the expenditures made. 16.2 Costs, expenses and interest accruing and/or assessed pursuant to Section 16.1(a) and/or Section 16.1(b) above shall constitute a lien against the Defaulting Party's Lot. Such lien shall attach and take effect only after noitce and the expiration of the applicable cure periods and upon recordation of a claim of lien in the office of the Recorder of the County of the Commonwealth of Virginia in which the Property is located by the Owner making such claim. The claim of lien shall include the following: (a) the name of the lien claimant; (b) a statement concerning the basis for the claim of lien and identifying the lien claimant as a Non -Defaulting Party; (c) an identification of the Owner or reputed Owner of the Lot or interest therein against which the lien is claimed; (d) a description of the Lot against which the lien is claimed; (e) a description of the work performed which has given rise to the claim of lien and a statement itemizing the amount thereof; and (f) a statement that the lien is claimed pursuant to the provisions of this Declaration, reciting the date and document number of recordation hereof. The notice shall be duly verified and acknowledged and shall contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, by personal service or by mailing pursuant to Section 25 below. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed by law, including without limitation, a suit in the nature of a suit to foreclose a mortgage/deed of trust or mechanic's lien under the applicable provisions of the law of the Commonwealth of Virginia. All payment obligations of the Owners shall survive the expiration or earlier termination of this Declaration. 16.3. Each Non -Defaulting Party shall have the right to prosecute any proceedings at law or in equity against any Defaulting Party hereto, or any other Person, violating or attempting to violate or defaulting upon any of the provisions contained in 25 this Declaration, and to recover damages for any such violation or default. Such proceeding shall include the right to restrain by injunction any violation or threatened violation by another Owner or Person of any of the terms, covenants or conditions of this Declaration, or to obtain a decree to compel performance of any such terms, covenants or conditions, it being agreed that the remedy at law for a breach of any such term, covenant or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate. All of the remedies permitted or available to an Owner under this Declaration or at law or in equity shall be cumulative and not alternative, and the invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. In no event shall consequential or punitive damages be permitted. 16,4. Any time an Owner shall not pay any sum payable hereunder to another Owner within ten (10) days of the due date, such delinquent Owner shall pay interest on such amount from the due date to and including the date such payment is received by the Owner entitled thereto, at the lesser of. (a) the highest rate permitted by law to be either paid on such type of obligation by the Owner obligated to make such payment or charged by the Owner to whom such payment is due, whichever is less; and (b) the prime rate, plus three percent (3%). As used herein, "prime rate" shall mean the rate of interest published from time to time as the "Prime Rate" in the Wall Street Journal under the heading "Money Rates"; provided, however, that (i) if more than one such rate is published therein the prime rate shall be the highest such rate and (ii) if such rate is no longer published in the Wall Street Journal or is otherwise unavailable, the prime rate shall be a substantially comparable index of short term loan interest rates charged by U.S. banks to corporate borrowers selected by the Owners. - 16.5. Jurisdiction and venue for any litigation arising under this Declaration shall rest solely with the Circuit Court of Frederick County, Virginia. 16.6. A party with obligations hereunder is excused from performing its obligation while delayed or prevented from performing that obligation by reason of a cause not within its reasonable control (excluding financial inability to pay amounts due under this Declaration), including strike, lockout, labor or material or equipment shortage not reasonably anticipated, power failure, severe weather not reasonably anticipated, fire, riot, insurrection, or war (collectively, a "Force Majeure Event"). During such Force Majeure Event, the period within which the obligation must be performed shall be adjusted to account for the delay. 17. Term. Unless sooner terminated pursuant to the express provisions hereof or pursuant to subsequent mutual agreement of the then Owners and every mortgagee or beneficiary under a bona fide mortgage or deed of trust against any Lot or any part thereof, this Declaration shall continue in full force and effect and its obligations shall remain binding from the date of this Declaration for a period of twenty (20) years, except that any easements referred to herein which are specified as being perpetual or as continuing beyond the term of this Declaration shall continue' in full force and effect as provided herein. Upon the termination of this Declaration, all rights and privileges 26 derived from and all duties and obligations created and imposed by the provisions of this Declaration, except as it relates to the easements mentioned above, shall terminate and have no further force and effect; provided, however, that the termination of this Declaration shall not limit or affect any remedy at law or in equity that an Owner may have against any other Owner with respect to any liability or obligation arising or to be performed under this Declaration prior to the date of such termination. 18. Nature of Riyhts Granted. The easements, restrictions, benefits -and obligations set forth in this Declaration shall create mutual and reciprocal easements, restrictions, benefits and servitudes upon the Property,_ running with the land. This Declaration shall create privity of contract and estate with and among the grantees of all or any part of the Property, their successors and assigns. Each of the Owners may allow its Permittees to enjoy the benefit of all easements, licenses, right's or privileges hereby granted to or conferred upon each of them. 19. Estoppel Certificate. Within thirty (30) days of the request of an Owner, any such other Owner shall certify, in writing, to the requesting Owner, its prospective mortgagee. or prospective assignee or purchaser whether, to the certifying Owner's knowledge, (a) there is any default under this Declaration (and if any, describing the default in reasonable detail); (b) this Declaration has been assigned, modified, or amended (and if so, describing in reasonable detail the nature of the assignment, modification, or amendment); and (c) this Declaration, as of that date, is in full force and effect. Such certification waives any claim of the certifying Owner based on facts contrary to those asserted in the certificate against any bona fide encumbrancer or purchaser for value to whom the certification was made, and which acted in reasonable reliance on the certificate and without knowledge of contrary facts. 20. Indemnification. Each Owner benefited by an easement hereunder shall defend (if requested), indemnify and hold harmless the Owners burdened by such easement against and from all claims, actions, damages, liability or expense (including, but not limited to, reasonable attorneys' fees) which the Owners so indemnified and held harmless, or its respective agents, employees or invitees, may incur in connection with (a) any and all injuries to or deaths of persons, or damage to real or personal property, arising. out of the exercise or use of the easement by the indemnifying Owner, or its Permittees or its or their agents, employees or contractors; and (b) all mechanics', materialman's, or other liens or claims arising out of any action taken by such benefited Owner or its Permittees or its or their agents, employees or contractors. 21. Severability and Governing Law. The provisions of this Declaration are severable and the invalidity of one or more of the provisions shall not affect the validity or enforceability of any other provisions. This Declaration shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia. 22. Waiver. The delay or failure of an Owner to exercise any of its rights under this Declaration does not impair or waive any of its rights. An Owner's waiver of the other Owner's default is not a waiver as to subsequent defaults. Except as otherwise 27 CD cn provided in this Declaration, each remedy is cumulative with all other remedies under this Declaration and at law or in equity, and the exercise of one remedy does not impair or waive an Owner's right to exercise any other remedy. 23. Amendments. This Declaration may be amended only by a written document, executed by each' of the Owners and shall be effective only when recorded in the Clerk's Office of the Circuit Court of the City of Chesapeake, Virginia; provided, however, that no such amendment shall impose any materially greater obligation on, or materially impair any right of, an Owner or its Lot without the consent of such Owner. No agreement to any amendment of this Declaration shall ever be required of any Permittee or Person other than the Owners, nor shall not Permittee or Person other than the Owners have any right to enforce any of the provisions hereof. 24. Include. "Include," "includes," and "including" mean considered as part of a larger group, and not limited to the items recited. "Shall" means "is obligated to" and "may" means "is permitted to." 25. Notices. Any notice, demand, consent, approval, request or other communication or document to be provided hereunder to Declarant or to an Owner shall be (a) in writing and sent to -the address set forth below or to such other address as Declarant or an Owner may from time to time designate, and (b) deemed to have been provided (i) on the second business day after being sent as certified or registered mail in the United States mails, postage prepaid, return receipt requested, or (ii) on the next business day after being deposited (in time for delivery by such service on such business day) with Federal Express or another reputable national courier service, or (iii) (if such party's receipt thereof is acknowledged in writing) on being given by hand or other actual delivery to such party, or (iv) when actually received when a copy thereof has been sent by facsimile transmission (with a required copy to be delivered by any other manner provided in this Section 25): Declarant: Orange Partners, LLC 500 Pegasus Court Winchester, Virginia 22602 With a copy to: Holland & Knight, LLP 2099 Pennsylvania Avenue,NW Suite 100 Washington, D.C. 20006 Attention: Janis B. Schiff, Esquire Harrison & Johnston 21 South Loudoun Street 28 ©` c-n X7.. C-n. Winchester, Virginia 22604 Attn: H.K. Benham, III, Esquire 26. Captions. Captions of sections are for convenience only and not for interpretation of this Declaration. 27. Rule Against Perpetuities. Unless sooner terminated or extinguished in accordance with the provisions hereof, if any easement, covenant, interest or other provision of this Declaration is contingent and not presently vested at the time of execution of this Declaration, and if such easement, covenant, interest or other provision is subject to the rule of law known as the Rule Against Perpetuities, then such contingent easement, covenant, interest or other provision shall terminate or be extinguished on that day which occurs twenty (20) years next after the date of the death of the last surviving member of the class consisting of the now existing children, grandchildren, and great grandchildren of (i) Nicholas J. Nerangis, Jr., Orange Partners, LLC member, and (ii) the now alive and late siblings of Nicholas J. Nerangis, Jr., unless such easement, covenant, interest or other provision has vested prior to such day. 28. Limitation on an Owner's Liability. An Owner's liability under this Declaration is limited to its interest in its Lot (including its interest in the land comprising the Lot, all improvements and all appurtenances, all money derived from the Lot in bank accounts or in other funds controlled by such Owner, all rights under leases of the Lot, all rights under other contracts pertaining to the Lot, all rights under permits and similar governmental permissions, and personal property at the Lot or used solely in connection with the Lot), and no Interest Holder (as defined below) is liable under this Declaration beyond its interest in the entity that constitutes the Owner, but nothing contained herein is intended to preclude an Enforcing Party from obtaining injunctive relief or specific enforcement of this Declaration. "Interest Holder" means an individual (a) partner of a partnership that is an Owner, (b) member or manager of a limited liability company that is an Owner, or (c) officer, director, or shareholder of a corporation that is an Owner. [SIGNATURE PAGE FOLLOWS] 29 IN WITNESS WHEREOF, the Declarant has executed this Declaration of Easements, Covenants and Restrictions as of day and year first above written. WITNESS DECLARANT: ORANGE PARTNERS, LLC, a Virginia limited liability company Name: /U1uc 1JL-r,- 4,-J G'S Title: MC.-M 66K 30 BENEFICIARY'S CONSENT Branch Banking & Trust Co. of Virginia ("Mortgagee"), joins herein for the purpose of (A) consenting to the execution and recordation of this Declaration of Easements, Covenants and Restrictions of even date herewith (the "Declaration") by Orange Partners, LLC to which this is attached; (B) consenting to the encumbrance created by this Declaration on the Property described in Exhibit A of the Declaration; and (C) subordinating the lien of that certain eed of Trust dated %�-i-� and recorded on . %Z- J-Oy m eed�ookl!' g2 7 at Page CZ in the Clerk's Office of the Circuit Court of Frederick County, Virginia (the "Deed of Trust"), to the Declaration. SS: By. Name:. MORTGAGEE: ,17 (SEAL) Q� Name: Title: 31 Ui X- J o. cn co STATE OF v, 1 COUNTY, TO WIT: I HEREBY CERTIFY that on this _ day of nov-P r,W005, before me, a Notary Public of said State and County, personally appeared /J<<k N-N—A L4 5 known to me (or satisfactory proven) to be the person whose name is subscribed to the foregoing DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS; • and acknowledged that he/she executed the Declaration for the purposes therein A;; 'r1 contained as the duly authorized /Ii cK NaRA,44, s of said limited liability company.�.y AS WITNESS my hand and Notarial Seal. m Notary Public Notary Public My Commission Expires: STATE OF COUNTY, TO WIT: I HEREBY CERTIFY that on this O day of 20 5, before me, a Notary Public of said State and County, personally appeared �L+ + PAa+ I yu 9, known to me (or satisfactory proven) to be the person whose name is subscribed to the foregoing DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS, and acknowledged that he/she execute the DeclarationAor the pureRses therein contained as the duly authorize , of 'b l AS WITNESS my hand and Notarial Seal. Notary Public Notary Public My Commission Expire . 32 C) Cl! 7 FXTTTRTT A LEGAL DESCRIPTION OF THE PROPERTY All of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District (formerly in Back Creek Magisterial District), Frederick County, Virginia, containing 31,5327 acres, more or less (Tax Map No. 75-A-10) (previously referred to as 29.67 acres), located South of Winchester, Virginia, on the east side of U.S. Highway No. 11, south of the Route 37 By-pass and west of Interstate Route 81, more particularly described by plat prepared by Douglas C. Legge, Land Surveyor, dated February 9, 2004, attached hereto and by this reference made a part hereof; and being the same property conveyed to the Engle Properties, Inc. by Elizabeth Crawford Engle, widow, by deed dated December 30, 1986 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 635, at Page 586. The land described at PIN 75-A-10, DB 635 PG 586, Frederick County, Virginia. r _ . Ex Development Pylon Sign �—L"• d. f �J. ff 1111 ff �� f �ff� ff �� •��..—.--—•—•.,_ Gill LLjj 1{IfloL6T Z IO LOT z Rl l l I I I I I I kkl l l l l I I I I H f1 �- — = r 0,04 Ac _ .J o _ 0411�+fa] fiFon fl400 �IIIIIII, �,�oo B,PB AG 6o sBofo r II M E utnt^I Ea.en�en ti S : —ON_ M� sJW�CD ❑WIAN ID 01+1 +N0 a, ro sr, aeoo i,F. o or I4247 Ac — - — -- LOT r 1 LOT (0 Monument ' Monument Lo Sign Sign(s) osso r . 1SSO High Rise Monument CD un cn r.7 Cam: Cn CA) EXHIBIT E PROHIBITED USES No portion of the Property shall be used for any purpose that is inconsistent with the operation of a first class commercial and residential development consisting of lawfully permitted uses. Without limiting the generality of the foregoing, the following uses shall not be permitted on the Property, except as may be expressly provided in this Exhibit E: 1. Any use which emits smoke or dust, an obnoxious odor (except food preparation), or noise or sound that can be heard or smelled outside of any building on the Property. 2. " Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural, industry or factory or mining operation. 3. Flea market, any "second-hand" or surplus store, thrift shops, charity sponsored operations which, as a significant part of its business, offers for sale used or damaged goods, such as Salvation Army type stores, "goodwill" type stores, and similar businesses; army/navy, pawn shop or any business selling merchandise commonly known as "clearance", "discounted", "second", "distress", "close out", "job -lot", "odd lot", "discontinued", "overstock", "second-hand", "factory reject", "sample", and "floor model" or "damaged" except that this provision shall not prohibit first quality resale stores, including, without limitation, Once Upon a Child, Aaron Rents/Sells Furniture, Tuesday Morning, Inc., Plat It Again Sports, Plato's Closet and Computer Renaissance. 4. Any mobile home park, trailer court, labor camp, junkyard, or stockyard (except that this. provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance). 5. Any dumping, disposing, incinerating, or reducing of garbage (exclusive of dumpsters which are required to have a decorative and/or protective screen around garbage areas; for the temporary storage of garbage and any garbage compactors, in each case which are located near the rear of any building and are regularly emptied so as to minimize offensive odors). 6. Intentionally omitted. 7. Any central laundry, dry cleaning plant, or laundry mat; provided, however, this prohibition shall not be applicable to on -site laundry and dry cleaning pickup and delivery by the ultimate consumer as the same may be found in retail shopping districts in the metropolitan area where the Property is located. 8. Any trailer, boats and mobile homes, or recreational vehicle sales, repairs, storage, servicing, fueling and washing, leasing, display or body shop repair operation. 9. Intentionally omitted. 10. Any veterinary hospital or animal raising or boarding facilities [except that this prohibition shall not prohibit pet grooming or pet shops on the commercial Lots, which offer veterinary services or boarding facilities in conjunction with its primary business as a pet shop (e.., PetSmart, Petco, etc.)]. 11. Any mortuary, cemetary or funeral home. 12. Any establishment selling or exhibiting adult or sexually explicit or pornographic materials or drug -related paraphernalia; however, this restriction shall not apply to 13 14. 