Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-08 Westfield Business Park Commercial - Stonewall - Backfile
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 Packaxe Comment sheets from the following agencies along with any marked copies of the plan: VDOT Fire Marshal Sanitation Authority -""-inspections Dept. Health Department County Engineer City of Winchester GIS (Mapping) Parks & Recreation 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 Application received 60 Fee Paid (amount: $ 9e 7 V� Preliminary MDP heard by Planning Commission - Action taken: - : l% Preliminary MDP heard by Board of Supervisors -Action taken: C�I� `C OS/ Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. b t� Final MDP signed by County Administrator and Planning Director (send two copies to applicant). Administratively approved; letter sent to applicant. NOTES: DATE: 1� o File opened. I o� Reference Manual updated/number assigned. 3 allok D-base updated. List of adjoiners given to staff member for verification. CoL-o lfie location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. S 1 l fCO mile given to Renee' to update Application Action Summary. CLOSE OUT FILE: "14 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 Jane wants a copy of the final action letter even if the application was denied or withdrawn..) 4 (4 ,W File stamped "approved"/"denied" or "withdrawn." a4 GS/ Reference Manual updated. 4 - b D-base updated. I le given to Renee' for final update to Application Action Summary. File in file drawer. U \C.oI\C:.. \T,=kmg shma\TRACKING. MDP K- 0IL11/03 CO m a cr 0 DATE 6 lk � RECEIVED FROM —S-`� - a l �k ADDRESS "� , ►`15Z•`l, c l `ram` ❑FOR RENT � /'�,1� b , ) LlFOR / I j • • AMT OF CASH ACCOUNT AMT. PAID W,) — CHECK ,4 BALANCE MONEY DUE ORDER No. 9137 Plcx �) O' aZ2 $3gGA ;�� BY l.s�sZl a I- Please note: The Subdivision/MDP plans associated with this file are located in the file room. • • Ai January 2, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Preliminary Review Comments for Easy Living Commercial Center Master Development Plan Property Identification Numbers (PINS): 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 44B-1-4, 44B-1-6 Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Easy Living Commercial Center. Staff s review comments are listed below for your consideration. 1. Property Lines. On sheet 2, all property lines need to be shown. 2. Proffers. The GDP needs to be included on the proffer sheet. 3. Maximum Square Footage. The maximum square footage proffered with the rezoning should be shown on the coversheet. The trip generation data accounts for 120,000sf, but does not provide a square footage for the "mart" that would go with the gas station. 4. ROW Dedication and Bike Trail. The portion of property directly north of Easy Street needs to be revised to show the ten foot ROW dedication and the bike trail. 5. Interparcel Connection. A note should be provided on sheet 2 in regards to Interparcel connection to the property to the north of Easy Street. Should these properties cease to be used for residential purposes and the buffer is no longer required, an Interparcel connection so these properties can access Easy Street should be provided to decrease the number of entrances on Martinsburg Pike. 6. Existing Access Road. This MDP does not implement Proffer C2, which stated that the existing access road serving the. mobile home park would be relocated to the primary commercial street. 7. Future Road. Proffers C8 and C9 are not accounted for on sheet 2 of the MDP. A note should be provided that references the detail on sheet 3. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 01 Ve Gd_U� Evan Wyatt; Greenway Engineering Easy Living Commercial Center MDP January 2, 2008 Page 2 8. Zoning District Buffer. The area north of Easy Street which is shown with a buffer should be modified to include 'thd trees along Martinsburg Pike, with the bicycle path behind the trees and the zoning district buffer beginning behind the trail. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, all review agency comments and review fee, to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Health Department, Frederick County Parks & Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Senior Planner Attachment CEP/bad ,1 Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No ✓ 1. Name of proposed development. 2. Name, address, and telephone number of owner. 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. ✓ 5. Signed certificate of surveyor, engineer, or architect. ,/ 6. Date plan prepared and date of revisions. ✓ 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should — — be cited. — A_ & ` ) � G( C- � tb Ate_ . ✓ 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. ✓ 10. Magisterial District. v 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No V% 1. Location map (scale 1:2000). ✓ 2. Scale of the MDP is not to exceed 1:100. 3. North Arrow. 4. Legend describing all symbols. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. _ 7. Topography contour lines at acceptable intervals. ti f Pr 8. A schedule of phases, boundary of phases, and order of development. ✓ 9. Use, zoning, and property owner of all adjoining properties. 10. Location of proposed uses (location, boundaries, arrangement). 11. Location and treatment of historic structures and sites. V _ 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. V/ 14. Amount and percentage of disturbed and protected land in common open space. Page 14 A Frederick County, Virginia Master Development Plan Application Package Yes No 1. Location and dimension of Residential Separation Buffers. 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. 4. Number of dwelling units (by type, phase, and in total). 5. Location and configuration of required recreational cilities. Statement of required and type of facilities to be Infrastructure Information Yes, L1. No Location of adjoining streets and utilities. V 2. Location, arrangements, and right-of-way widths of roads and property access. V 3. Location and arrangement of street entrances, driveways, and parking areas. ✓ 4. Location of entrances to the development from public streets. 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. y )C:sr Page 15 Frederick County, Virginia Master Development Plan Application Package ✓ 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation. 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. Location and arrangement of electric and gas utilities. Other Design Information Yes No ✓ 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. 2. Plan for stormwater management. Location of stormwater facilities. 0 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 Frederick County, Virginia Master Development Plan Application Package Counly Health Department Information Yes No 1. Statements and locations pertaining to sewer and water availability. r>J A 2. Statements and locations concerning any existing pre- or post -water treatment facilities. 3. Statements and location of any planned private treatment facilities. Page 17 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Easy Living Commercial Center -Master Development Plan File No: 0633 Date: Fri, Nov 16, 2007 To: FC Planning Attn: Mike Ruddy Copied Delivery: r Fed Ex r-1 Other_ r-1 U.S. Mail From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Courier f—I Pick Up 1-1 Urgent r-71 For Your Review 1-1 As You Requested P-1 Please Comment Message Mike, Attached is the following for your review and comment: -Master Development Plan Application -2 copies of the Master Development Plan -Planning comment sheet As always, thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received by: go\pa�e3 `lOUI Please Print Name: N? April 24, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 •r o al « II COX of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: MASTER DEVELOPMENT PLAN #02-08 FOR WESTFIELD BUSINESS PARK Final Master Development Plan Approval Property Identification Numbers (PINS): 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 44B-1-4 and 44B- 1-6 Dear Evan: Frederick County administratively approved the above -referenced final master development plan on April 23, 2008. The master development plan is approved for the potential development of 4.021 acres in the B2 (Business General) Zoning District and 16.006 acres in the B3 (Industrial Transition) Zoning District within the Stonewall Magisterial District. This site is approved for commercial land uses as depicted on the plan. The properties which would comprise this development are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. The Frederick County Board of Supervisors granted staff administrative approval authority on April 9, 2008. 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 six (6) 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, C Candice E. Perkins, AICP Senior Planner CEP/bad cc: Charles DeHaven Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Patrick Barker, EDC Commissioner of Revenue Public Works 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 • MASTER DEVELOPMENT PLAN #02-08 WESTFIELD BUSINESS PARK Staff Report for the Board of Supervisors Prepared: April 3, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Planning Commission: 04/02/08 Board of Supervisors: 04/09/08 Action Recommended Approval Pending LOCATION: The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 44B-1-4 and 4413-1-6 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) and B3 (Industrial Transition) Use: Residential and Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M1 (Light Industrial) Use: Residential RA (Rural Areas) Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential/Vacant West: MH1 (Mobile Home District) Use: Mobile Home Park PROPOSED USE: Commercial Uses (120,000sf maximum per proffer) MDP #02-08, Westfield Buso Park April 3, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Route 11, the VDOT facility which would provide access to the property. VDOT offers the following comment: The overlay detail should reference the revised WP-2 detail dated November, 2007. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plans approved as submitted. Frederick County Public Works: Your submittal of a wetlands study for the subject project has adequately addressed our review comments dated December 26, 2007. Therefore, we can grant our approval of the subject master development plan. Frederick County Inspections Department: No comment required at this time. Frederick County Sanitation Authority: 1s' review. Correct & resubmit — 2 items. 211d review — Approved. GIS Department: Westfield Court has been approved and added into the system. Structure numbering will be assigned during the permit construction phase of development. Winchester Regional Airport: The Master Development Plan was reviewed and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surface. Plannin1 & Zonina: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. MDP #02-08, Westfield Busif Park April 3, 2008 Page 3 B) Location The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The Board of Supervisors approved Rezoning Application #03-07 for Easy Living Associates on May 9, 2007. This action rezoned the 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. Therefore this Master Development Plan is in accordance with the Comprehensive Policy Plan. Transportation The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. With the rezoning for this property the applicant proffered to construct a new 12 foot lane on Martinsburg Pike along the frontage of their property as well as enter into a signalization agreement with VDOT to fund a signal for their entrance. The applicant also proffered to provide a ten foot asphalt pedestrian path along the frontage of the site along Martinsburg Pike, which is shown on the MDP. Cite APP( P.CC The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that one public street entrance and one commercial entrance shall be permitted on Martinsburg Pike from the property. MDP #02-08, Westfield Busif Park April 3, 2008 Page 4 Pro ers — Dated September 13, 2006, Revised May 9, 2007 (See Attached Proffer Statement) STAFF CONCLUSIONS FOR THE 04/02/08 PLANNING COMMISSION MEETING: The master development plan for the Westfield Business Park depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Therefore, the preliminary Master Development Plan for the Westfield Business Park is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/02/08 MEETING: There were no public comments. No issues or areas of concern were raised by the Commission. The Planning Commission unanimously recommended approval. (Note: Commissioners Tripplett and Kriz were absent from the meeting.) STAFF CONCLUSIONS FOR THE 04/09/08 BOARD OF SUPERVISORS MEETING: The master development plan for the Revised Westfield Business Park depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Therefore, the preliminary Master Development Plan for the Westfield Business Park is in a form that is administratively approvable. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. The applicant is seeking authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will grant staff with administrative approval authority for the final master development plan. esPAerial Map Frederick County, VA Master AqG Development Plan �Fc F�qY WNTEELYCO SETT MDP # 02 - 08 t Application MYNEDL a�N . Westfield Business Park ✓q�Fp�, O� Location in the County , �P Iwivl�44 Parcel ID: YE Y - 1 - B, 44B - 1 - 2, O 44B - 1 - 3, 3A, EASY LWI -ES �i ..:, 44B - I - 4, 6 FASY LMNG' IE °9p4° �` E+ „ .,. DYE MNEi Map Features Application Lakes/Ponds Streams �0 Urban Development Area SWSA EA8 EmxDXssocuYEs -..,:. A&5 f6 + CUTS HAW EN ERPRSES LC� \ he ffYtC' �E4 6 ` � Il e 1PTSnnn • .. •� \�► - an Sp in _ MON. I Location in Surrounding Area R�FSTQwHRQ D © Case Planner: Candice Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\2008\WestfieldBusinessPark_MDP0208_031808.mxd) 3/19/2008 -- 8:42:12 AM r, Location Map \� I A � gGlq,o C�Cn WHITE ELWOOD L PAYNE 0. L. 6 RUTH B. SyFQ' , i �10, SIMKHOVIrCH RDHALD S. a \ // 1 DI WAMPLER JACKBKSR& ✓q EASY LIVING ASSOCIATES ACK K JR PIA �F // 1 Al EASY LIVING ASSOCIATES Nc q;O yOl � "a 1 fi cyNO'10 `- EASY LIVING ASSOCIATES TN V S Na 1 11A F - DYE JANET S T ! s O0.O O lSr 0009 J n TNN B �p'Yq 9(m 9 N s FN // A 5/ /IB 1 / WTSHAWENTERP EASY LIVING ASSOCIATES 41 A 50 Or/ - CUTSHAW ENTERPRISES LC SHIRLEY ALLEN LETALS c Fq��9llc SyglT�pO SSO i9JlS yy0 �9 's Or * 11E Sl'ck4 0le 9 `pgOpSq'l'Sll c161 CUTSHAW ENTERPRISES LC c // A /7 BISHOP GREGORY A Ol10.� Frederick County, VA Master Development Plan MDP#02-08 Application Westfield Business Park Location in the County Parcel ID: 44-1-B,44B-1-2, 44B-I-3,3A, 44B-1-4,6 Map Features - Application 0 LakeS/Ponds -- Streams Qt Urban Development Area 0%0 SWSA Location in Surrounding Area 0 75 150 © Case Planner: Candice Map Document: (N:\Planning_And_Development\ 1_Locator—Mps\2008\WestfieldBusinessPark_MDP0208_031808.mxd) 3/19/2008 — 8:42:12 AM M1 zoning M A 3 —TE ELAODD L& BETTY MYNE O. L. R u I A slwNNowTa aoruLo s. t KANOLERJAC k! I}D A t'ACiY R. 11B I mA DYE JANEi 5 •1f o' :s EASY LIVING ASSOCIATES 6 Oj4t FI ` 'bB BNIRLEY ALLEN L ETALS °•4 1f zoning o, 4 9 i fA9Y� 'tY 4 �f''Y <O u A l IIISNOR GREGGRY A RP zoning DtD c; Frederick County, VA Master Development Plan MDP # 02 - 08 Application Westfield Business Park Location in the County Parcel ID: 44-1-B,44B-1-2, 