15 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. bookstores or video stores on the commercial Lots that may offer adult books/videos on an incidental basis as part of their typical operation. Any tavern and discos except in connection with an otherwise permitted restaurant operation on the commercial Lots. Any amusement or video arcade, amusement centers, roller skating rinks or bowling alley; provided that the foregoing shall not be deemed to limit or restrict: electronic games, pinball machines and other similar coin -operated amusement machines as an incidental part of an Owner's or tenant's business -on a commercial Lot; except that this provision shall not prohibit any Dave and Buster's, Jillian's or similar retail operation. Any training or educational facility, including, but not limited to: beauty schools, barber colleges, reading rooms (this does not apply to book stores) on any Outlots. The, foregoing shall not apply to any on site employee training or training in computer software or hardware by an Owner or tenant incidental to the conduct of its business on any Lot. Any gambling facility or operation, including but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot machines; video poker/blackjack/keno machines or similar, devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to governmental sponsored gambling activities, or charitable gambling activities, so long as such governmental and/or charitable activities are incidental to the business operation being conducted by the Owner or tenant on a commercial Lot. Any church and use or religious organization, drug abuse treatment center, methadone maintenance clinic, social services, psychiatric services, meeting hall or auditoriums. Asphalt or asphalt products manufacture. Automobile, truck, construction equipment or farm equipment assembly plants or body or fender shop. Automotive dismantling and recycling facilities or automotive showroom. Bone distillation. Breweries other than micro -breweries. Brick manufacturing. Carnival. Cement manufacturing. Clay and borrow pits or sand and gravel operations. Coal storage. Coke or coke product manufacturing. Commercial abattoirs and stockyards. Concrete ~batching. Concrete products manufacture. Crematorium. Excelsior manufacture. Fertilizer manufacturing. Firearm shooting range or any other use which creates excessive noise. Foundries and forge plants. Galvanizing. C) Cn CA -P... CIA-1 U11 Ch 3 8. Glass manufacture; grain storage, milling and processing; head machinery manufacture and repair; livestock slaughtering or preparation for packing; manufacturing of metal alloys or foils; and railroad manufacture and repair. 39. Glue manufacturing. 40. Grain processing and storage. 41. Machinery manufacturing, including automobiles, railroad equipment, farm machinery, and construction, mining, and industrial machinery. 42. Tattoo or piercing parlor. 43. Manganese, cooper and other metallic compounds. 44. Motor vehicle/motorcycle sales. 45. Ore storage. 46. Paper and paper products manufactured from pulp. 47. Rubber fabrication. 48. Sawmills. 49. Storage, use, disposal, treatment, handling or shipment of any hazardous wastes, toxic chemicals or other hazardous or toxic wastes or substances, except for (i) household products or those incidental to the operation of a retail/hotel or other lawfully permitted business operation, provided that the same are stored, used and disposed of in compliance with all applicable laws and (ii) medical wastes incidental to the lawfully permitted operation of any medical clinic, facility or business, provided that the same are stored, handled and disposed of in compliance with all applicable laws. 50. Any agricultural use, industrial use, manufacturing use, truck terminal or petroleum tank farm. 51. The sale, servicing, repair or storage of boats, motorcycles or other on or off road vehicles, trailer and/or mobile homes. 52. Any use which would be in violation of law, or is for any unlawful, disreputable or immoral purpose. 53. Any "quick service restaurant", with the exception of a McDonald's Restaurant on Lot 6. The term "quick service restaurant" as used in this agreement shall apply to any type of food service establishment, with a drive-thru [(but not a curb side carry out which is part of a sit down restaurant)] which serves any amount of the following products: Hamburgers or any other type of beef products served in sandwich form or tacos; provided that any food service establishment which offers as the primary method of service for all meal times, food and drink orders taken by and served by a waiter or waitress at the customer's table, is excluded from the term "quick service restaurant". In addition, and not by way of example, the following restaurants operating under the listed trade names, or operating under any successor trade names, are prohibited within the Property, and for the time period of twenty (20) years from the date of this Declaration: A&W, Arby's, Big Boy, Burger King, Burger Chef, Back Yard Burgers, Culvers, Fuddrucker's, Rally's Rax, Shakey's, What a Burger, Krystal, Johnny Rockets, Carl's Jr., Hardee's, In and Out Burgers, Jack -in -the -Box, Chick-Fil-A, Taco Bell, Wendy's, Sonic, Steak N'Shake, Kentucky Fried Chicken (KFC), Brown's Chicken, Popeye's, Fuddruckers, Johnny Rockets, Checker's White Castle, Snow White Grill, and Five Guys Burgers. Notwithstanding anything in this paragraph to the contrary, no exclusive or covenant shall prohibit a McDonald's restaurant from offering any type of food item for sale on Lot 6. The following restaurants C.n C JI operating under the listed trade names or operating under successor trade names are excluded from the foregoing restriction and are permitted within the Project: Subway, Panera Bread, Maggie Moos, and Atlanta Bread. In addition, the user on Lot 1 may have a drive thru service for its Dunkin Donuts/Baskin Robbins operation in its location in the Property as of the date of this Declaration. In addition, the user on Lot 8 may have a curb side carry out which is part of a sit- down restaurant for its operation of an Outback Steakhouse in its location in the Property as of the date of this Declaration. 54. Any "steakhouse" restaurant, with the exception of Outback Steakhouse on Lot 8. A "steakhouse" restaurant shall mean any restaurant (i) with the word "steak", "prime rib", or "beef', or any variation thereof, or any other words that give a connotation of a steakhouse theme or atmosphere in its name, or (ii) where steak, prime rib, or beef is specified in its advertising or marketing efforts (other than occasional promotions or specials), or (iii) where steak, prune rib and beef collectively constitute twenty percent (20%) or more of its entr6e items or twenty percent (20%) or more of its entr6e sales computed on a dollar basis, except that this "steakhouse" restriction shall not apply to a "fast food" restaurant, such as McDonald's, Arby's, Burger King, etc. In the event Outback, or current owner, is no longer operating as a steakhouse restaurant, in lieu of steakhouse exclusive, Declarant agrees that it shall not operate or permit the operation of any restaurant format, which subsequent to Outback's change in restaurant format, duplicates the primary featured food concept of the restaurant then being operated on Lot 8. Further, notwithstanding any other provision of this Exhibit E to the contrary, (i) no portion of the "Restricted Area" as shown on the Site Plan shall be operated as a facility utilizing an on -premises alcoholic beverage license with beer, wine or alcohol sales, which combined are in excess of forty percent (40%) of its total sales and (ii) no more than 13,000` square feet in the aggregate of full service restaurant facilities (which shall not be deemed to include "fast food" restaurants) may be operated within the Restricted Area. 55. Any gas station or service station, with the exception of Lot 1. 56. Any donut shops, except on Lot 1. However, bakeries are acceptable provided donut sales do not exceed thirty-five percent (35%) of total business sales. The restrictions set forth in this paragraph shall exist only for so long as a Dunkin Donuts shop is operating on Lot 1. 57. Starbuck's & Daily Grind coffee shops are specifically prohibited, except on Lot 1. However, other shops featuring coffee, in which coffee sales exceed thirty-five percent (35%) of sales, may be .considered acceptable to the Owner of Lot 1 on an individual basis. Owner of Lot 1 will make determination of such acceptable coffee shops based upon store menu offerings, menu prices and target audience. Notwithstanding the foregoing to the contrary, the sale of coffee by any other business operator, such as, but not limited to, a grocery store, drug store or most restaurants, is not prohibited where the sale of coffee is thirty-five percent (35%) or less of the total sales of such business operator. The restrictions set forth in this paragraph shall exist only for so long as Dunkin Donuts is operating on Lot 1. 58. Quizno's and Blimpie's and Subway sub shops are specifically prohibited except on Lot 1, however, delicatessens, and other sandwich shops are acceptable. The tJ't restrictions set forth in this paragraph shall exist only for so long as a Quizno's, Blimpie's or Subway sub shop is operating on Lot 1. 59. Ben & Jerry's and Haagen Daas and Baskin Robbins retail stores are specifically prohibited except on Lot 1. Declarant will limit the development to only one business dedicated to the sale of ice cream or frozen treats, in addition to Baskin Robbins on Lot 1. However, this will not prevent property owners from selling or leasing to third parties that may sell ice cream or frozen treats, but which sale of these items is less than thirty-five percent (35%) of its total sales. The restrictions set forth in this paragraph shall exist only for so long as a Ben & Jerrys, Haagen Daas or Baskin Robbins retail store is operating on Lot 1. 60. Any use which his a private or public nuisance. 61. Any use which produces an excessive amount of dust, dirt and/or flying ash. 62. Any use which produces fire, explosion or other dangerous hazard. The foregoing shall not apply to restaurant operations which cook on an open flame or grill or other similar cooking method. 63. Any massage parlor, strip show, or other similar adult oriented business operation. The foregoing shall not prohibit the operation of a Victoria's Secret or other similar type lingerie store. # 2410259 vl5 VIRGINIA: FREDERICK COUNTY, sCr. This instrument. of writing was produced to me on _�S at ` 0 3 (//i and with certificate of acknowledgement the n was admitted to record. T i reto annexed mposed by Sec. 58.1-502 of amd 58.1-801 have been paid, if assessab le Clerk COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 14, 2008 Homestyle Hospitality LLC 500 Pegasus Court Winchester, Virginia 22602 RE: Country Inn and Suites, Kernstown Commons Property Identification Number (PIN) 75-5-2 Parcel is 5.9 +- Acres Dear Mr. Nerangis: I understand that there is interest in determining the building setback requirements as applied to the Country Inn and Suites site within the Kernstown Commons development in the event that an approximately six acre parcel is created to enable a future highway improvement. There are various issues that are considered in determining the future setbacks for the balance of land within the Country Inn and Suites parcel. In any event, it does not appear that improvements to the I-81 roadway will impact the building setback application to this site. Existing Condition The recent construction of the Country Inn and Suites on this site appears to be in conformance with the building setbacks as depicted on the approved Site Plan (##10-05). Division of Land to Enable a Parcel to be Owned by the Virginia Department of Transportation In the event that a land division occurs, building setbacks will be measured from the newly created property boundary. This land division creates two 132-zoned parcels — one owned by Homestyle Hospitality LLC and the other intended for ownership by VDOT. There are no building setback requirements between these two 132-zoned parcels. I understand that the proposed boundary line will be approximately 1.5 feet from the northeast corner of the Country Inn and Suites indoor recreation area (see attached plats dated April 30, 2008). This does not appear to be an issue as the required setback of 0 feet (no setback) is satisfied. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 Homestyle Hospitality LLC RE: Country Inn and Suites May 14, 2008 Page 2 Future Construction of I-81 Exit 310 Interchange Improvements At such time as the planned interchange is constructed, it is anticipated that the VDOT parcel would be utilized for road right-of-way. The building setback from such a road right-of-way would be 50 feet. However, because the Country Inn and Suites is an existing building, it would be deemed legally non -conforming (i.e., grandfathered), with a 1.5 foot building setback. In the event that the Country Inn and Suites site is redeveloped, it would be appropriate to preserve the 1.5 foot building setback so long as the new site plan to accommodate the reuse of the site is approved prior to removal of the Country Inn and Suites structure. You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165- 155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $300.00 filing fee, ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. If you have any questions, call me at 540-665-5651. Sincerely, " ran Zoning Administrator MRC/bad COMMONWEALTH of VIRGINIA DEPARTMENT Of TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER August 4, 2005 Mr. Steve Nerangis C/O Nerangis Management Coporation 500 Pegasus Court Winchester, VA 22602 Ref: Kernstown Commons 08/02/05 Winchester Star Article Dear Mr. Nerangis: After reading the August 2, 2005 article in the Winchester Star, it appeared the decision on your proposed second entrance, requiring a limited access break, is currently resting with VDOT. I want to clarify the status of the second entrance request. Listed below are the required items needed in approximate order to forward your request to the Commonwealth Transportation Board for their consideration: • Letter Notifying VDOT of Request for a Limited Access Break. (This has been received.) • No break should be considered within 5 years of the opening of a limited access highway. (This requirement has been met.) • Letter of support from the public entity responsible for land development action is required before any action is taken on a request. (This requirement has been met through Frederick County's letter of support.) The following requirements are the responsibility of the owner/developer and remain outstanding: • A global traffic analysis is required to determine the impact of the proposed break before its final approval. • An appropriate environmental review of the proposed break shall be conducted before its final approval. • An opportunity for public comment shall be posted and closed before any request is presented to the CTB. VirginiaDOT.org WE KEEP VIRGINIA MOVING C_I 0 Mr. Steve Nerangis Ref: Kernstown Commons August 4, 2005 Pagg #2 • Non-public use change in limited access control requires the establishment of fair market value (appraisal) prior to CTB consideration. • If applicable, the FHWA's review and approval is required prior to any CTB consideration. Once the above information has been supplied to VDOT, the following reviews will be initiated: • In addition to the above, the request shall be reviewed by the Resident Engineer, District Traffic Engineer, Location and Design, Right of Way and Utilities, Planning, Environmental Sections and other disciplines as needed and/or identified by circumstance. Each discipline shall make a specific recommendation to the District Administrator. • The District Administrator shall submit the review package with all supporting data to the Chief Engineer with a specific recommendation at least 90 days prior to the anticipated month of the CTB meeting at which the access change will be considered. • The Chief Engineer will initiate a Central Office review. Once the fair market value is approved and agreed to by the party requesting the change, the Chief Engineer will make a recommendation to the CTB. • Upon approval of the CTB, a notice to proceed will be given. Should you have any questions, please do not hesitate to call. Sincerely, Lloyd A. Ingram Transportation Engineer LAI/rf Copy: Mr. Chuck Maddox, PHR&A Mr. John Riley Mr. Eric Lawrence Mr. Dick Shickle P. 1 immediate TX Result Report ( Oct, 26.�005 10:07AM ) * * Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Oct.26. 10:06AM 540 667 4929 G3TES 0'30" P. 2 OK 2440 # Batch M Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax + Delivery Q RX Notice Req. A RX Notice 9 0 Facsimile TRANSMITTAL Name: Nick Nerangis Fax: From: Eric Lawrence Date: October 26, 2005 Subject: Kernstown Commons Pages: 2 Comments: Hi Nick. Good to meet with you and Steve yesterday. Attached is a draft letter to respond to your request. Please advise if this is what you're seeking. Original will be made available should you desire the letter. Advise otherwise. -Eric Eric R. Lawrence, AICP Director of Planning and Development Frederick County 107 N. Kent Street Winchester, Virginia 22601 540-665-5651 voice 540-665-6395 fax elawrenc@co.froderick.va.us _1 9 • October 25, 2005 Nick Nerangis Kernstown Commons 500 Pegasus Court Winchester, Virginia 22602 RE: Kernstown Commons Parking Requirements Dear Nick, In an effort to assist with your site planning of the Kernstown Commons property, I felt it appropriate to reiterate the County's ability to accommodate the required parking for various uses via a shared parking agreement. This shared parking agreement concept was discussed during our meeting with you and representatives from RC Theatres held on August 18, 2005. In the uses discussed during our meeting, we agreed that the total required parking spaces (as defined by the Zoning Ordinance) could be reduced if: (1) the uses were compatible off -time uses; and (2) a shared parking agreement was established between the uses and recorded with the Frederick County Clerk of the Court. By "compatible off -time uses" we are referencing uses that have differing hours of operation. For example, a movie theater is most often conducting business in the evening hours of Thursdays and Fridays and all afternoon/evening of Saturdays and Sunday; a compatible off -time use might be an office use (professional offices, medical offices). These two use categories are generally NOT utilizing the same hours of operation, and would not be simultaneously utilizing the parking spaces; and therefore, could arrange parking via a shared parking agreement. This shared parking agreement concept could reduce the required on -site parking for a theater, as long as a shared parking agreement existed which enabled the theater to utilize the adjacent use's (i.e. Professional or Medical Office use) parking spaces. A 2,714 seat theater would ultimately be required to have access to 679 parking spaces; a significant portion of these required spaces could be secured off -site with the shared parking agreement. In theory, this shared parking agreement concept could reduce the total project's required parking by up to 50 percent, based on uses. I am available should additional clarification be warranted. Sincerely, Eric R. Lawrence, AICP Planning Director rAKKIN6 -FF S C6utJT HY[D. 8] 1y�pa! D•j:'iMAlil I,'4i� i PLA4 gn > wutwun ra srrr - ii ' Y W F' FP6DLX7fd 4@SRAv7"!kA. 'AGFRNB!" ![ } kHy$sAHNC. ra ek':s[+om. r�+ n !ue6vparti: —_dam-,___ SLRMIn. 6E<k➢[S[`, A hSThl YM+Bfs C€ T(iEEi ri[u tG iREE r%ER M. F Er lfi RSRr�? R9fl i£G� 10 1HF[S "iF& f� Q A OF- A , i[9?l1EK #1 A, 44 rErir iRi f;l Jlr {X:-1rF,9 op-ENTTvuAv l r , PROJECT 5"ARY zle Tiziws'm— u iT: Awes azi C:3 �' ( p>• ������-'""`� i t,.�..f LAIlUaCAWi x,teA ['!G WiR Ex:1r 4 (y'C W�1 tY'lll l%:YIfD N i. !:.xS '0 "N b: rtl4�Yi I FA:,I r� < n 7 J - it � �,,r. uD,� I,A +. YI+A. , „�:., • wl:�. ,r, .�. �x.�..., f film + — 1 j�11}i,CLu1111]ilUJJt � `-�' �lr ,""` "" °R •`" , _t_.•_y_.. �--- ^" ".._,-'r:�,:] ..._i - 4 _.... .. ..._ .. _........... _._._._ ....___......... ......... SAL FEA7LW $ y a. b' ... 5 1 -" .. P RJ15 1 JArtD DS .fS n YW I W I W iwl Rp[AY w OWN if L RX r'l...... ':aone:Bo Eni `car_ . rlw,0 Jt L.: L..1 LEGEND � r I-- ............. __._T ................... ___. - ___.___._. .. 4 - -- ..._.... -_.__. ___....... ....� .�5 3#� ccM j PRELIMINARY MASTER KERNSTOWN COMMONS TWP DEVELOPMENT- PLAN CCU 100, ..: 1 '13i)UN'1'Y OF LI i. RI.Ali, JfNGiNlA I 1 _ t 1-- VDOT SET Q�1tK LOT WN E rd�erns7toiw:7n-, October 24, 2005 Mr. Eric Lawrence Frederick County Planning Commission Dear Eric: Our group is experiencing difficulty with the theater company we had intended to originally construct a building for their lease. Our previously submitted design was not approved by the County. We are in the process of terminating our lease with them. RC Theatres feels as if we could have one of our prior designs approved "as is", but we do not feel it is possible. We intend to sell all contiguous parcels and Covenants for the Property indicate all lot owners must self -park per County requirements. If we cannot agree to terminate the lease, they have indicated they will formally record the lease or place an arrangement upon the property which will not be available for development until resolved. Any suggestions or assistance the County may provide regarding planning & zoning would be appreciated. • Given attached previous alternate designs A & B, could you please comment of the county parking requirements related to a theater with 2714 seats. Provide any available details on a County "Shared Parking Ordinance", or how a case of set I ------ ---- -r -- _ - - -- ----,a 1-- ,�--AI-A Thank you, ,4.1,t,<, Nick Nerangis 500 Pegasus Court L t ' I' vil 0 U is, t� ■ i Patton Harris Rust & Associates,pc ?u;t nrrrs. sil"e'; l" plowle15 lowktnpt: PHRn CORPORATE: Chantilly VIMINIA OFFICES: Chanlllly Bridgewater FredetlCi.Sbur(g Leesburg Riehrnond Virginia Boacl: Winchesler VVoodbi id.p, LABORATORIES: Chantilly Frederic ksbmg MAMAND OFFICES: Bohimore Columbia Frederick Gelmorlown Hollywood Hunt Volley WEsi VIRaINIA OFFICE: Miarlln,,NiIn T 5d0 661.113'? F 540.665 N93 1 17 East Plcccld lly Sorel V'Viwd)ei,rr. VA 22601 s }� ; retw� is June 2, 2005 Mr. Jerry Copp Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Kemstown Commons MDP Dear Mr. Copp, Co . z • D Thank you for meeting with me yesterday to discuss options regarding the Limited Use Area at the north east end of the site. in an attempt to formalize our proposal, we've prepared the following note to add to the Master Plan. +R+Z 7 l c,�-c.rs 'a. 8' I , ; A p rw �t:-�j — R- o ' w %o � U u Voluntary Building_ Restriction Line — Limits of Use: Parking and other accessory uses shall be permitted in the area located east of the voluntary building restriction line pursuant to applicable requirements of the Zoning Ordinance. In the event that VDOT determines that all or a portion of said area is required for public road improvements and thus initiates the process of acquiring the necessary �ght-of-way, the property owner shall be responsible for relocating any parkingvXer accessory use installed within the- area that is required by County Ordinance to serve the primary uses on the site. The relocation of such uses shall occur at the owner's expense. Any cost associated with design and reconstruction of the limited use area for the purposes of public road improvements, to include removal of existing accessory uses, shall be the responsibility of VDOT. We would only show the Voluntary BRL on the Master Plan. A 75' buffer area had been discussed, but this restriction will not be required as any parking or other accessory uses outside the BRL, regardless of where situated, will need to be relocated. Please let me know if you have any comments on this approach and thanks again for working so closely with us on this issue. Regards, PATTON HARRIS RUST & ASSOCIATES, pc a�u� Ronald A. Miislowsky, P.E., VP cc: Nick Nerangis Mike Ruddy John Riley � 1 oA re cWAh'tA n&A�e�, _V &a�V !/r'ti 4.VvV�v tNtll+ OI.A�G.I�— r'pA� _Har r �' 1OL ►may be. t~ ptiaz ta. S•P ray +U.A:4 F_p o�� �, t^�,,R,.` ba.►.e.aC- spar buavl�t- ? a e-e.v i sed Doa-k4,1 eavwc Jun 03 05 08:36a PHRR WINCHESTER r� 540-665-0493 0 PHR/� CORPORATE: Chantilly VIRGINIA OFPICES: chanliily Bridgewolei Fledelic:kshurg Leesburg Richmond Virginia Bcack vVinchesier VVoodbl idclr. LABORATORIES: Chonlilly Fredericksburg MARYIAND OFFICES: Bahimore Cotumbra Frederick Gel In 011lown Hollywood Hunl Valley WEST VIRGINIA OFFICE: IMartlnshuitT Patton Harris Rust & Associates,pc ?u,l�narrs. Shcv��;�'a�.'IGn�Ial� I:Ina>:uln; A•ch'!i:ele. T 540.66/.2134 F 540.665 0,!43 1 17 Eosl Plccud Ily Shoct Win..^.hrsler• VA 22601 June 2, 2005 Mr. Jerry Copp Virginia Department of Transportation 14031 Old Valley Pike Edinburg, VA 22824 RE: Kernstown Commons MDP Dear Mr. Copp, Thank you for meeting with me yesterday to discuss options regarding the Limited Use Area at the north east end of the site. In an attempt to formalize our proposal, we've prepared the following note to add to the Master Plan. Voluntary Building Restriction Line — Limits of Use: Parking and other accessory uses shall be permitted in the area located east of the voluntary building restriction line pursuant to applicable requirements of the Zoning Ordinance. In the event that VDOT determines that all or a portion of said area is required for public road improvements and thus initiates the process of acquiring the necessary right-of-way, the property owner shall be responsible for relocating any parking of other accessory use installed within the area that is required by County Ordinance to serve the primary uses on the site. The relocation of such uses shall occur at the owner's expense. Any cost associated with design and reconstruction of the limited use area for the purposes of public road improvements, to include removal of existing accessory uses, shall be the responsibility of VDOT. We would only show the Voluntary BRL on the Master Plan. A 75' buffer area had been discussed, but this restriction will not be required as any parking or other accessory uses outside the BRL, regardless of where situated, will need to be relocated. Please let me know if you have any comments on this approach and thanks again for working so closely with us on this issue. Regards, PATTON HARRIS RUST & ASSOCIATES, pc Ronald 'slowsky, P.E., VP cc: Nick Nerangis Mike Ruddy John Riley • • Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. MAY 1 6 2005 12 May 2005 Mr. Jerry Copp Virginia Department of Transportation 14031 Old Valley Pike Edinburg, Virginia 22824 RE: Route 37/11 Interchange Kernstown Urquhart Property (PIN 75-A-10A, 23.182 Acres) Dear Jerry, As we have discussed, we now represent Mr. Glen Urquhart who is owner of the property which comprises the northwest quadrant of the I-81/VA Route 37 interchange. This owner hereby applies to VDOT to request approval of a break in l limited access to allow a signalized intersection at the VA Route 37 ramp PH intersection with U.S. Route 11. The subject property is currently zoned B-3 and the owner desires to proceed with a down zoning to B-2 of the subject site. The CORPORATE: intersection provided by the limited access break will allow suitable access to the Chantilly subject site for retail commercial use. VIRGINIA OFFICES: Currently the Kernstown Commons project (the southwest quadrant) has applied Chantilly for this break and has provided substantial information including a TIA and Bridgewater geometric plan for highway improvements. Also, PHR+A is currently involved in Fredericksburg the preparation of an interchange modification study and report adequate to define Leesburg 2035 as well as near term improvements to the I-81/VA Route 37 interchange. All Richmond improvement plans suggest the signalization of the two Route 37 ramp intersections Virginia Beach with Route 11. Mr. Urquhart is interested in providing the needed road Winchester improvements and stoplight in return for the limited access break. Woodbridge We are requesting Frederick County to provide you with planning and County LABORATORIES: Board endorsement of this application, as you will need to process this application. Chantilly Fredericksburg Sincerely yours, PATTON HARRIS RUST & ASSOCIATES, pc MARYLAND OFFICES: Baltimore Columbia -�Q Frederick C. E. adlVr doP.E. Senior Vice i'resident Germantown Hollywood CEM/kf Hunt Valley Enclosure WEST VIRGINIA ,�,�17 OFFICE: cc: Mr. John Riley Martinsburg Mr. Eric Lawrence Mr. Glen Urquhart T 540.667.2139 Mr. John Callow, PHR+A F 540.665.0493 Mr. Chris Mohn, PHR+A 1 17 East Piccadilly Street Winchester, VA 22601 Nn:s" IN- ow ," . u Oil 11�4 k- Urquhart Property FREDLRICK 4 COUNTY.`„ f t VIRGINIA DEPARTMENT .OF TRANSPORTATION PAGE 1 OF 4 . CHANGE .OF LIMITED ACCESS CONTROL CHAPTER 400. 24 VAC 30-400-10. Authority. A. Pursuant to the authority granted by § 33.1-58 of the Code of Virginia, the Commonwealth Transportation Board (CTB) may designate all or any part of any existing or new highway as limited access, as the term "limited access highway" is defined in § 33.1-57 of the Code of Virginia, the designation of which requires the CTB to extinguish all easements of access, light or. air. Actions regarding limited access control, including changes in control, require CTB approval. These changes typically include shifting, moving, or breaking control, or any combination of these, after a project is completed, finalized and serving in its intended capacity. The Commissioner, shall pay damages, if any, to owners of properties abutting the existing or new highway for the extinguishment of these rights. This chapter establishes the rules pertaining to change of limited access control. B. The Commissioner or his designee may issue additional instructions to implement this chapter. 24 VAC 30-400-20. Policy and Conditions. A. Any change in limited access which is not covered under the General Rules and Regulations of the Commonwealth Transportation Board (24 VAC 30-20-80) as authorized by the CTB or Commissioner in the Department's Land Use Permit Manual (24 VAC 30-150) is considered a change of limited access control. B. Change of limited access control will be considered only in limited, special situations. The CTB will not consider a change in limited access control without a written determination from the Chief Engineer. VIRGINIA DEPARTMENT OF TRANSPORTATION - . - PAGE 2 OF 4 CHANGE OF LIMITED ACCESS CONTROL C: Any proposed change in limited access control shall, at a minimum; meet the following conditions: 1. Requests for limited access control changes shall be made in writing to the District Administrator in charge of the construction district where the requested change in limited access control is proposed. 2. Requests must be accompanied by the following: a. A resolution, letter of support, or formal request, or any combination of these, from the locality within which the highway is located where the change in limited access is proposed. b. A global traffic analysis prepared by the requestor, which the Department will review and approve prior to further action. c. An environmental analysis of the proposed change in limited access provided by the requestor, which the Department will review and approve prior to further action. 3. Prior to review by the Department, requestors shall: a. Pay for expenses associated with the Department's posting of a Willingness for Public Comment notice to allow public input to be collected concerning .the request prior to CTB action. If the requestor is a locality making a request for change in limited access control for public transportation purposes, the Chief Engineer may waive the requirement to pay for the posting. b. Post a deposit sufficient to cover the estimated cost associated with considering the request, including the Department's expenses in completing the required reviews, posting, approvals, and any other steps involved. The amount of the deposit will be determined by VIRGINIA DEPARTMENT OF.TRA.NSPORTATION .. PAGE 3 OF . CHANGE OF LIMITED ACCESS CONTROL the estimated amount of research and engineering and the cost of the appraisal :required to process the request prior to CTB approval. If the actual cost to consider the request exceeds the estimated cost, the requestor shall pay the Department the difference. This sum is in addition to any monetary compensation required. 4. A determination by the Chief Engineer that the change will not adversely affect the safety or operation of the highway. 5. If the location of the request for limited access control change is in an area determined to be a non -attainment area for air quality, the district must verify that the proposed limited access change has been through an air quality conformity review. D..If the proposed change in limited access does not meet the conditions set forth above, the Chief Engineer is authorized to deny the request. The Chief Engineer shall notify the requestor in writing of the denial and the right to a review by the CTB. E. The Chief Engineer shall notify the CTB of all denials. F. The requestor, within 30 days of the date of denial, and any CTB member may request the full CTB to review any denials for change of limited access. G. Upon the date of CTB approval 'of the request, the requestor shall have 180 days to submit the monetary or other consideration, and to secure all necessary permits from the Department. Failure to comply with these requirements within the specified period shall render the CTB approval void. The Department will convey any necessary land rights as necessary to comply with the request. 24 VAC 30400-30. Monetary compensation. VIRGINIA DEPARTMENT OF TRANSPORTATION PAGE 4 OF 4 CHANGE OF LIMITED ACCESS CONTROL A. Monetary compensation or other valuable consideration shall be required for any change in limited access control. Compensation due the Department for such change of limited access control shall be determined by an appraisal process approved by the Commissioner or his designee. The compensation shall be determined by using the before and after evaluation to determine the enhancement, if any, to adjoining property or properties as a result of CTB change of access control. This compensation determination shall be in an amount determined by the Commissioner or his designee. B. The costs of providing any safety or operational improvements necessary for the safety of the traveling public will be borne by the party or parties granted 'a change in limited access control in addition to the compensation determined by the appraisal process. The Commissioner or his designee shall approve any such compensation or other consideration, when all reviews and preliminary approvals are completed, and prior to CTB consideration. The Chief Engineer shall approve the necessary safety or operational improvements. 24 VAC 30-40040. Federal Highway Administration approval. If federal funds were used in right of way acquisition on Interstate System.projects, or if there is a significant change in the function or operation of the existing Interstate System highway facility, and federal funds were used in construction, the Federal Highway Administration shall approve the change or break in access. This approval is required prior to any consideration by the CTB. 24 VAC 30-400-50. Availability of regulations referenced. Regulations referenced in this chapter may be obtained by writing to the Chief Engineer at 1401 E. Broad St., Richmond, Virginia 23219, or from the following Virginia Administrative Code (VAC) website: http://Iegl_state.va.us/000/srr.htm. Patton Harris Rust & Aociates Engineers. Surveyors. Planners. Landscape Architects. Pk-R+A 117 East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 � - Transmittal To: Ms. Candice Perkins Organization/Company: Frederick County, Planning Address: Winchester, VA Telephone Number: Date: Nov. 10, 2005 From: Lori Adams for Cory Haynes Project Name/Subject: Kernstown Commons Via: Hand delivered Internal Project File #: 12814-1-0 Quantity File # Date Description Transmitted RECORDED COPY of the Declaration for ❑ Herewith 1 --- --- Kernstown Commons ❑ Under separate cover RECORDED COPY of the Material 1 --- --- Deed of Dedication for Kemstown Commons ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files Notes: ❑ Approval Please do not hesitate to call if you have any questions. ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Received by: Date: O -A-05 J U N 9 2006 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER June 8, 2006 Mrs. Lisa Nerangis Limoges C/O Orange Partners 500 Pegasus Court Winchester, VA 22602 Ref: Kernstown Commons Route 11, Frederick County Dear Mrs. Limoges: Enclosed is your approved Land Use Permit #855-7622 to cover the referenced project's Route 11 improvements and the installation of a force main utility line. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 11 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. For your information the account receivable number for this project is 00081525. Any inspection costs we incur will be billed to you monthly. If you have any questions concerning the permit requirements or during construction, do not hesitate to call. Sin y Lloyd A. Ingram Transportation Engineer LAI/rf Enclosure xc: Mr. Robert Hawkins VirginiaDOT.org WE KEEP VIRGINIA MOVING • 8 RLE COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 July 6, 2005 Mr. Charles Maddox, Jr. G. W. Clifford & Associates, Inc. 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-05 FOR KERNSTOWN COMMONS Final Master Development Plan Approval Dear Chuck: Frederick County administratively approved the above -referenced final master development plan on July 6, 2005. The master development plan is approved for the potential development of 31.5327 acres in the B2 (Business General) Zoning District within the Shawnee Magisterial District. This site is approved for commercial land uses as depicted on the plan. The property which would comprise this development is located in Kernstown at the southeast corner of the intersection of Route 11 and Route 37. The Frederick County Board of Supervisors granted staff administrative approval authority on March 23, 2005. 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 subdivision or 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, 0"' - &' Candice E. Perkins Planner Il CEP/dlw . cc: Orange Partners, LLC, 500 Pegasus Ct., Winchester, VA 22602 Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Patrick Barker, EDC Joe Wilder, Public Works 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 COUNly-Af)UM Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 6, 2005 Mr. Charles Maddox, Jr. G. W. Clifford & Associates, Inc. 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-05 FOR KERNSTOWN COMMONS Final Master Development Plan Approval Dear Chuck: Frederick County administratively approved the above -referenced final master development plan on July 6, 2005. The master development plan is approved for the potential development of 31.5327 acres in the B2 (Business General) Zoning District within the Shawnee Magisterial District. This site is approved for commercial land uses as depicted on the plan. The property which would comprise this development is located in Kernstown at the southeast corner of the intersection of Route 11 and Route 37. The Frederick County Board of Supervisors granted staff administrative approval authority on March 23, 2005. 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 subdivision or 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, Candice E. Perkins Planner II CEP/dlw cc: Orange Partners, LLC, 500 Pegasus Ct., Winchester, VA 22602 Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Patrick Barker, EDC 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 FW: Kernstown Commons is 0 Subject: FW: Kernstown Commons From: "Christopher M. Mohn AICP" <Chris.Mohn@phra.com> Date: Tue, 21 Jun 2005 08:42:00 -0400 To: <cperkins@co.frederick.va.us> -----Original Message ----- From: Ronald A. Mislowsky [mailto: Ronald. Mislowsky@phra.com] Sent: Monday, June 20, 2005 8:36 AM To: Christopher M. Mohn Subject: FW: Kernstown Commons -----Original Message ----- From: Funkhouser, Rhonda [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov]On Behalf Of Ingram, Lloyd Sent: Friday, June 17, 2005 3:34 PM To: 'Ron. Mislowsky@phra.com' Cc: Eric Lawrence (E-mail); Copp, Jerry; Alexander, Scott; Ingram, Lloyd Subject: Kernstown Commons Ron, We have reviewed the latest submittal for your proposed entrance at Kernstown Commons. We feel we can approve this proposal contingent upon the agreement the development will be limited to 70% of the build out. Any additional expansion beyond the 70% will require a new TIA to identify improvements ofingress/egress to mitigate the additional traffic load. While not detailed on this last submittal, the developer will be responsible for signals at the entrance as well as the intersection of Route 11 and the Route 37 South off ramp. All turn lanes and tapers shown on the submittal for construction will be the responsibility of the developers. Other minor requirements can be satisfied during the detailed site plan review. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 1 6/30/2005 6:43 PM gilbert w. clifford & a0ciates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 PH'?NA Winchester, Virginia22601 T 540.667.2139 Transmittal F 540.665.0493 To: Candice Perkins, Planner II Organization/Company: Frederick County Department of Planning Address: J U N 3 0 2005 Telephone Number: Date: June 30, 2005 From: Patrick Sowers Project Name/Subject: Kernstown Commons MDP Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 5 7/30/05 Final signed copies ❑ Under separate cover Notes: Received by: Date: Material ® Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints ENDORSEMENT — LIMITED ACCESS LINE BREAK - FOR ORANGE PARTNERS, LLC (KERNSTOWN COMMONS) Action: PLANNING COMMISSION: May 4, 2005 - Recommended Approval BOARD OF SUPERVISORS: June 22, 2005 ❑ APPROVED ❑ DENIED WHEREAS, Orange Partners, LLC, the property owner of a 31.5 acre B-2 (Business General) zoned property, identified by Property Identification Number 75-A-10, located on the east side of US Route 11 (Valley Pike), south and adjacent to VA Route 37, and west and adjacent to Interstate 81 Exit 310, is seeking a limited access line break from the Commonwealth Transportation Board to facilitate improved vehicular access to the property from Route 1 l; and WHEREAS, The property owner has agreed to restrict development within the designated `limits -of -use' area, reserving such area for future tight -of -way necessary to accommodate an improved I-81 and Route 37 interchange. As such, the development within this `limits -of -use' area could include non -ordinance required parking and accessory uses; and WHEREAS, The property owner has agreed that the potential relocation of any parking or accessory uses constructed within this future right-of-way will not be the County nor the State's financial responsibility; and WHEREAS, The property owner intents to develop the 31.5 acre subject site for commercial uses, business and service opportunities that will enhance the community's quality of life and tax base; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the property owner's request for Endorsement of Limited Access Line Break is hereby supported. This resolution of support shall be in effect on the day of adoption. PDRes#26-05 0 Passed this 22nd day of June 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Lynda J. Tyler Aye Gary W. Dove Aye Gina A. Forrester Aye Bill M. Ewing Aye Gene E. Fisher Aye A COPY ATTEST A-)-t 4" John ley, Jr. Frederick County A ministrator PDRes#26-05 BOS Resolution No.: 067-05 0 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 y:F MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, Planner II 0T DATE: June 13, 2005 RE: Request for Endorsement of Limited Access Line Break for Kernstown Commons The Frederick County Department of Planning and Development has received a request from Patton Harris Rust & Associates, PC, for an endorsement of a limited access line break for the project known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown. As you may recall, this is the same property that was recently brought forth to the Board of Supervisors as a Master Development Plan (MDP) and approved with conditions at the March 23, 2005 meeting. The MDP depicted three entrances (two frill commercial entrances and a right- in/right-out only), the southern entrance met the appropriate VDOT distance spacing; however, the two northern entrances would require a limited access break from VDOT. The request that has been submitted to the county is only asking for the endorsement of a limited access line break for the northern full commercial entrance; the right-in/right-out has been eliminated from the project. The entrance that the applicant is requesting would be signalized and aligns with the off ramp of Route 37. The request for this endorsement of the limited access line break is the first step for the applicant to begin the process for review from the Commonwealth Transportation Board (CTB); the CTB will ultimately decide if this break will be granted. Included with this memo is the request for the endorsement, as well as a map of the site provided by the applicant. The applicant is seeking a resolution from the Board of Supervisors for the endorsement of this limited line access break for Kernstown Commons. The Planning Commission considered this limited access line break at a public meeting held on May 4, 2005. Various issues were discussed by the Planning Commission, including: The adequacy of right- hand turn lanes exiting the site and traveling north towards the bridge without the benefit of an acceleration lane; the possibility of providing signalization at both entrances to the site, as well as at the terminus of Rt. 37; the possibility of the provision of an inter -parcel connector with the property to the north. In addition, they discussed how this proposal would fit in with the Crosspointe development's preliminary design on the Rt. 37 exit over I-81. There were no citizen comments. No conflicts with the Comprehensive Policy Plan were identified and the Commission unanimously recommended endorsement of the limited access break. (Commissioner Watt was absent from the meeting.) CEP/bad/Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 63 A 60A s7 WATTS, RICHARD L 87 37 75 A 10A WINCHESTER-81 L L C O 37 O s7 75A 6B 41A VANCO, LLC s7 A 75A 6 B 41 VANCO, LLC to � • sAF A 9 �� k'hofR F9TFs` Ices 94es�ed e S �� G cyZ9pFy 75 A 10 lo 5 ORANGE PARTNERS, LLC o J �h� �� �oySFN 2 Q �� , 75 A 90 Y' °.posy GLAIZE DEVELOPMENTS, INC <<� o G9l�Fy >S 642 chi 'Oq q 75 A 2 • ORTON INVESTMENTS, LLC 75 A 11C MILLER AUTO SALES, INC 89A GLAIZE DEVELOP TS, INC 75 A 28 21 75 A 89 VALLEY PIKE, LLC j5 OF LL EDEN,C O GLAIZE DEVELOPMENTS, INC GARDEN Limited Access Line Break For Kernstown Commons N (75-A-10) w 3� � o na saa iooa isoa S F- 37 37 i 4k*A-W�•,q�� or h o Y eSS SZN TANQF TM Y. \ 6 "♦ 1:, Ilk SOAP- lk HID NTS, ,`` t+* • L ALTO SALES, 1 y � A 7� A 26 VAI.KY P • G:,L(T►s. 75r 3 EDEN,EIC GARDEN OF � . All 75 A 90 a a 'MDEVELOPMEWS.INC4 Limited Access Line Break N For Kernstown Commons (75-A-10) w ' 0 250 5 0 , 000 I'm S 0 Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: ENDORSEMENT — LIMITED ACCESS LINE BREAK - FOR ORANGE PARTNERS, LLC (KERNSTOWN COMMONS) May 4, 2005 - Recommended Approval June 22, 2005 ❑ APPROVED ❑ DENIED WHEREAS, Orange Partners, LLC, the property owner of a 31.5 acre B-2 (Business General) zoned property, identified by Property Identification Number 75-A-10, located on the east side of US Route 11 (Valley Pike), south and adjacent to VA Route 37, and west and adjacent to Interstate 81 Exit 310, is seeking a limited access line break from the Commonwealth Transportation Board to facilitate improved vehicular access to the property from Route 11; and WHEREAS, The property owner has agreed to restrict development within the designated `limits -of -use' area, reserving such area for future right-of-way necessary to accommodate an improved I-81 and Route 37 interchange. As such, the development within this `limits -of -use' area could include non -ordinance required parking and accessory uses; and WHEREAS, The property owner has agreed that the potential relocation of any parking or accessory uses constructed within this future right-of-way will not be the County nor the State's financial responsibility; and WHEREAS, The property owner intents to develop the 31.5 acre subject site for cornmercial uses, business and service opportunities that will enhance the community's quality of life and tax base; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that the property owner's request for Endorsement of Limited Access Line Break is hereby supported. This resolution of support shall be in effect on the day of adoption. PDRes#26-05 Passed this 22nd day of June 2005 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Lynda J. Tyler Gina A. Forrester Gene E. Fisher PDRes#26-05 Gary W. Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator gilbero. clifford & associates • a division of Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. March 25, 2005 Mr. Eric R. Lawrence, AICP Director of Planning Department of Planning and Development County of Frederick, Virginia 107 N. Kent St. Winchester, Virginia 22601 RE: Kernstown Commons ��Dc�o�� i iJ L� LIAR 2 5 �106 FREDERICK COUNTY PLANNING & DEVELOPMENT Subject: Request for Endorsement of Limited Access Line Break PR+l n i Dear Mr. Lawrence: This correspondence is a formal request on behalf of Orange Partners, LLC for Chaantillntill E: CoFrederick County's endorsement of a break in the limited access line of VA Route y 37. The break is sought to allow an entrance to the proposed Kemstown Commons VIRGINIA OFFICES: lifestyle center at the existing intersection of U.S. Route 11 and the southbound Chantilly interchange ramps of VA Route 37. The Commonwealth Transportation Board Bridgewater (CTB) possesses sole authority for granting limited access line breaks, but will only Fredericksburg consider such proposals following the completion of public hearings and an Leesburg affirmative review by the local governing body. The requested endorsement is Richmond therefore required to initiate the formal review process by the Virginia Department Virginia Beach of Transportation (VDO'T) and, ultimately, the CTB. Winchester Woodbridge The subject property is zoned B2 (Business General) and consists of 31.5327 acres. LABORATORIES: The site is located on the east side of U.S. Route 11 (Valley Pike), south and Chantilly adjacent to VA Route 37, comprising the southeast quadrant of the VA Route 37 Fredericksburg interchange area. The limited access line for VA Route 37 extends south along the MARYLAND OFFICES: east side of U.S. Route 11, to include approximately 630 feet of the subject Baltimore property's frontage. Columbia Frederick Background and Justiicatio Germantown Hollywood The initial and preferred design of Kernstown Commons included two points of WEST VIRGINIA access from US Route 11, and was the basis for early land planning efforts as well as OFFICE: negotiations with prospective commercial tenants. Under this favored scenario, the Martinsburg primary entrance would be located opposite the southbound ramps of VA Route 37 and a secondary entrance would be situated further south on the site. The T 540.667.2139 circulation pattern enabled by this arrangement would promote ideal emergency F 540.665.0493 services access while also allowing ease of customer access via alternative entrance 1 17 East Piccadilly Strepoints. Winchester, VA 22601 The alignment of the primary entrance with the exit ramps of VA Route 37 would permit destination trips to move directly from VA Route 37 into the site. The availability of this entrance would result in the efficient management of project - generated trips, as traffic could access the site without performing the circuitous series of turns on US Route 11 necessary if only one entrance was provided. The provision of a primary entrance aligned with the exit ramps was therefore recognized as advantageous both in terms of the operation of Kernstown Commons and function of US Route 11. The preliminary Master Development Plan (MDP) for the project depicted this preferred entrance arrangement, and was subsequently circulated for review agency comment. Research conducted by VDOT during its review period revealed the presence of the limited access line along the frontage of the property. The impact of the limited access line on project design was profound, as the preferred primary entrance was R+A required to be eliminated pending approval of the limited access line break. As PH such, the MDP for Kernstown Commons formally submitted to Frederick County included a single entrance for project access, the location of which was generally consistent with that of the original secondary entrance (see MDP #04-05, Kernstown Commons). This MDP received authorization for administrative approval from the Board of Supervisors on March 23, 2005, with the understanding that the limited access break request would be brought back for County review as a separate action item. If ultimately approved by the CTB, the limited access line break sought by Orange Partners, LLC would allow the installation of the primary project entrance as originally planned opposite the southbound VA Route 37 exit ramps. It is noted that the preliminary plans for the project also included a right-in/right-out entrance north of the proposed primary entrance. This entrance has been eliminated from the project scope and is not proposed with this request. Attached is an exhibit depicting the entrances proposed for Kernstown Commons as well as the location of the existing limited access line. The proposed limited access line break is essential to realizing the full development potential of Kernstown Commons, the design of which promises its emergence as the premier commercial destination for both citizens and guests of Frederick County. The proposed primary entrance conforms with sound site planning practices by enabling multiple access points for project -generated traffic. As stated previously in this letter, the availability of multiple entrances will promote a safer and more efficient commercial project, as access will be maximized and the safety risks posed by a single access point eliminated. Approval of the requested limited access line break is imperative for such improved site design to be achieved. As such, the request by Orange Partners, LLC merits favorable consideration and endorsement by Frederick County in order to allow its full evaluation by VDOT and the CTB. 0 0 Pn*osedProcess-forPubficWi ut and Endorsement The VDOT process for initiating limited access break proposals requires that advertised public hearings be conducted as a precursor to action by the local governing body. The VDOT Edinburg Residency has indicated that these public hearings may be held coincident with the Planning Commission and Board of Supervisors meetings during which the proposal is scheduled for review. It is therefore requested that the limited access line break request for Kernstown Commons be included as a public hearing item on the April 20, 2005 Planning Commission agenda, to be followed by a Board of Supervisors public hearing on the next appropriate agenda. Assuming approval by the Board, a resolution formally endorsing the limited access break is desired. Please do not hesitate to contact me should you have any questions or concerns R+A regarding this matter. PH Sincerely, PATTON HARRIS RUST & ASSOCIATES, pc C.E. Maddox, Jr., P.E., Senior Vice President CEWkf Attachment cc: John R. Riley, Jr., County Administrator Jerry A. Copp, Transportation Resident Engineer, VDOT Lloyd A. Ingram, Transportation Engineer — Land Development, VDOT Steve Nerangis, Orange Partners, LLC Christopher Mohn, AICP, PHR+A ; IEaT 310 �� � I m /I I PR�CI / l l 1 6 t?D C ESS E _ li ED P Y ENTRANCE APPROVAL jI II II II OF LIMITED A ESS BREAK I I �Ilili _ I A�m�LI Isms! TO 5 j DELINEATED LIMITED ACCESS LINE II3-28-65 5 j REVISIONS PER COUMY STAFF COMMENTS 13-is-ab 4 ADDED ROUTE 11 IMPROVEMENTS 1-21-a51, 3 jADDED STOPLIGHT PER C. MOHN 1-2O-OSj 2 j REVISIONS PER LIMITED ACCESS LINE i1-22-04 - 1 j REVISED LOT NUMBERS PER OWNER 11121 - - N0. DE ERiPT10N DATE REvS'D REYR'D AFP,NO DATE RCy:S. ':i4 m 01 • • GR4PJ'/1L^SCr4LE !m as o /ao Baia ( N FEEL ) !id- Aw It N 'LTN co gilbert w. clifford & associates +!4' i satvof : y Patton Harris Rust & Adscaoe tea,pc PROPOSED ? a' Enginaera. S$frveyars. Planners. L.andsaape Architects. K E R N STO W N COMMONS a G.E. MADDOX, JR.= LIMITED ACCESS V CERTIFICATE NO. 117 East M..sdlly Street, SAKI, 2DD wx+ Winahea er.swims 226NLINE BREAK T 540 ati721J9"`p0N&, F 540s66.0493 COUNTY OF FREDERICK, VIRGINIA m Q 0 DESIGN SURVEY CEN DRAWN DATE TwP MARCH 2005 CHECKED SCALE CNM SHEET FILE NO. 101 6 iDEUNEATf17 UNITED ACCESS UNE ;7-75-051 ( j 5 ! REVISIONS PER COUNTY STAFF COMMENTS 1 3-15-OS i 4 jADDED ROUTE 11 IMPROVEMENTS 11-T7-m I 1 3 ADDED STOPUCHT PER C. MOHN I 1-3o-0 22 REVISIONS PER UMMED ACCESS UNE I71-a-Ml 1 REVISED LOT NUMBERS PER OWNER I9-2-041 NC. DESCRPTION i JA..L RE, Ll APW )A7E RE'•i1570N TH -vw. CSISfOrd & OF gilberr r3SJOCi .I:`.� Paton Harris Rust & Adsccoe tes,pcPROPOSED En9:neers. Sarve��rs. Plannars. londaccpe Arei[ects.%. JR.ZLIMITED NO. 117 Eas: ?cead:ar Street, Sake 270091 ACCESS Lc66Efm,_ncATE- + W—homer. V ylnla 22c ::LINE BREAK T v106672`:39css+a G.91R P 540.66ii.N93 KERNSTOWN COMMONS COUNTY OF FREDERICK, VIRGINIA E::IGN \ _JRiEY CEM OR.a14N DATE TWP MARCH 2O05 CHECKED SCALE —._. CMM SHeet =!LE NO. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 MEMORANDUM F TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II OJ' DATE: April 15, 2005 RE: Request for Endorsement of Limited Access Line Break for Kernstown Commons The Frederick County Department of Planning and Development has received a request from Patton Harris Rust & Associates, PC, for an endorsement of a limited access line break for the project known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown. As you may recall, this is the same property that was recently brought forth to the Planning Commission at their March 2, 2005 meeting for their Master Development Plan (MDP). The MDP for this site was approved by the Board of Supervisors with conditions at their March 23, 2005 meeting. The MDP provided depicted three entrances (two full commercial entrances and a right-in/right-out only), the southern entrance met the appropriate VDOT distance spacing; however, the two northern entrances would require a limited access break from VDOT. The request that has been submitted to the county is only asking for the endorsement of a limited access line break for the northern full commercial entrance; the right-in/right-out has been eliminated from the project. The entrance that the applicant is requesting would be signalized and aligns with the off ramp of Route 37. The request for this endorsement of the limited access line break is the first step for the applicant to begin the process for review from the Commonwealth Transportation Board, which will ultimately decide if this break will be granted. A recommendation to the Board of Supervisors is being requested of the Planning Commission by the applicant. Ultimately, a resolution regarding this break in access is being sought form the Board of Supervisors. Included with this memo is the request for the endorsement as well as a map of the site provided by the applicant. If you have any questions, feel free to contact me. CEP/bad 1 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ®QO € EXT 310 1 n MI) PRZNA�Y-bii:RANCE -T T1,--1 OF LIMITED A07ESS BREAK myl -- — 6 NEATER UNRTED ACCESS UNE j3-25-OS� 5 i REVISIONS PER cOUNTY STAFF COMMEN1s j 3-m-as . 4 GADDED ROUTE 11 IMPROVEMENTS t-z7-m f 3 j ADDED STOPLIGHT PER C. MOHN 1-20-651 2 REVISION6 PER UMrrED ACCESS LINE i.11-22-011 1 i REVISED LOT NUMEIERS PER OWNER i9-2-04 NO. DESCRIPTION I DATE MVVD KWD AP" DATE REJ!Si0N C7 d r`TH op gilbert w. clifford & associates 36 a timl•, os a a Patton Harris Rust a Associates,pc PROPOSED Engineers. Surveyors, Planners Landecepe Architects. K E R N STO W N COMMONS o c MAODOX, JR.= - LIMITED ACCESS u CER717�091E N0. � 117 Emt Piaadd Street, Seas 200 'T 54 667. Vfminia 22ti0'I LINE BREAK T 540887.2?J2 JL A.F 54D.6M.Nw9 COUNTY OF FREDERICK, VIRGINIA GRAPAW SC ZE lm JO 0 Iw AW (N"W I Am - mo R DESIGN SURVEY CEM DRAWN DATE TWP MARCH 2O05 CHECKED SCALE CLAM SHEET nLE NO. W .No WA I 6NOKUNEATED LWTED ACCESS UNE ]-ri-06j 5 :REVISIONS PER COUNTY STAFF COMMENTS 3-t6-osj 4 :ADDED ROUTE 11 IMPROVEtAENTS t-Z7-m j 3 j ADDED STOPLIGHT PER C. MONN t-7o-as - 2 j REVISIONS PER UMTTED ACCESS LINE Iit-a-0ai 1 (REVISED LOT NUMBERS PER OWNER 9-2-04 NC. CESCRiPTiCN -�a?c jRMD �y�,+p pp(ry'0 CATS 6 L r 0H Op bGilbert w. clifford & associates �4.6 a olvieiar o€ c o Patton Harris Rust 8 Associates ,pc PROPOSED - KERNSTOWN COMMONS ? � Eng�eers. Survey_rs. Planners. LonOscope Architects. .c.E nCATE, JR.= LIMITED ACCESS u CETTII 7091E N0. � ttl Est Piccadtlty Street, Spite 200 WJL-+ Wlmheeterr. "'�""ia 22 LII�E BREAK T 54a667Z136o'"s'°""`F 5400.655.6d93 COUNTY OF FREDERICK, VIRGINIA _ GiQ4PHifCS�4LE' rm as o rm im (mfar) mll ES�GN SURVEY CEM LRAW14 DATE 7WP MARCH 2O05 CHECKED SCALE CMM SHEET r!LE NO. l ;,7l COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 F,,,. MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II DATE: April 15, 2005 RE: Request for Endorsement of Limited Access Line Break for Kernstown Commons The Frederick County Department of Planning and Development has received a request from • Patton Harris Rust & Associates, PC, for an endorsement of a limited access line break for the --project known as Kernstown Commons. This property is located at the southeast corner_,.of the intersection of Route 11 and Route 37 in Kernstown. As you may recall, this is the same -it forth to the Planning Commission at their March 2; 2005 property that was recently broug meeting for their Master Development Plan (MDP). The MDP for this site was approved by the Board of Supervisors with conditions at their March 23, 2005 meeting. The MDP provided depicted three entrances (two full commercial entrances and a right-in/right-out only), the southern entrance met the appropriate VDOT distance spacing; however, the two northern entrances would require a limited access break from VDOT. The request that has been submitted to the county is only asking for the endorsement of a limited access line break for the northern full commercial entrance; the right-in/right-out has been eliminated from the project. The entrance that the applicant is requesting would be signalized and aligns with the off ramp of Route 37. The request for this endorsement of the limited access line break is the first step for the applicant to begin the process for review from the Conninonwealth Transportation Board, which will ultimately decide if this break will be granted. A recommendation to the Board of Supervisors is being requested of the Planning Commission by the applicant. Ultimately, a resolution regarding this break in access is being sought form the Board of Supervisors. Included with this memo is the request for the endorsement as well as a map of the site provided by the applicant. If you have any questions, feel free to contact me. CEP/bad i 107 North Kent Street, Smite 202 a Winchester, Virginia 22601-5000 63 Aw WATTS, RICHARD L 75A 6 B 41A VANCO, LLC 75A 6 8 41 VANCO, LLC U q q R,y�oRFol -9 2 HORl N INVES11AENTS, LLC n 75 A 10 ORANGE PARTNERS, LLC 75 A 10A WINCHESTER-81 L L C 75 A 90 GLAIZE DEVELOPMENTS, INC 75 A 11C 889A J MI LER AUTO SALES, INC GLAIZE DEVELOP TS, INC 75 A 2B VALLEY PIKE, LLC 75 GAR 5 ED N �lC 75 A 89 OF O GLAIZE DEVELOPMENTS, INC Limited Access Line Break m N For Kernstown Commons (75-A-10) W-* 0 15a 500 , o00 ,.5�� S .-. Feel ®11 4, ji Y .l. i°�' vii,' • ; a ' JSIPWA1,: / 4 ►'`<,`, r `f 37 _ R Y /. • r t s LLC �x � 4 37 ,�� t • t � _ � �`� All s Y M • 1 a • ti CO, LlC +: + •%*q� � � . -` t(+r' :� Mai �' � , 75 A 90 - �.�_, ► A � '�� • � ; ! DEVELOPMEJI;S, INC / �'� r � `'9C .��a` C�@_ s' �` � y s 64 'i' ,�.v� `�t_;�' fi 4 ` w♦ IL rL 'p Q+ • ° ' -� Z - !Fi' I • ` .r :;:*k .T r .�� t 't -,.` 1�; ! }: r i r r. tea.. w •3 s N �lL.t �:. -. � kk A 11 C ALTO SALES, IN = 75 °A- 29 `' ! 1' .• '' VALL� ,�L w� r., GAR ,N f O DE Limited Access Line Break SM m\ For Kernstown Commons N (75-A-10) 0 250 Soo 1000 I'M S F•.i gilbeow. Clifford & associates • r-- a division of Patton Harris Rust & Associates, pc 1f Engineers. Surveyors. Planners. Landscape Architects. t MAR 2 5 March 25 2005 -NT Mr. Eric R. Lawrence, AICP Director of Planning Department of Planning and Development County of Frederick, Virginia 107 N. Kent St. Winchester, Virginia 22601 RE: Kernstown Commons Subject: Request for Endorsement of Limited Access Line Break P Dear Mr. Lawrence: H 1 + i This correspondence is a formal request on behalf of Orange Partners, LLC for CORPORATE: Frederick County's endorsement of a break in the limited access line of VA Route Chantilly 37. }The break is sought to allow an entrance to the proposed Kernstown Commons VIRGINIA OFFICES: lifestyle center at the existing intersection of U.S. Route 11 and the southbound Chantilly interchange ramps of VA Route 37. The Commonwealth Transportation Board Bridgewater (CTB) possesses sole authority for granting limited access line breaks, but will only •Fredericksburg consider such proposals following the completion of public hearings and an Leesburg affirmative review by the local governing body. The requested endorsement is Richmond therefore required to initiate the formal review process by the Virginia Department Virginia Beach of Transportation (VDOT) and, ultimately, the CTB. Winchester Woodbridge The subject property is zoned B2 (Business General) and consists of 31.5327 acres. LABORATORIES: The site is located on the east side of U.S. Route 11 (Valley Pike), south and Chantilly adjacent to VA Route 37, comprising the southeast quadrant of the VA Route 37 Fredericksburg interchange area.. The limited access line for VA Route 37 extends south along the MARYLAND OFFICES: east side of U.S. Route 11, to include approximately 630 feet of the subject Baltimore property's frontage. Columbia Frederick Background and,jusft mafton Germantown Hollywood The initial and preferred design of Kernstown Commons included two points of WEST VIRGINIA access from US Route 11, and was the basis for early land planning efforts as well as OFFICE: negotiations with prospective commercial tenants. Under this favored scenario, the Martinsburg primary entrance would be located opposite the southbound ramps of VA Route 37 and a secondary entrance would be situated further south on the site. The T 540.667.2139 circulation pattern enabled by this arrangement would promote ideal emergency F 540.665.0493 services access while also allowing ease of customer access via alternative entrance 1 17 East Piccadilly Strepoints. Winchester, VA • 22601 The alignment of the primary entrance with the exit ramps of VA Route 37 would • permit destination trips to move directly from VA Route 37 into the site. The availability of this entrance would result in the efficient management of project - generated trips, as traffic could access the site without performing the circuitous series of turns on US Route 11 necessary if only one entrance was provided. The provision of a primary entrance aligned with the exit ramps was therefore recognized as advantageous both in terms of the operation of Kernstown Commons and function of US Route 11. The preliminary Master Development Plan (MDP) for the project depicted this preferred entrance arrangement, and was subsequently circulated for review agency comment. Research conducted by VDOT during its review period revealed the presence of the limited access line along the frontage of the property. The impact of the limited access line on project design was profound, as the preferred primary entrance was R+A required to be eliminated pending approval of the limited access line break. As PH such, the MDP for Kernstown Commons formally submitted to Frederick County included a single entrance for project access, the location of which was generally consistent with that of the original secondary entrance (see MDP #04-05, Kernstown Commons). This MDP received authorization for administrative approval from the Board of Supervisors on March 23, 2005, with the understanding that the -limited access break request would be brought back for County review as a separate action item. • ` If ultimately approved by the CTB, the limited access line break sought by Orange Partners, LLC would allow the installation of the primary project entrance as originally planned opposite the southbound VA Route 37 exit ramps. It is noted that the preliminary plans for the project also included a right-in/right-out entrance north of the proposed primary entrance. This entrance has been eliminated from the project scope and is not proposed with this request. Attached is an exhibit depicting the entrances proposed for Kernstown Commons as well as the location of the existing limited access line. The proposed limited access line break is essential to realizing the full development potential of Kernstown Commons, the design of which promises its emergence as the premier commercial destination for both citizens and guests of Frederick County. The proposed primary entrance conforms with sound site planning practices by enabling multiple access points for project -generated traffic. As stated previously in this letter, the availability of multiple entrances will promote a safer and more efficient commercial project, as access will be maximized and the safety risks posed by a single access point eliminated. Approval of the requested limited access line break is imperative for such improved site design to be achieved. As such, the request by Orange Partners, LLC merits favorable consideration and endorsement by Frederick County in order to allow its full evaluation by VDOT and the CTB. C� 19 --nosed Process for Public Iput and Endorsement The VDOT process for initiating limited access break proposals requires that advertised public hearings be conducted as a precursor to action by the local governing body. The VDOT Edinburg Residency has indicated that these public hearings may be held coincident with the Planning Commission and Board of Supervisors meetings during which the proposal is scheduled for review. It is therefore requested that the limited access line break request for Kernstown Commons be included as a public hearing item on the April 20, 2005 Planning Commission agenda, to be followed by a Board of Supervisors public hearing on the next appropriate agenda. Assuming approval by the Board, a resolution formally endorsing the limited access break is desired. Please do not hesitate to contact me should you have any questions or concerns R+A regarding this matter. PH Sincerely, PATTON HARRIS RUST & ASSOCIATES, pc �4: � -,xagll- • C.E. Maddox, Jr., P.E., Senior Vice President CEM/kf Attachment cc: John R. Riley, Jr., County Administrator Jerry A. Copp, Transportation Resident Engineer, VDOT Lloyd A. Ingram, Transportation Engineer — Land Development, VDOT Steve Nerangis, Orange Partners, LLC Christopher Mohn, AICP, PHR+A 0 _❑ 000 DOT 310 TO GNWNEATED LIMITED ACCESS LINE i 3-M-031 4 I REVISIONS PER COUNTY STAFF CDMMMM ; 3-ts-aw j 4 iADDED ROUTE 17 IMPROVEMENTS t-V-os! 3 GADDED STOPLIGHT PER C. MOHN i1-20-05 . 2 I REVISIONS PER UMTTED ACCESS LINE Eit-n-46I 1 REVISED LOT NUMBERS PER OWNER 19-2-04 N0. DESCRIPTION I DATE REJSD REVB'0 APRs DATE REVSiDN a I '�s's. !� r • r r r .� r 1 1 I M \ : •� m ■14 ...- C7 C. :,ice-r=m v �LTH g 0, ilbert w. cl'fford & associates aCtri vof ti o Patton Harris Rust & Associates,pc PROPOSED Engineers. Stirrers, Planners. Landscape Architects. K E R N STO W N COMMONS o C.E. Mr -ATE JR.= LIMITED ACCESS � CERTI 7F 'E N0. � 117 EsW: t a:edtlt{ Strout, Suit. Z•JD 4Ymchee;er. VVilim 22601 LINE BREAK �AS1E» T 540667.21M JL F SSa.665A493 COUNTY OF FREDERICK. VIRGINIA • GR4P1'/ifC.SCr4LE JQ7 lJb 0 )00 ]p7 (N iFFf J Iid � lOD2 DESIGN SURVEY CEM DRAWN DATE TWp MARCH 2005 CHECKED SCALE CMM SHEET PILE NO. 1 Of-1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 . FAX:540/665-6395 i MEMORANDUM 3 TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, Planner II C4f DATE: May 16, 2005 RE: Request for Endorsement of Limited Access Line Break for Kernstown Commons The Frederick County Department of Planning and Development has received a request from Patton Harris Rust & Associates, PC, for an endorsement of a limited access line break for the project known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown. As you may recall, this is the same property that was recently brought forth to the Board of Supervisors as a Master Development Plan (MDP) and approved with conditions at the March 23, 2005 meeting. The MDP depicted three entrances (two frill commercial entrances and a right- in/right-out only), the southern entrance met the appropriate VDOT distance spacing; however, the two northern entrances would require a limited access break from VDOT. The request that has been submitted to the county is only asking for the endorsement of a limited access line break for the northern full commercial entrance; the right-in/right-out has been eliminated from the project. The entrance that the applicant is requesting would be signalized and aligns with the off ramp of Route 37. The request for this endorsement of the limited access line break is the first step for the applicant to begin the process for review from the Commonwealth Transportation Board (CTB); the CTB will ultimately decide if this break will be granted. Included with this memo is the request for the endorsement, as well as a map of the site provided by the applicant. The applicant is seeking a resolution from the Board of Supervisors for the endorsement of this limited line access break for Kernstown Commons. The Planning Commission considered this limited access line break at a public meeting held on May 4, 2005. Various issues were discussed by the Planning Commission, including: The adequacy of right- hand turn lanes exiting the site and traveling north towards the bridge without the benefit of an acceleration lane; the possibility of providing signalization at both entrances to the site, as well as at the terminus of Rt. 37; the possibility of the provision of an inter -parcel connector with the property to the north. In addition, they discussed how this proposal would fit in with the Crosspointe development's preliminary design on the Rt. 37 exit over I-81. There were no citizen comments. No conflicts with the Comprehensive Policy Plan were identified and the Commission unanimously recommended endorsement of the limited access break. (Commissioner Watt was absent from the meeting.) CEP/rsa/Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COAP-9jazACK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 20, 2005 Mr. Ron Mislowsky Patton Harris Rust and Associates, PC 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Master Development Plan Review Comments Kernstown Commons Property Identification Number (PIN#) 75-A-10 Dear Ron: The revised MDP accurately reflects the agreement pertaining to the limits of use designation. However, please adequately address each of the comments listed below prior to final approval of the master development plan referenced above: Preliminary Review Comments: Notes. The MDP needs to include notes about the required information that was discussed at the Board of Supervisors public meeting. This includes the following: only monument style signs allowed along Route 11, limiting the height of the monument signs, increased parking lot screening and berms along Route 11 (include detail), and a note about additional landscaping for screening along I-81. Owners Signature. The owners need to sign the final MDP. VDOT Comment. An approval comment for the MDP is still required from VDOT. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Orange Partners, LLC, 500 Pegasus Court, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Department of April 4, 2005 Mr. Randy A. Stowers Patton Harris Rust and Associates 117 Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Review Final Plat Kernstown Commons Dear Randy: 114 540/665-5651 FAX: 540/ 665-6395 I have had an opportunity to review the plat for Kernstown Commons. You will need to address the following comments: 1. Need to show the private road system on all pages. 2. Need to delineate BRL for lots 1 and 2 along Route 37. 3. Need to delineate BRL for lot 2 along Interstate 81. 4. Need to delineate BRL for lot 3 along Interstate 81. 5. Need copies of Deed and Covenants for this project. 6. Plats must be in compliance with the approved Master Development Plan (MDP). Please address the above comments and re -submit. If you have any questions call me at (540) 665-5651. Sincerely, �z ParkR. Cheran Zoning & Subdivision Administrator MRC/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Kernstown Commons - Limited A 4 s Break Information 0 Page 1 of 1 Christopher M. Mohn From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Monday, January 31, 2005 10:30 AM To: 'Christopher. Mohn@phra.com' Cc: Ingram, Lloyd Subject: Kernstown Commons - Limited Access Break Information The following are guidelines to currently be followed when requesting a break in a limited access highway: o No break should be considered within 5 years of the opening of a limited access highway. o Letter of support from the public entity responsible for land development action is required before any action is taken on a request. o A global traffic analysis is required to determine the impact of the proposed break before its final approval. o An appropriate environmental review of the proposed break shall be conducted before its final approval. o An opportunity for public comment shall be posted and closed before any request is presented to the CTB. o If final approval of the request is after the completion of the ongoing review of access management, it is subject to its results. Please call should you have any questions. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 3/2/2005 fhi 1 ': , T COUNT FAX: 540/ 665-6395 March 29, 2005 Mr. Charles Maddox, Jr. Patton Harris Rust Associates, PC 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #04-05 FOR KERNSTOWN COMMONS Dear Chuck: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on March 23, 2005. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. The following issues still need to be addressed: • Limit the height of signs and incorporate only monument style signs. Utilize additional landscaping and berms, ensure architectural standards for the development and increase parking lot screening along Route 11. • Additional landscaping along Interstate 81 to screen any loading areas or equipment from 81. • Removal of the right -in -right -out at the northern area of the site. • Preservation of the grass median strips that divide Route 11. • Address concerns from VDOT regarding the main entrance and limited access break. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Candice E. Perkins, Planner II CEP/bad cc: Orange Partners, LLC, 500 Pegasus Ct., Winchester, VA 22602 Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #04-05 KERNSTOWN COMMONS Staff Report for the Board of Supervisors Prepared: March 15, 2005 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: 03/02/05 Recommended Approved Board of Supervisors: 03/23/05 Pending AMovED LOCATION: This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-10 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business, General) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: Route 37 Interchange Use: Interstate B3 (Industrial Transition) District Vacant South Zoned: B2 (Business General) District Use: Automobile Sales East Zoned: Interstate 1-81 Use: Interstate West Zoned: B2 (Business General) District Use: Commercial/Vacant PROPOSED USE: Commercial Uses. MDP #04-05, Kernstown Commons March 15, 2005 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: We are in the process of reviewing the Kernstown Commons MDP. Overall the plan appears to be acceptable to the Residency. There are, however, some questions on the lane geometry and turning movements. Information concerning these items has been forwarded to District Traffic Engineering for a detailed review. We do not foresee denial of this MDP at this time, it is just a matter of addressing minor details. Therefore, we have no objections to this MDP moving forward through the County process. Frederick County Fire Marshal: Emergency vehicle access and fire lanes shall be identified during the site planning process. Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Frederick County Public Works: A comprehensive review of the development shall occur at site plan submission. We agree with the approach to provide a regional stormwater facility for development. Frederick County Sanitation Authority: 2" d review — approved. Frederick -Winchester Service Authority: No comment. Frederick County Inspections Department: No comment required at this time. Shall comment at site plan review. Frederick County Department of Parks and Recreation: No comment. Frederick County -Winchester Health Department: The Health Department does not comment on preliminary plans. Department of Geographic Information Systems (GIS): Roadways designated with the numbers 1, 2, 3 must be named. For optimum 911 response and structure numbering, roadways designated as 4 and 5 should also be named and numbered. Submit road name requests for review to this department. Winchester Regional Airport: It has been determined that this proposal should not impact operations at the Winchester Regional Airport since it lies outside the airport's Part 77 surfaces and does not exceed height limitations. Department of Parks and Recreation: No comment. Frederick County Public Schools: No additional comments at this time. 0 i MDP 404-05, Kernstown Commons March 15, 2005 Page 3 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 subject site is located in the Kernstown area, at the southeast corner of the intersection of Route 11 and Route 37. The property is within the Back Creek Magisterial District. C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) depicts the zoning for the subject parcel as B2 (Business General) District. D) Intended Use Commercial Uses E) Site Suitability & Project Scope Land Use Compatibility: The site of the proposed development is located along the Route 11 Corridor adjacent to existing commercial land uses and interstate uses in an area of Frederick County which is predominately commercial in nature. Comprehensive Policy Plan: The subject property is part of the Route 11 South Corridor land use plan, as found on pages 6-23 through 6-27 of the 2003 Comprehensive Policy Plan. This land use plan covers an area which extends from Route 37 to the northern portion of the Town of Stephens City. It outlines a future plan for the area to become a business/office corridor where Valley Pike would take a "parkway -like appearance". The 31.5327-acre parcel is zoned commercial and is within the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). The "Route 11 South Corridor" land use plan calls for enhanced design standards along Valley Pike from Route 37 to the northern portion of Stephens City. The most stressed design standard is the need for "extensive screening and setbacks" adjacent to Valley Pike. Some of the other design standards recommended include enhanced landscaping along Valley Pike, a bike and pedestrian trail, traditional board fencing along Valley Pike MDP #04-05, KernstowCommons • March 15, 2005 Page 4 and within developments, monument style signs, and no individual entrances along the frontage of Valley Pike. (Comprehensive Policy Plan, page 6-24) Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Vir inia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. Environment: The subject property does not contain any areas of steep slopes or floodplain. There is an existing drainage channel that flows eastward thought the northern portion of the property. Transportation: Access to the site is proposed via two commercial entrances and one right in/right out located on Valley Pike (Route 11) which is a major arterial road. As required for all major arterial roads with a speed limit over 35mph, a minimum entrance separation of 200' is required for all new entrances [Section 165-29.A (4)]. Valley Pike is a major collector road and an important corridor in Frederick County. According to the Traffic Impact Analysis (TIA) provided by the applicant, existing traffic count inforination for Valley Pike shows that this segment has 22,230 Average Daily Trips. Based on the proposed uses shown in the TIA, the addition of this commercial site would add 16,851 average daily trips to Valley Pike, equating to a 92% increase. Staff Comment: The preliminary master development plan shows two commercial entrances and a right-in/right-out. VDOT has only approved the southern commercial entrance and is still reviewing the additional two entrances. It should be noted that upon final approval of the plan by VDOT, the northern two entrances could potentially be eliminated. F) Issues Staff has identified numerous issues that still remain. They are as follows: Interstate Overlay District. It should be noted on the MDP that only one interstate overlay sign is permitted on the property. In accordance with Article XVII (IA Interstate Area Overlay District) Section 165-131C of the Frederick County Zoning Ordinance, only one interstate overlay sign may be erected. This one sign is permitted for the property identified by 75-A-10. The number of signs will not change regardless of future subdivisions of the property. MDP #04-05, KernstowCommons • March 15, 2005 Page 5 2. Corridor Design Standards. This property is identified as being located in a business corridor by the 2003 Comprehensive Policy Plan. This section of Route 11 currently contains grass medians. This project proposes to remove these medians to expand Route 11. The Comprehensive Policy Plan envisions a planted median strip when Route 11 South becomes four lanes. By removing the median strips from Route I I' this master development plan is not in conformance with the policies of the Comprehensive Policy Plan. It would be appropriate for the applicant to work with Frederick County and VDOT to ensure that planted median strips remain in the center of Route 11. This could possibly be accomplished by the applicant providing additional right-of-way on the site to accommodate both the widening of Route 11 as well as the preservation of the existing median strips. The potential may exist for the strips to be landscaped and maintained by the applicant through the Kernstown Commons Property Owners Association. The Comprehensive Policy Plan also calls for the use of extensive setbacks and monumental signs along Route 11. The applicant has not addressed these requirements of the Plan on the preliminary master development plan. It would be appropriate to limit the height of signs and incorporate only monumental style signs, utilize additional landscaping and berms, architectural standards and increased parking lot screening_ 3. Future Route 37 & I-81 Improvements. The 2003 Comprehensive Policy Plan recommends that all land uses proposed adjacent to the planned Route 37 and I-81 interchange road improvements be situated a minimum of 100' from these right-of-ways. The master development plan should show these increased setbacks. 4. Private Streets. This development is proposing to utilize a private road network. If any subdivision of lots is to occur, a waiver to allow commercial lots to be accessed by a private road must be approved by the Board of Supervisors. 5. Setbacks. The minimum setbacks should be listed in a table on the MPD. STAFF CONCLUSIONS FOR THE 03/02/05 PLANNING COMMISSION MEETING: This preliminary Master Development Plan is generally consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance, with the exception of some minor issues; however; it currently is not in conformance with the 2003 Frederick County Comprehensive Policy Plan in regards to corridor design standards. All of the issues identified by staff, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/02/05 MEETING: The staff reported numerous outstanding issues remaining with the MDP and staff reviewed each of those with the Commission. Those issues included medians, corridor design standards, a limited access break, the private road network, interstate area overlay signs, the storm water pond, limited use of I-81, an inter -parcel connector, landscaping along I-81, and a waterline to the MDP #04-05, Kernstown Commons • March 15, 2005 Page 6 Miller -Honda property. The applicant attempted to address each of the issues raised by the staff. Staff believed the issues could be satisfied through discussion with the staff and the applicant as the process moves forward. Members of the Commission were particularly concerned about implementing corridor appearance measures on the Route 11 corridor and they were especially interested in maintaining the existing median as a safety measure and for appearance. Some members of the Commission said they would be in favor of more creative approaches, possibly on compromising setback distances, in order to keep the median. Safety concerns were expressed about the possibility of seven to eight lanes without restrictions, especially with the traveling public who may not be familiar with local traffic patterns. A VDOT representative stated that it will be a challenge to incorporate a median, due to the existing bridge and transition lengths. There were no public comments. A member of the Commission expressed their desire to see alternate design standards incorporated during construction to reflect the community's heritage. Commissioners expressed their support for the project and unanimously recommended approval. (Commissioner Thomas was absent from the meeting.) 63 WATTS, A 6oADL M1 0 75A 6 B 41 A VANCO, LLC B2 75A 6 B 41 �S VANCO, LLC 90y�s 6 m ao a m� Q o vj B3 �oG�OJ Po��v S,gaFc��o3 Fl 75 A 2E B2 M&C 2 PROSPERITY, LLC m ro � Lq .:.. 7 2 \ HOR N INVES NTS, LLC B2 75 A 11C MI LER AUTO SALES, INC 75 A 2B 3 21 VALLEY PIKE, LLC 15 OF EDEN,��C GARDEN B2 v 75 A 10 ORANGE PARTNERS, LLC 75 A 90 GLAIZE DEVELOPMENTS, INC f B2 75 A- fl`9A GLAIZE DEVELOPMENTS, INC 75 A 89 GLAIZE DEVELOPMENTS, INC RP B2 MDP#04-05 Kernstown Commons N (75-A-10) wE 0 250 KO ,,000 1,5w ` s Fw MIN 1% 7 ( ° WINC j i 6 _t` VA ;LLC VA WA 75 66 B 41 CO LLC \ 1°S�4't r _ • g' GRANGE P qp 75 A 2E d rF �i• .e I DEVELOPMENTS, INC W. Ivy t PROSPERITY, LLC , : a '+IN, to NORT Sp1i1111� NTS, A 11C # . fTO SALES, I l r. 75 A 2B w VALLEY P V, LLN,, GARDEN OF EDEN, LLC �`' MDP#04-05 ? Kernstown Commons N (75-A-10) a zso sao 1,000 1,500 w L � - S F..c 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 Application 1. Project Title: Kernstown Commons 2. Owner's Name: Orange Partners, LLC C/O Nerangis Management Corp. 500 Pegasus Court Winchester, VA 22602 (Please list the names of all owners or parties in interest) Nicholas J. Nerangis, Nicholas J. Nerangis, Jr., Stephen T. Nerangis, Lisa N. Limoges 3. Applicant: Patton Harris Rust and Associates pc Address: c/o Charles E. Maddox 117E Piccadilly St Winchester VA 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust and Associates, pc Address: 117E Piccadilly Street Winchester VA 22601 Phone Number: (540) 667-2139 Contact Name: Charles E. Maddox IE II FEB 9 2CC1U 5 FREDERICK COUNTY NNING & DEVELOPMENT Frederick County, Virginia Master Development Plan ARp6cation Package 5. 11,ocation of Property: b. Total Acreage: Al,fPJCATION cont'd NJASTEIR DEVELOPMENT PLAN Southeast corner at intersection of US Route 11 And Route 37 in Kernstown. 31.5327 acres 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: 75-A-10 B2 Vacant Commercial Uses e) Adjoining Property Information: See Attached Property Identification Property Uses North South East West f) Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is FEB 9 2005 10 FREDERICK COUNTY NNING & DEVELORM. 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: I d�- Date. f 2 Kernstown Commons Tax ID # Name Address Zonin2 Use 75-A-11C George & John Miller c/o Miller Auto 3985 Valley Avenue, Winchester, VA 22602 B2 Retail 75-A-2E M&C Prosperity, LLC 2864 Hartland Road, Falls Church, VA 22043 B2 Vacant 75A-6-B-41B Tom's LLC P.O. Box 3243, Winchester, VA 22604 B2 Vacant 75-A-3 Mohsen Sade hzadeh 501 Jefferson Street, Winchester, VA 22601 B2 Vacant 75-A-4 Scott & Michele McMichael 607 Lower Valley Road, Strasburg, VA 22657 B2 Commercial 75-4-2 SHIHO, Inc P.O. Box 3276, Winchester, VA 22604 B2 Vacant 75-A-89 Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-89A Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-90 Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-10A Winchester-81 LLC c/o Ur hart & Co 14144 Walton Drive, Manassas, VA 20112 B3 Vacant 75-A-5 T G Adams 3632 Valle Pike, Winchester, VA 22602 B2 Commercial rTTO z z m T rn zo m 20 m I CD 7" m cS� < n r CD (= O z o m z 0 • 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, Vir a `� � U 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 F E B 9 ' 2005 Know All Men By Those Present: That I (We) FREDERICK COUNTY (Name) Nick Nerangis, Nick Nerangis, Jr., Steve Nerangis & Lisa Limoges (Phone) 540-667-1 LP PLANNING & DEVELOPMENT (Address) 500 Pegasus Court, Winchester. VA 22602 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 Deed Book on Page and is described as Parcel:10 Lot: Block: A Section: 75 Subdivision: do hereby make, constitute and appoint: (Name)Charles E. Maddox. PHR+A (Phone)540-667-2139 (Address) 117 E. Piccadilly Street, Winchester, VA 22601 Wo act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200 ,,, Signature(s) 11 � L, LAZ� ::—,� State of Virginia, City/County of I To -wit: I, ,a Notary Public in and for the jurisdiction aforesaid, certify that the rson(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day o CVI`N& , 200 4. My Commission Expires:,Lt;_ u. Y:::�p I C ). 4 ,Notary Public 0 •, Patton Harris Rust & Associates, pc Eng ineers. Surveyors. Planners. Landscape Architects. ' J �_ / \ 208 Church Street, S.E. l `1 1 Leesburg, Virginia 20175 Pho16 Fax: 7 3.7 7.3.3616 Fax: 703.777.3725 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: Kemstown Commons File pECE W FEB 9 200 51 Memorandum FRI;99RiQK C011f>ITY PLANNING & DEVELOPMENT_ Nerangis Management Corporation Michael Glickman, PE September 14, 2004 An Addendum to: A Tra�pactAnadvsis of the Kernstown Commons 12814-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared an addendum to: A Traffic Impact Analysis of the Kernstown Commons, by PHR+A, dated August 26, 2004. The purpose of this document is to correct a typographical error contained in Table IA (page 5) of the submission. The revised table provided below was the basis for the analyses included in the August 26, 2004 report. Table lA Background Development #1: Crosspointe Center Development (Phase 1) 1 riD ueneratlon summar AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 415 units 75 225 300 248 139 387 4,150 230 Townhouse/Condo 100 units 9 43 51 41 120 61 870 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 820 Retail 370,000 SF 213 136 348 715 774 1,489 15,810 Total Trips 301 406 707 1,009 938 1,948 21,178 Total Internal 54 54 108 231 231 462 4,901 Total Pass -by 26 26 52 112 112 223 2,371 Total "New Trips" 221 326 546 667 596 1,263 13,905 Page 1 of 1 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Kernstown Commons development located along the east side of US Route 11 (Valley Pike), south of Route 37, in Frederick County, Virginia. The proposed project is to include a 120 room hotel, a 16 screen movie theater, 85,500 square feet of retail, a 4,250 square foot convenience mart with gasoline pumps, a 3,500 square foot bank with drive through, three (3) 6,000 square foot restaurants, a 4,000 square foot restaurant and a 3,500 square foot fast food restaurant. Due to potential Route 37 limited access line constraints along Route 50, PHR+A has provided the following two (2) 'alternative site -access scenarios: Scenario A maintains site -access for Kernstown Commons without infringing upon the current Route 37 limited access line along Route 50. Under this scenario, one (1) site -driveway would be provided along the .east side of US Route 11. Scenario B maintains site -access for Kernstown Commons that would require modifying the Route 37 limited access line along Route 50. Under this scenario, three (3) site driveways would be provided along the east side of US Route 11. The proposed development will be built -out in a single phase by the year 2007. Figure 1 is provided to illustrate the location of the Kernstown Commons with respect to the surrounding roadway network. Methodology The .traffic impacts accompanying the Kernstown Commons development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Kernstown Commons, • Distribution and assignment of Kernstown Commons generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of,the highway capacity software, HCS-2000, for existing and future conditions. A Traffic ImpactAnalysis of Kernstown Commons hRA January 14, 2005 Project Number- 12814- 1 -0 Page 1 No Scale ✓ v 1" # �v_,Pa" Qe if 33 tt,f {y 3 f f Q! 'e SITEr ��� xr �fgr�f� Rf��• � kr+� ` �r��y.� 1 " 14 Figure 1 Vicinity Map - Kernst.own Commons PH � A Traffic Impact Analysis of Kernstown Commons IL January 14, 2005 Project N umber-12814-1-0 Page 2 • 0 EXISTING CONDITIONS PHR+A obtained AM and PM peak hour manual turning movement counts at the intersection of US Route 11/Route 839 as well as at each of the Route 37 ramps located along US Route 11. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9% which is consistent with following reports: 1),4 Phased Traffic Impact Analvsis of Crosspointe Center, by PHR+A, dated September 10, 2003; and 2) A Traffic ImpactAnalysis for Villages atArtrip, by PHR+A, dated July 21, 2004. Figure 2 shows the existing ADT, and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. R+A A Traffic Impact Analysis ofKernstown Commons PHJanuary 14, 2005 Project Number-12814-1-0 Page 3 AM Peak Hour(PM Peak Hour) Figure 2 Existing ADT and AM/PM Peak Hour Traffic Volumes A Trafc Impact Analysis oiKernstown Commons R+AJanuary 14, 2005 Project Number-12814-1-0 PH Page 4 • 0 No Scale be�S Se 0'f Qa� Unsignalized 'np p t Intersection 37 o1, po4` SB Off -Ram p�''o P8 �9 rI nsignalized Intersection �f �O%4ary 37 A 4� a� o4tP8 Jm 3y S80 Alt Ne�S �P e0, Unsignalized }Inntersection 81i, •'••;ay SITE „ C J� n Denotes Free -Flow Lane T * Denotes Unsignalized Critical Movement 1—�Y TP+ /� AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service P A Traffic Impact Analvsis ofKernstown Commons January 14, 2005 H Project Number-12814-1-0 Page 5 • 2007 BACKGROUND CONDITIONS In order to accurately depict future conditions within the study area, PHR+A utilized the following traffic studies to determine the trips associated with not yet completed area developments: 1) A Phased Traffic Impact Analvsis o Crosspointe Center, by PHR+A, dated September 10, 2003; 2) A Traffic Impact Analysis for Wakeland Manor, by KELLERCO, dated June 30, 2003 and 3) A Traffic Impact Analysis for Villages at A trip, by PHR+A, dated July 21, 2004. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, Tables 1A, 1B and 1C are provided to summarize the calculated trips associated with each of the 2007 "other developments". Table 1A Phase 1: Crosspointe Center Development Trin Generation Summnry Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Percent age of 210 Single -Family Detached 415 units 75 225 300 248 139 387 4,150 230 Townhouse/Condo 100 units 9 43 51 41 20 61 870 253 Elderly Housing - Attach 100 units 4 3 7 6 4 10 348 820 Retail 370,000 SF 213 136 348 715 774 1,489 15,810 Total Trips 301 406 707 1,009 938 1,948 21,178 100% Total Internal 54 54 108 231 231 462 4,901 20% Total Pass -by 26 26 52 112 112 223 2,371 10% Total "New Trips" 221 326 546 667 596 1,263 13,905 70% Table 1B Background Development #2: Wakeland Manor l rip ueneratlon summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 230 Townhouse/Condo 397 units 72 215 287 234 137 371 3,970 214 units 16 79 95 75 37 112 1,862 Total Trips 88 294 382 309 174 483 PH R+A A Tra is Impact Analysis ofKernstown Commons January 14, 2005 Project Number-12814-1-0 Page 6 Table 1C Background Development #3: Villages at Artrip Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Land Bay A 210 Single -Family Detached 139 units 27 80 107 91 53 144 1,390 220 Apartment 76 units 8 33 41 39 21 59 456 230 Townhouse/Condo 438 units 29 140 168 135 67 202 3,811 710 Office 60,000 SF 110 15 125 25 121 146 900 820 Retail 103,700 SF 98 62 160 308 333 641 6,953 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 Land Bay B 210 Single -Family Detached 51 units 11 34 45 37 22 58 510 Land Bay C Consists of youth soccer fields and will be a negligible source of peak hour trip generation. Land Bay D 820 Retail (4.2-acres @ 0.25 FAR) 45,738 SF 60 38 98 179 194 374 4,084 Land Bay E 220 Apartment 116 units 12 48 61 53 29 81 696 Total Trips 426 517 942 946 891 1,837 20,326 Total Internal 55 55 110 161 161 322 3,404 Total Pass -by 19 19 39 76 76 152 1,656 Total "New Trips" 351 442 793 709 654 1,363 15,267 In addition to the trips relating to the specific background developments described above, existing traffic volumes were increased along US Route 11 using an historic growth rate of 5% per year (compounded annually) through Year 2007. Figure 4 show the 2007 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area for roadway. Figure 5 shows the corresponding 2007 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. PH ��A Tra rc Impact Anal sy is oiKernstown Commons January 14, 2005 Project Number-]2814-1-0 Page 7 0 NO �h Neise Se � fhaa�P No Scale m H Q bb 37 s b �A �v SB O ff RamP j o� �h 3y ��/2 ��jj fY8'Se0 o. 37 •p C `e8`'9 J Se h�r q O�Ra`h NeiS& p On, SITE J AM Peak Hour(PM Peak Hour) nT TD+A Figure 4 2007 Background ADT and AN"M Peak Hour Traffic Volumes PH ][�A Traffic Impact Anal�is ofKernstown Commons January 14, 2005 Project Number-12814-1-0 Page 8 0 • No Scale 4- SITE -- -1 Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 5 2007 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of Kernslown Commons PH +. January 14, 2005 l \�.1 1 Project Number-12814-1-0 Page 9 0 TRIP GENERATION The total trips produced by and attracted to the Kernstown Commons site were established using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. PHR+A applied a 15% pass -by trip reduction to account for background thru traffic along US Route 11 that will utilize the retail and convenience mart with gasoline pumps components of Kernstown Commons. Table 2 summarizes the trip generation results, along with pass -by trip reductions, for the proposed Kernstown Commons development. Table 2 Kernstown Commons Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT Percentage of Total 310 Hotel 120 rooms 31 20 51 38 33 71 701 444 Theater w/ Mat. 16 screens 11 3 14 129 194 324 2,453 820 Retail 85,500 SF 87 56 142 271 294 565 6,134 853 Conven. Mart w\pumps 4,250 SF 97 97 194 129 129 258 3,594 912 Drive-in Bank 3,500 SF 24 19 43 80 80 160 895 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 4,000 SF 24 22 46 27 17 44 509 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 934 Fast Food w/ DT 3,500 SF 95 91 186 63 58 121 1,736 Total 477 407 884 856 882 1,738 18,310 100% 'Total Pass By: 25 25 50 62 62 124 1,459 8% Total "New Trips": 452 382 833 794 820 1,614 16,851 92% - vass by trips are nrteen percent (i D-/o) or totai retau aeveiopmem ana uonvernence mart TRIP DISTRIBUTION AND TRIP ASSIGNMENT For Scenarios A and B, PHR+A utilized the trip distribution percentages shown in Figures 6A and 6B, respectively, to assign the Kernstown Commons trips (Table 2) throughout the study area roadway network. Figures 7A and 7B show the corresponding development -generated AM/PM peak hour trips and ADT assignments. 2007 BUILD -OUT CONDITIONS The Kernstown Commons assigned trips (Figures 7A and 713) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figures 8A and 8B provide the 2007 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area for Scenarios A and B, respectively. Figures 9A and 913 shows the corresponding 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Anal vsis of Kernstown Commons PH R+A January 14, 2005 Project Number-12814-1-0 Page 10 No Scale tee' 37 Q i SB(M-Ramp Nlj S6, 37 839 G z O e Of�`eWa1, SITE 4� \c� J� n I' AM Peak Hour(PM Peak Hour) nT tr�-�nAverage Daily 1 1 Scenario A Figure 6A Trip Distribution Percentages PHIt1� A Traffic Impact Ana! sy is of Kernstown Commons January 14, 2005 Project Number-12814-1-0 Page 11 0 No Scale �s 37 SR pty� p amp lYQS6 S��eOn 0�'k_ Shp 37 `rite dn` te839 tea. C SITE S�teO�� e'03 u Q ,1 AM Peak Hour(PM Peak Hour) nT Tn+n Average 1 1 Scenario B Figure 6B Trip Distribution Percentages PR+AH A Tra is Impact Anal sis ofKernstown Commons January 14, 2005 Project Number-12814-1-0 Page 12 ** Denotes Pass -by Trip Reduction AM Peak Hour(PM Peak Hour) 4- i i Scenario A Figure 7A Development -Generated Trip Assignments PH1Zn A Traffic Impact Anal sy IS ofKernstown Commons January 14, 2005 Project Number- 12814- 1 -0 Page 13 0 • AM Peak Hour(PM Peak Hour) 1 1 Scenario B Figure 7B Development -Generated Trip Assignments PHIZn A Tra tc Impact Analysis of Kernstown Commons January 14, 2005 Project Number-12814-1-0 Page 14 AM Peak Hour(PM Peak Hour) I 1 Scenario A Figure 8A 2007 Build -out ADT and AM/PM Peak Hour Traffic Volumes A Tragic Impact Analysis ofKernstown Commons January 14, 2005 Project Number-12814-1-0 PH Page 15 • n e1 Scenario B AM Peak Hour(PM Peak Hour) Figure 8B 2007 Build -out ADT and AM/PM Peak Hour Traffic Volumes PH ��A Traf tc ImpactAnal sy is ofKernstown Commons January l2 2005 Project Number-12814-1-0 Page 16 Unsignalized n'Ram�p Intersection No Scale Signalized krFJF �j% Roadway m Intersection Improvements p1 LOS=B(C) Required Qat�`Q 11 O S80o, Signalized Roadway 37 Intersection Improvements LOS=C(C) Required 2,ka P � tt SB Off -Ram P SR o, offRej� p Unsignalized 11 s (C)8 �r •l Intersection SROff > C� �-� NR,sRO°Ra pj (F)F� On Rah p 37 I j q Signalized Roadway \e Intersection Improvements LOS=B(B) Required �0 4te8�9 �0`te 'Po 4le 11 8�9 1P Unsignalized �CJeJ Intersection `� Signalized r m Intersection tl os=B(c) SITE jr ate. tt O A four -lane section (currently two -lanes at this location) of Route 11 would be required at this intersection. Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement ��LL "PT ,PT AM Peak Hour (PM Peak Hour) 1 i Scenario A Figure 9A 2007 Build -out Lane Geometry and Levels of Service A Trafc Impact Anal sy is ofKernstown Commons PH � January 14, 2005 Project Number-12814-I-0 Page 17 No Scale Intersection rj m Signalized �C.k Intersection LOS=B(C) SITE O A four -lane section of Route 11 (currently two -lanes at this location) would be required at this intersection. � Denotes Free -Flow Lane * Denotes Unsignalized Critical Movement ^ AM Peak Hour (PM Peak Hour) 1 1 Scenario B Figure 9B 2007 Build -out Lane Geometry and Levels of Service R+A A Tra tc Impact Anal sY !s of Kernstown Commons January 14, 2005 HProject Number-12814-1-0 Page 18 CONCLUSION The traffic impacts associated with the proposed Kernstown Commons development are acceptable and manageable. For Scenario A, assuming the improvements shown in Figure9A, all intersections will maintain levels of service to "C" or better during 2007 background and build -out conditions. For Scenario B, assuming the improvements shown in Figure9B, all intersections will maintain levels of service to "D" or better during 2007 background and build -out conditions. The improvements suggested for each of existing intersections will be necessary with and without the proposed development. The following reiterates the off -site roadway improvements recommended for each of the study area intersections: • US Route 11 @ Route 37 northern ramps: In order to achieve acceptable levels of service, this intersection will require traffic signalization as well as an eastbound turn -lane (currently there is one shared lane eastbound) for both Scenarios A and B. US Route 11 @ Route 37 southern ramps: In order to achieve acceptable levels of service, this intersection will require traffic signalization as well as an eastbound turn -lane (currently there is one shared lane eastbound) for both Scenarios A and B. In addition to the previously mentioned improvements, Scenario B will require a southbound left turn lane to service Site Drive #2. • US Route 11 @ Route 839: In order to achieve acceptable levels of service, this intersection will require traffic signalization for Scenarios A and B. , The amount of traffic entering and exiting Route 839, however, is so minimal that it is unlikely that it would ever be warranted. R+A A Ti-a tc Impact Analysis of Kernstown Commons PH January 14, 2005 Project Number- 12814-I-0 Page 19 Kemstown Commons MDP Subject: Kernstown Commons MDP Date: Wed, 23 Mar 2005 13:43:58 -0500 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: "'Christopher.Mohn@phra.com"' <Christopher.Mohn@phra.com> CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Copp, Jerry" <Jerry.Copp@VDOT.Virginia.gov>, "Alexander, Scott" <Scott.Alexander@VDOT.Virginia.gov>, "Ingram, Lloyd"<Lloyd.Ingram@VDOT.Virginia.gov> Chris, After a review of the information that was provided to VDOT at yesterday's meeting VDOT would like to make the following comments: • The developers have displayed a genuine determination in trying to resolve the traffic movement issues. • The developers are pursuing additional access points by requesting breaks in the Limited Access boundary from the Commonwealth Transportation Board. This is not a quick process and the outcome is not guaranteed. • The current proposed single entrance cannot safely handle the traffic movements at the anticipated total build -out traffic volumes. • There are right-of-way and physical conditions that present additional challenges to these improvements. • VDOT will not issue a commercial entrance permit for this development until it is satisfied that the traffic/entrance issues have been properly addressed. While VDOT will continue to work with the developer and it's engineering firm, it is suggested that the development be phased in such a manner to restrict development from exceeding the safe traffic movement capacity of the single entrance and Route 11 corridor. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 1 of 1 3/23/2005 3:12 PM Kernstown Commons MDP • 0 Subject: Kernstown Commons MDP Date: Wed, 23 Mar 2005 13:43:58 -0500 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: "'Christopher.Mohn@phra.com"' <Christopher.Mohn@phra.com> CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Copp, Jerry" <Jerry. Copp@VDOT.Virginia. gov>, "Alexander, Scott" <Scott.Alexander@VDOT.Virginia.gov>, "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> Chris, After a review of the information that was provided to VDOT at yesterday's meeting VDOT would like to make the following comments: • The developers have displayed a genuine determination in trying to resolve the traffic movement issues. • The developers are pursuing additional access points by requesting breaks in the Limited Access boundary from the Commonwealth Transportation Board. This is not a quick process and the outcome is not guaranteed. • The current proposed single entrance cannot safely handle the traffic movements at the anticipated total build -out traffic volumes. • There are right-of-way and physical conditions that present additional challenges to these improvements. • VDOT will not issue a commercial entrance permit for this development until it is satisfied that the traffic/entrance issues have been properly addressed. While VDOT will continue to work with the developer and it's engineering firm, it is suggested that the development be phased in such a manner to restrict development from exceeding the safe traffic movement capacity of the single entrance and Route 11 corridor. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 1 3/23/2005 3:12 PM FW: Route 37/Route 11 Proposed Curb Cut, Frederick County • 0 Subject: FW: Route 37/Route 11 Proposed Curb Cut, Frederick County Date: Wed, 23 Mar 2005 09:25:00 -0500 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us> CC: "Ingram, Lloyd"<Lloyd.Ingram@VDOT.Virginia.gov> Eric - Limited Access Break Information -----Original Message ----- From, Funkhouser, Rhonda On Behalf Of Ingram, Lloyd Sent: Thursday, May 27, 2004 2:50 PM To: 'paintiew@earthlink.net' Cc: Copp, Jerry; Ryder, Bob; Ingram, Lloyd Subject: Route 37/Route 11 Proposed Curb Cut, Frederick County Tim, The guidelines for a proposed break in the limited access is under review and therefore this email should be used as a guideline until the final document is available. On an interim basis, the following actions should be considered in requiring a break in limited access in addition to the Guidelines in DPM 2-11: ■ No break should be considered within 5 years of the opening of a limited access highway. ■ Letter of support from the public entity responsible for land development action is required before any action is taken on a request. ■ A global traffic analysis shall be considered to determine the impact of the proposed break before its final approval. ■ An appraisal will be performed by VDOT to determine the value of the limited access break. The developer would be responsible for the appraised value. ■ An Environmental Study of the proposed break shall be conducted, the cost of which will be the developer's responsibility, before its final approval. ■ An opportunity for public comment shall be posted and closed before any request is presented to the CTB. ■ If final approval of the request is after the completion of the ongoing review of access management, it is subject to its results. Should you require additional information, do not hesitate to contact me. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 2 3/23/2005 10:12 AM gilbert w. Clifford & Iftociates i a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 P -1 + l Winchester. Virginia 22601 T 540.667.2139 F 540.665.0493 Trpn$ nittal 493 To: Candice Perkins Organ izationlCompany: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: March 17, 2005 From: C.E. Maddox, Jr., P.E., VP Project Name/Subject: Kernstown Commons Via: Internal Project File #: Quantity File # Date Description Transmitted Master Plan Revised 3/15/05 per ❑ Herewith 25 County Staff Comments ❑ Under separate cover Notes: Received by: Date: Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Pnnts FW: Kernstown Commons MDP Subject: FW: Kernstown Commons MDP From: "Christopher M. Mohn" <Chris.Mohn@phra.com> Date: Wed, 9 Feb 2005 16:16:51 -0500 To: <cperkins@co.frederick.va.us>, <cmi11s@co.frederick.va.us> -----Original Message ----- From: Funkhouser, Rhonda [ma iIto: Rhonda. Fun khouser@VDOT.Virg inia.gov]On Behalf Of Ingram, Lloyd Sent: Wednesday, February 09, 2005 3:17 PM To: 'Eric Lawrence (E-mail)' Cc: Chris Mohn (E-mail); Copp, Jerry; Lineberry, Ben, PE; Ingram, Lloyd Subject: Kernstown Commons MDP We are in the process of reviewing the Kernstown Commons MDP. Overall the plan appears to be acceptable to the Residency. There are however some questions on the lane geometry and turning movements. Information concerning these items has been forwarded to District Traffic Engineering for a detailed review. We do not foresee denial of this MDP at this time, it is just a matter of addressing minor details. Therefore, we have no objections to this MDP moving forward through the County process. If you have any questions or concerns, please contact me. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 1 3/11/2005 9:37 AM Kernstown Commons MDP Subject: Kernstown Commons MDP Date: Wed, 9 Feb 2005 15:16:44 -0500 From: "Ingram, Lloyd"<Lloyd.Ingram@VDOT.Virginia.gov> To: "'Eric Lawrence (E-mail)"' <elawrenc@co.frederick.va.us> CC: "Chris Mohn (E-mail)" <Christopher.Mohn@phra.com>, "Copp, Jerry" <Jerry.Copp@VDOT.Virginia.gov>, "Lineberry, Ben, PE" <Ben.Lineberry@VDOT.Virginia.gov>, "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> We are in the process of reviewing the Kernstown Commons MDP. Overall the plan appears to be acceptable to the Residency. There are however some questions on the lane geometry and turning movements. Information concerning these items has been forwarded to District Traffic Engineering for a detailed review. We do not foresee denial of this MDP at this time, it is just a matter of addressing minor details. Therefore, we have no objections to this MDP moving forward through the County process. If you have any questions or concerns, please contact me. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 1 2/9/2005 3:33 PM • � = YTS i17a1 '- Frederick County, Virginia Master Development Plan Application" Request for Master Development Plan Comments Frederick County Fire Marshal Mail to: Hand deliver to • F E B 9 Frederic County Fire Marshal 1st Floor Attn: Fire Marshal 107 N. Kent St. FREDERICK COUNTY 107 N. Kent St. Winchester, VA PLANNING & DEVELOPMENT Winchester, VA 22601 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Fire Marshal's Comments: � Q � Frederick County Fire Marshal use only Date received �11—Oq Review Number: 12 3 4 5 (Please circle one) Date reviewed Date gpprov�d: � --A�Revision required Signature and Date /,;/-), C,&4 • +� (r�' Fr� n,rl Fff ica oo Frederick County Fire and Rescue q Department a y Office of the Fire Marshalr Plan Review and Comments VIRGINIA Control number MDP04-0015 Project Name Kernstown Commons Address 117 E. Piccadilly Street Type Application Master Development Current Zoning B2 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Date received Date reviewed Date Revised 6/11/2004 6/14/2004 Applicant P H R & A City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District 75-A-10 11 Recommendations Automatic Fire Alarm System Yes Hydrant Location Not Identified Roadway/Aisleway Width Adequate Emergency Vehicle Access Comments Emergency vehicie access and fire lanes shall be identified during the site planning process. Access Comments Rescue District 11 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments Extension of municipal water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4 Plan Approval Recommended Reviewed By Signature �;�" • Yes Timothy L. Welsh.: Title • • RECEIVED JUN 11 2004 Frederick County, Virginia Master Development Plan Application Package RED K COUNTY PUBUC WORK & INSPECTIONS Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick Co. Inspections Department 40' Floor Attn: Building Official 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5650 C E � U F E B 9 2 0 C 1, FREDERICK COUNTY PLANNING & DE`JFLOPMFNT 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: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Frederick County Inspections Department Comments: f Frederick County Inspections Department use onlyw Date received evie r: 2 3.4 5 (Please circle one) f Date reviewed Pat p y ti ision required Signature and Date , Xc, .� w RECEIVED Frederick County Virginia Master Development Plan Application Package JUN 11 2004 FWWW �p�(1ONS Request for Master Development Plan Comments Frederick County Department of Public Works Mail to: Band deliver to: Frederick County 4a' Floor Department of Public Works 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5643 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Department of Public Works Comments: 903 �Eu • 'v .-, .. •F-PY1W INE YAMW_ IMM-/ IM, /it/u 7•. a7k I• i . Department of PublicWorksuse only Date received ��«/ �� Review Number: 1 2 4 5 (Please circle one) - - Date reviewed % [�Q�f D e approved: 7 ��%OS/ Revision required Signature and Date 4 I FREDERICK COUNTY 8 PLANNING & DEVELOPMENT uest for Master • Plan C Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Auth. Attn: Sanitation Engineer 107 N. Kent St. Winchester, VA 22601 (540) 722-3579 Hand deliver to: 1 st Floor 107 N. Kent Street Winchester, VA (540) 722-3579 G E N E a J FREDERICK COUNTY SEP 2 7 2004 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 this sheet. Applicant's Name: Patton Harris Rust & Associates, pc (PHR+A) Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: East side of U.S. Route 11 (Valley Pike), south and adjacent to VA Route 37. Frederick -Winchester Service Authority Comments: no co, Frederick— Winchester Service Authority use only Date received 9 ZT 44' Review Number: 1 2� 4 5 (Please circle one) Date reviewed 9 04 Date approved: / . -- Revisi n required Signature and Date �.— /�i�� 9j 21 inia Master Development Plan A ' llca' `on Pack"e nest for Master Development Plan Comer Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Auth. Attn: Sanitation Engineer 107 N. Kent St. Winchester, VA 22601 (540) 722-3579 Hand deliver to: 1 st Floor 107 N. Kent Street Winchester, VA (540) 722-3579 FREDERICK COUNTY PI_AN1`!P P. nF',?EI_^PAl17,N1T �L JUN 1 2004 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 this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Frederick -Winchester Service Authority Comments: Re Ges�M Frederick— Winchester Service Authority use only Date received I I d Review Number: 1 ? 3 4 5 (Please circle one) Date reviewed Date approved: Revision required Signature and Date 15 4'��gg ;f inia Master Development Plan AP ation Packa erg S 11111C.,t L'I I M I P U Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 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 this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (SR 642) and Warrior Road Frederick County Sanitation Authority's Comment: MWE/ , i w M Frederick County Sanitation Authority use only Date received Review Number: 12 3 4 5 (Please circle one) Date reviewed a7 Revision /required Signature and Date 0 12 F E B 9 , n"5 ' FREDERICK COUNTY PLANNING & DEVELOPMEM Department of GIS (Geographic Information I _,;�WE FEB 9 ID FREDERICK COUNTY Mail to: Hand deliver to: FUN Department of GIS, Attn: GIS Manager Department of GIS 11 2004 �J 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 By:.-- ------------- (540) 665-5651 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center 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: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road GIS Manager Comments: REFER TO ATTACHED MAP Roadways designated with the numbers 1, 2, 3 must be named. For optimum 911 response and structure numbering, roadways designated as 4 and 5 should also be named and numbered. Submit road name requests for review to this department. Department of Planning and Development use only Date received Ate/ D� Review Numb4n 3 4 5 (Please circle one) Date reviewed �`� Date app�ed: _�� Revision required Signature and Date 4 {�ppxWAyS I I 2t 3 - rAusgr BE t4AMEb "9p^DWA4i 4%,S - 5Ao1JLD bE Avkmcb F61t oPtomkM Affs"Lrso D ECC WE FREDERICK COUNTY PLANNING & DEVELOPMENT 0 0 Frederick County. Virginia Master Development Plan Application Package Request for Master Development PIan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 662-2422 Winchester, VA 22602 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 this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 1.17 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S R 642) and Warrior Road Winchester Regional Airport Comments: �- A REGIONq` y90 WINCHESTER REGIONAL AIRPORT SERVING TFiE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662-2422 July 23, 2004 Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, Virginia 22601 Re: Master Development Plan Comments Kernstown Commons Shawnee Magisterial District Dear Sir: Following a review of the above referenced site plan, it has been determined that this proposal should not impede operations at the Winchester Regional Airport since it lies outside the airport's Part 77 surfaces and does not exceed height limitations. Should you have questions regarding this matter or need additional information, please do not hesitate to contact our office. Thank you for your continued support. Sincerely, 6 Serena R. Manuel Executive Director FEB 9 2005 D FREDERICK COUNTY PLANNING & DEVELOPMENT • ter. -7s -A Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 2nd Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Frederick Coun - 7W* ch ter Health Department's Comments: eyt ,Qz2A 146rja i Frederick Co. — Winchester Health Dept. use only Date received Review Number: 1 2 3 4 5 (Please circle one) Date reviewed __. D to approved: Revision required Signature and Date 7� Li rEB 9LO 11 FREDERICK COUNTY PLANNING & DEVELOPMENT Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan C C E � U E Frederick County Department of Parks and ' VaLlunFE9 9 Mail to: Hand dtt e to: Frederick County 107 N. trDERICK COUNTY Department of Parks and Recreation 2nd Flooi PLANNING & DEVELOPMENT 107 N. Kent St. Winchester, VA Winchester, VA 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: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road Department of Parks and Recreation's Comments: No Comment Department of Parks and Recreation use only In Date received Review Number 1 2 3 4 5 (please circle one) � Date reviewed Date approved Revision required r? Signature and Date-'/1f �ti tG-� 6/14/04E�� Al 10 --- I� FE9 FREDERICK CUU0Y ,rc�nP�AENT Request for Master Development Plan Comments Frederick County Public Schools r 4 200¢ Frederick County Public Schools Attn: School Superintendent 1415 Amherst Street Winchester, VA 22601 Hand deliver to: _- 1415 Amherst Street Winchester, VA 22601 (540) 662-3888 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 this sheet. Applicant's Name: Patton Harris Rust and Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: Kernstown Commons Location of Property: Southeast corner at intersection of Tasker Road (S.R. 642) and Warrior Road School Superintendent's Comments: Ile)i ion, ct icj.r 114rr 1-Z-- , Frederick County Public Schools use only i Date received �� Review Dumber. 1 2 3 4 5 (Please circle one) - —r Date reviewed Date a roved: pp _ Revision required _ Signature and Date t L 14 I June 28, 2004 Patton Harris Rust and Associates, PC Mr. Charles E.. Maddox 117 E. Piccadilly Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development RE: Preliminary Master Development Plan Review Comments Kernstown Commons Property Identification Number (PINs) 75-A-10 Dear Chuck: 540/665-5651 FAX: 540/ 665-6395 FEB 9 2005 D FREDERICK COUNTY PLANNING & DEVELOPMI Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1) Interstate Overlay Sign. Please note on the preliminary MDP that only one Interstate overlay district sign shall be permitted on the 31.5327 acres. 2) Private Streets. Section 144-24.0 of the Frederick County Subdivision Ordinance requires that all lots have direct access and abut a public road. A waiver by the Frederick County Board of Supervisors could allow the proposed private road layout. It is standard for a letter of request for a waiver be submitted if a waiver is sought. Also, this request for a waiver should be noted on the preliminary MDP. In the letter of request you should justify why it is appropriate to provide such a waiver. Staff believes that it is appropriate to provide public roads for the two primary roads proposed within the development. Please provide typical road details for all proposed roads. 3) Sidewalks. Please specify with a note on the MDP that sidewalks shall be provided along both sides of all proposed roads. 4) Corridor Design Standards. Design standards for new development in business corridors include sign style limitation (i.e., only monument style signs), limiting the height of signs (i.e., 20% limiting the number of entrances off of Route 11 (i.e., two), additional landscaping and berms, increased front setbacks, streetlights at intersections, parking lot screening, architectural standards, and bike trails along Route 11. Further information regarding corridor design standards can be found in the 2003 Comprehensive Policy Plan. Staff "recommends" that the proposed development be designed with these standards. 107 North Kent Street - Winchester, Virginia 22601-5000 0 Page 2 Re: Preliminary Review Comments for Kernstown Commons NMP Mr. Charles E. Maddox June 28, 2004 5) Route 11 Improvements. Please show all road improvements to Route 11. This shall incorporate all road improvements required by VDOT. Staff "recommends" that medians along Route 11 be topsoiled and seeded. 6) Future Route 37 & I-81 Improvements. The 2003 Comprehensive Policy Plan recommends that all land uses proposed adjacent to the planned Route 37 and I-81 interchange road improvements be situated a minimum of 100 feet from these rights -of -ways. It is appropriate to demonstrate how these planned road improvements will impact this development site during the preliminary NMP review process. 7) Entrance Spacing From Route 11. Please ensure that all entrances are a minimum of 200' from the curb return of the intersection with Route 11. It appears from the scale that the proposed entrance to lot 1, both entrances to lot 8, both entrances to lot 7, and the entrance to lot 6 do not meet this requirement. Please change as necessary. 8) Setbacks. Please state the minimum setbacks for all proposed lots. This includes minimum front setbacks from all proposed roads. 9) SAN. FM. ALT. 2. Please explain the meaning of ALT 2 in the notation beside the sanitary force main. Also, please clarify if this is an existing or proposed utility line. 10) Legend. Please make all necessary modifications to the legend to ensure that the legend features correspond to the preliminary NMP. 11) Landscaped Area. Please reword the phrase "open space" to "landscaped area" in the landscaped area provided notation under the project summary section. 12) Street Trees. Please note that the correct reference to the Zoning Ordinance in regards to street tree landscaping is Section 165-36.A (1). The landscaping requirements in Section 165.-36 are only required for residential developments. 13) Engineer's Seal and Signature. Please ensure that the engineer's seal and signature are provided on the preliminary NMP copies submitted upon formal submission of the application. 14) Frederick County Bicycle Plan. Provisions should be made for bike lanes on the subject parcel or within the Route 11 right-of-way. The Frederick County Bicycle Plan calls for a future bicycle facility (trail) along Route 11. This plan can be found in the 2003 Comprehensive Policy Plan. Typical details of all proposed bicycle trails should be provided on the NMP. 15) Telephone Number of Owner/Developer. Please provide a telephone number for the owner(s) of the property on the preliminary NMP. 16) Date Prepared. Please provide the specific date in June on which the preliminary NMP was prepared. Please list all revisions dates for future revisions to the plan. 17) Phases. Please show the proposed schedule of phases, including roads, and their boundaries. Page 3 Re: Preliminary Review Comments for Kernstown Commons MDP Mr. Charles E. Maddox June 28, 2004, 18) Traffic Impacts. Please provide projected traffic impact information (average daily trips at intersections) on the MDP. 19) Location Map. Please label the exit number of the I-81 interchange on the location map. Please also remove the label for "Horton's" found on the east side of I-81, and increase the scale of the map to 1:2000. 20) Uses. Unless the specified uses on the MDP are guaranteed, it may be appropriate to remove the proposed uses for each lot or provide a note that the proposed uses for each lot are conceptual only. 21) Inter -parcel Connections. Please provide a statement on the MDP which states that individual site plans shall be designed to provide inter -parcel connections where'appropriate. 22) Sewer and Water Connection Narrative. Please provide a narrative explaining how the future uses on the site will be served by sewer and water service. 23) Other Utility & Easement Locations. Please show any existing electric and gas utility lines, and all existing easements. 1 24) Natural Waterways. Please show and label the natural waterway which flows eastward through the northern portion of the property. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to -this department. The review fee for this application will be $3,076.64 ($1,500 base + $1576.64 @$50 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 Airport Authority, 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, 4 - , c�� Jeremy F. Camp - Planner H JFC/bad cc: Orange Partners, LLC c/o Nerangis Management Corp., 500 Pegasus Ct., Winchester, VA 22602 A Traffic Impact Analysis of the Kernstown Commons Located in: Frederick County, Virginia Prepared for: Nerangis Management Corporation 500 Pegasus Court Winchester, VA 22602 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. p 01 Martinsburg, West Virginia 25401 Ma insburfi Avenue, Suite 54 304.264.2711 HRAT F 304.264.3671 January 14, 2005 RLE � w E 9 ERICK COUNTY PLANNING & DEVELOPMENT APPENDIX R c�o�� FEB FREDERICK COUNTY PLANNING & DEVELOPMENT HCS-2000 Worksheets pECEoWE FEB 9 FREDERICK COUNTY PLANNING & DEVELOPMENT Traffic Counts ��iD C E F F B FREDERICK COUNTY gilbert w. Clifford & tociates a division of Patten Harris Rest & Adaccpc tes,pc VFF Engi�ea9. Surveyors. Planner9. Lar>dacape Mctirtects 117 East Piccaddy Street, 8Lnte 2GB R+A Wiinchester.Virginia22801 PHT 540L667.2139 B 92005 ransmittal F 540.665.0493 IC y I EC6UN PLANNING To: Mike Ruddy Organization/Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: February 9, 2005 From: Chuck Maddox, P.E. Project Name/Subject: Kernstown Commons VI a: Internal Project File #: Quantity File # Date Description Transmitted ❑ Herewith 1 Application Master Development Plan ❑ Under separate cover 1 Check in the amount of $5,153.27 Material ❑ Originals 1 Power of Attorney ❑ Photocopies ❑ Diskette 1 ea. Comment Sheets from Agencies ❑ Shop Drawings ❑ Mylar 69 Master Development Plan ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Received by: Date: Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TAME 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 Cand 1 hi David Mark Susan Eric COMMENTS: Received by Clerical Staff (Date & Time):' I ��o5 ?SD COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC MEETING May 11, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: LIMITED ACCESS BREAK FOR KERNSTOWN COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 25, 2005 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Endorsement of a Limited Access Line Break (for VA Route 37) for the development known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown, in the Shawnee Magisterial District and identified by Property Identification Number (PIN): 75-A-10. The public -meeting for the endorsement of the limited access line break is required by the Virginia Department of Transportation and the Commonwealth Transportation Board before they formally accept the application for their review. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on Qfrom the Department of Planning and Development, Frederick ---------- --. County, Virginia: —------------- - ..--- - - 75 A- - 4- - - - - MCMICHAEL, SCOTT A & A MICHELE 75 -A- • 10- � ORANGE PARTNERS, LLC ry�� 500 PEGASUS CT •� C' P.O. BOX 1210 WINCHESTER, VA. 22602.4596 X STEPHENS CITY, VA 22655 Patton Harris Rust Associates, PC Attn: Charles Maddox \ . 117 E. Piccadilly Street, Suite 200�QV Winchester, VA 22601 75 -A- - 11•C MILLER AUTO SALES, INC & DEALERSHIP MGMT CO, LLC 3985 VALLEY PIKE i WINCHESTER, VA 22602-2465 - 75 -A- 2 E M & C PROSPERITY, LLC 2864 HARTLAND RD FALLS CHURCH, VA 22043.3526 75A - 6- B- 41-B TOMS, LLC PO BOX 3243 WINCHESTER, VA I 22604.2443 75 . A- 3- SADEGHZADEH, MOHSEN 501 JEFFERSON ST WINCHESTER, VA. 22601.3222 75 •4- - 2- GLAIZE DEVELOPMENTS, INC PO BOX 888 WINCHESTER, VA 22604.0888 75 -A- . 10-A - - - WINCHESTER-81 L L C 'C/O URQUHART & CO 14144 WALTON DR MANASSAS, VA 20112-3701 75 . A. - 5. - VANCO, LLC 3862 VALLEY PIKE WINCHESTER, VA 22602.2455 ADAMS, T G & ROSALIE 3632 VALLEY PIKE WINCHESTER, VA 22602.2453 i_,U/ Candice E. Perkins, Plamier II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERIC A) I, a Notary Public in and for the State and County 4aforesaid, doh by certify that Candice . Perkins, Planner II for the D pa ment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my St e a id County aforesaid. Given under my hand this /�=� " day of ,�o e My commission expires onL�(� Dlcoo, e_1f1z6i=W__ NOTARY FYBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING April 20, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: LIMITED ACCESS BREAK FOR KERNSTOWN COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, May 4, 2005 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Endorsement of a Limited Access Line Break (for VA Route 37) for the development known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown, in the Shawnee Magisterial District and identified by Property Identification Number (PIN): 75-A-10. The public meeting for the endorsement of the limited access line break is required by the Virginia Department of Transportation and the Commonwealth Transportation Board before they formally accept the application for their review. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner I1 CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 h � r This is to certify that the attached correspondence was mailed to the following on Z,/ from the Department of Planning and Development, Frederick County, Virginia: -- --- - - -- . 75 - A- . 4- 75 -A- 10• f MCMICHAEL, SCOTT A & A MICHELE ORANGE PARTNERS, LLC 500 PEGASUS CT P.O. BOX 1210 WINCHESTER, VA. 22602-4596 - STEPHENS CITY, VA 22655 - - 75 -4- - 2- Patton Harris Rust Associates, PC GLAIZE DEVELOPMENTS, INC Attn: Charles Maddox Po BOX 888 117 E. Piccadilly Street, Suite 200 WINCHESTER, VA 22604.0888 - Winchester, VA 22601 %�"�/)L,i _ - 75 -A- • 10-A — - - - WINCHESTER•81 L L C 75 • A- • 11-C � CIO UROUHART & CO14144 MILLER AUTO SALES, INC WALTON DR & DEALERSHIP MGMT CO, LLC MANASSAS, VA 20112.3701 3985 VALLEY PIKE WINCHESTER, VA 22602.2465 75 • A- 5- _ L VANCO, LLC 75 . A• . 2-E 3862 VALLEY PIKE M & C PROSPERITY, LLC WINCHESTER, VA 22602.2455 2864 HARTLAND RD - - -- - FALLS CHURCH, VA 22043.3526 75 . A- - 6- - ADAMS, T G & ROSALIE 75A - 6- B• 41-B 3632 VALLEY PIKE TOMS, LLC WINCHESTER, VA 22602.2453 PO BOX 3243 _ — WINCHESTER, VA 22604.2443 75 . A- . 3- SADEGHZADEH, MOHSEN 501 JEFFERSON ST WINCHESTER, VA. 22601.3222 Candice E. Perkins, lanner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a 1, , a Notary Public in and for the State and County aforesaid, do reby certify that Cand E. Perkins, Planner II for the De art�nt of Planning and Development, whose name is signed to the foregoing, dated , , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Q day of �eds My commission expires on 4� (9, �D0 e NO ARY POLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC MEETING March 9, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-05 OF KERNSTOWN COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, March 23, 2005 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-05 for Kernstown Commons, submitted by Patton Harris Rust and Associates, PC, for Commercial Use. The property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown, and is identified with Property Identification Number 75-A-10, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: -- - - — 75 - A- - 4- 75 -A- - 10- y�1 MCMICHAEL, SCOTT A & A MICHELE ORANGE PARTNERS, LLC 500 PEGASUS CT P.O. BOX 1210 WINCHESTER, VA. 22602.4596 I STEPHENS CITY, VA 22655 75-4.-2 - 1 GLAIZE DEVELOPMENTS, INC Patton Harris Rust Associates, PC i PO BOX 888 Attn: Charles Maddox i WINCHESTER, VA 22604 0888 117 E. Piccadilly Street, Suite 200 - - — Winchester, VA 22601 PP�! 75 A 10 A . - --- — _ WINCHESTER-81 L L C 75 -A- - 11-C CIO UROUHART & CO MILLER AUTO SALES, INC 14144 WALTON DR & DEALERSHIP MGMT CO, LLC MANASSAS, VA 20112.3701 3985 VALLEY PIKE - WINCHESTER, VA 22602-2465 75 A 5 VANCO, LLC 75 . A• - 2-E \� 3862 VALLEY PIKE M & C PROSPERITY, LLC WINCHESTER, VA 22602.2455 2864 HARTLAND RD - — - - -- 75 A 6 FALLS CHURCH, VA 22043.3526 - - ADAMS, T G & ROSALIE 75A - 6• B- 41-B 3632 VALLEY PIKE TOMS, LLC i WINCHESTER, VA 22602.2453 PO BOX 3243 ----- - - — - WINCHESTER, VA 22604.2443 i_ 75 - A- - 3- SADEGHZADEH, MOHSEN ! // 501 JEFFERSON ST WINCHESTER, VA. 22601.3222 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, 'zz. Z� / - , a Notary Public in and for the State and County aforesaid, do huVreby certify that Can ' e E. Perkins, Planner II for the D ailment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged tthhee� same in my Sta e a d County aforesaid. Given under my hand this day of My commission expires on 3 oC O 1 NOTARY PUbLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING February 16, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-05 OF KERNSTOWN COMMONS On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, March 2, 2005 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #04-05 for Kernstown Commons, submitted by Patton Harris Rust and Associates, PC, for Commercial Use. The property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown, and is identified with Property Identification Number 75-A-10, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to cei ify that the attached correspondence was mailed to the following on c /& 5 from the Department of Planning and Development, Frederick County, Virginia: -- - — -------- - 75 A 10 ORANGE PARTNERS, LLC 0(11A) � 75 - A- - 4- MCMICHAEL, SCOTT A & A MICHELE 500 PEGASUS CT P.O. BOX 1210 WINCHESTER, VA. 22602.4596 STEPHENS CITY, VA 22655 Patton Farris Rust Associates, PC 75 - 4 - 2 GLAIZE DEVELOPMENTS, INC Attn: Charles Maddox PO Box 888 117 E. Piccadilly Street, Suite 200 WINCHESTER, VA 22604.0888 Winchester, VA 22601 Q I WINCHESTER•81 L L C 75 A 11 C CIO UROUHART & CO MILLER AUTO SALES, INC I 14144 WALTON DR & DEALERSHIP MGMT CO, LLC MANASSAS, VA 20112.3701 3985 VALLEY PIKE WINCHESTER, VA 22602.2465 75 A- - 5- VANCO, LLC 75 - A- - 2•E 3862 VALLEY PIKE M & C PROSPERITY, LLC WINCHESTER, VA 22602.2455 2864 HARTLAND RD FALLS CHURCH, VA 22043.3526 75 - A• - 6- - - - - ADAMS, T G & ROSALIE 75A - 6- B• 41-B TOMS, LLC 3632 VALLEY PIKE j WINCHESTER, VA 22602.2453 PO BOX 3243 WINCHESTER, VA 22604.2443 i - 75 - A- - 3- SADEGHZADEH, MOHSEN I 501 JEFFERSON ST WINCHESTER, VA. 22601.3222 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do lWreby certify that Ca ice E. Perkins, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated o — , has personally appeared before me and acknowledged the same in my State an County aforesaid. Given under my hand this _ 1����' day of '-)-'q6s— My commission expires on 3 �d NOTARY 11f B L I C COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING June 10, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: LIMITED ACCESS BREAK FOR KERNSTOWN COMMONS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, June 22, 2005 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider the Endorsement of a Limited Access Line Break (for VA Route 37) for the development known as Kernstown Commons. This property is located at the southeast corner of the intersection of Route 11 and Route 37 in Kernstown, in the Shawnee Magisterial District and identified by Property Identification Number (PIN): 75-A-10. The public meeting for the endorsement of the limited access line break is required by the Virginia Department of Transportation and the Commonwealth Transportation Board before they formally accept the application for their review. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, �- Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on /," v — from the Department of Planning and Development, Frederick County, Virginia: - -- - - - --- 75 -A- - 11-C WINCHESTER-81 L L C MILLER AUTO SALES, INC CIO UROUHART & CO & DEALERSHIP MGMT CO, LLC 14144 WALTON DR 3985 VALLEY PIKE MANASSAS,,VA 20112 3701 WINCHESTER, VA 22602-2465 _-- __ _ - - 75 -A- - 2-E 75 - A- - 5- M & C PROSPERITY, LLC VANCO, LLC 2864 HARTLAND RD 3862 VALLEY PIKE FALLS CHURCH, VA 22043.3526 WINCHESTER, VA 75A - 6- B- 41-B TOMS, LLC PO BOX 3243 WINCHESTER, VA 22604.2443 75 - A- - 3- SADEGHZADEH, MOHSEN 501 JEFFERSON ST WINCHESTER, VA. 22601.3222 75 - A- - 4- MCMICHAEL, SCOTT A & A MICHELE P.O. BOX 1210 STEPHENS CITY, VA 22.655 75 -4- - 2- GLAIZE DEVELOPMENTS, INC PO BOX 808 WINCHESTER, VA 22604.0888 75 - A- - 6- ADAMS, T G & ROSALIE 3632 VALLEY PIKE WINCHESTER, VA 75 -A- - 10- ORANGE PARTNERS, LLC 500 PEGASUS CT WINCHESTER, VA. 22602.2455 22602-2453 22602.4596 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I; 2-, , a Notary Public in and for the State and County aforesaid, doh reby certify that Ca ice E. Perkins, Planner II for the D part ent of Planning and Development, whose name is signed to the foregoing, dated a 6 S— , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of 6 �9.S:::-- My commission expires on -�)Cco NOTARY BLIC �ffp �-05- to jIV AJ 00 At M 6 X.1 S Kernstown Commons ARBARA-DATA PROCESSING FR : ev- a Plea se`�ss o a by KS!! Tax ID # Name Address I Zonin2 Use 75-A-11C Geor e & John Miller c/o Miller Auto 3985 Valley Avenue, Winchester, VA 22602 B2 Retail 75-A-2E .X M&C Prosperity, LLC 2864 Hartland Road, Falls Church, VA 22043 B2 Vacant 75A-6-B-41B Tom's LLC P.O. Box 3243, Winchester, VA 22604 B2 Vacant 75-A-3 X Mohsen Sade hzadeh 501 Jefferson Street, Winchester, VA 22601 B2 Vacant 75-A-4 k Scott & Michele McMichael 607 Lower Valley Road, Strasburg, VA 22657 B2 Commercial 75-4-2 / SHIHO, Inc P.O. Box 3276, Winchester, VA 22604 B2 Vacant 75-A-89 Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-89A x Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-90 N�' Glaize Developments, Inc. P.O. Box 888, Winchester, VA 22604 B2 Vacant 75-A-10A Winchester-81 LLC c/o Ur hart & Co 14144 Walton Drive, Manassas, VA 20112 B3 Vacant 75-A-5 ' T G Adams 3632 Valley Pike, Winchester, VA 22602 B2 Commercial 15-A-4>- 7T m � CD � m o � m G c7 m o ac �z IM < z 4 � [I� rn � m 1(�fl CO o O �n ;� P TO:BARBARA-DATA PROCESSING FROM: Bev- Planning Dept. Please print sets of labels by THANKS!! -------