44B - 1 - 3, 3A, Map Features 44B - 1 - 4, 6 - Application Zoning aS Lakes/Ponds B1 (Business, Neighborhood District) ^— Streams B2 (Business, General Distrist) 01 Urban Development Area 4W B3 (Business, Industrial Transition District) M SWSA 4M EM (E)tractive Manufacturing District) HE (Higher Education District) • M1 (Industrial, Light District) M2 (Industrial, General District) MHI (Mobile Home Community District) MS (Medical Support District) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) o� hen O an Sprin Location in Surrounding Area GK � 0 75 150 © Case Planner: Candice Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\2008\WestfieldBusinessPark_MDP0208_031808.mxd) 3/19/2008 -- 8:42:12 AM 0 • Greenway Engineering september 15, 2006 Revised March 21, 200.7 Revised April 18, 2007 Revised April X 2007 Revised May 9, 2007 Easy Living Associates Rezoning. EASY LIVING ASSOCIATES— RT. XI NORTH COMAIERCIAL PROFFER STATEMENT REZONING: RZ #03-07 Rural Areas District (RA) to Business. General. District,(132). and Industrial Transition.District (B3) PROPERTY: 19.02 acres Tax Parcels#44-((1))-B, 44B=((I))-2, 448-((I))-3, 44B-((f))-3A, 44B-((1))-4, anti 44B-((1))-6 (here -in after the "Property'') RECORD OWNER: Easy Living Associates;. Jacob H: Yost, 111, Manager APPLICANT: Easy Lining Associates (here -in after the ".Applicant"). PROJECT,NAME: Easy Living Associates — Ri: 11. North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: May_9, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950,. as amended, and the provisions of the Frederick, County Zoning Ordinance with respect to conditional zoning, the undersigned. Applicant hereby proffers that in, the event the Board of Superyisors of Frederick County, Virginia, shall. approve. Rezoning .Application: #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District, to establish. 4.02±- -acres, of B-2, Business General District and 15.0±-acres of B-3•;, Industrial. Transition District, development of.the. subject property shall be done in conformity with the. terms and conditions set forth .Herein, :except: to the extent that such. terms .and: conditions. may be subsequently, amended. or revised by, the Applicant. and, such be approved by the Frederick County Board of Supervisors in accordance. with the. said Code and Zoning Ordinance. In the event that such rezoning :is not granted, alien these proffers- shall be deemed withdrawn and have no effect whatsoever.. These proffers shall be binding upon. this Applicant and their legal successors, heirs, or assigns: The Property, more particularly described as the lands ovUried by. Easy Living Associates, being all of Tax Map Parcels 44-((1))7B, 44B-((1))4, 44B-((1))-3; 44B-((1))-3A, 44B- ((I))-4, and 44B-((I))76,, and further described by Boundary Survey Plat prepared by. Artz and -Associates, dated August 31, 2006 (see attached Boundary Survey flat).. File#0633/EAW 0 Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18,2001 Revised Apri[ 30, Z007_ Revised May 9,12007 A.) Gene>aizzed Development Plain .Easy Living Associates Rezoning The Applicant hereby proffers to develop the Property in substantial 'conformity with the attached Generalized Development Plan ("GDP") prepared by Greeriway engineering dated .April 30, 2007 that will be. `approved as a; condition, of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area; the general location of the primary commercial street system and entrances on Martinsburg .Pike (U.S".. Route 11), the general, location of" the realigned private access drive serving the Easy Living Mobile Home Park, and, the.loeation of all zoning district buffers. The length of the primary commercial streetsystem identified in the .13�3, Zoning District area.may be. reduced without the need of a modified GDP for the Property. B:) Laud Use Restrictions 1. The Applicant hereby proffers to,prohibit the following land uses within the B-2, Business General District;portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 7Q.1 Organization Hotels and Lodging SIC, 704 Car Washes "SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreatioii Services Operated .Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No 'SIC Indicated 2. The Applicant hereby.proffers to; prohibit the following land, uses within the B-3, Industrial Transition District portion. of 'tile Property: Local and Suburban Transit :Motor Freight Transportation and WareliousiAg Transportation by Air Transportation Services Truck Stops Only: Automobile Recovery Service Automobile Repossession Service .Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational.,Services Operated Indoors SIC 41 ;SIC 42 SIC 45 SIC 47 "SIC 5541 SIC 7389 SIC 7389 SIC 75 :SIC 7832 SIC 7..9 File 4106331EAW 2 CJ Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May % 2007 Easy Living Associates Rezoning 3. The .Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies 'the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the. Property: B-2, General'BusinessDistrict. 30,000 . total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total. square.feet C.) Transportation, Enhancements 1. The .Applicant .hereby proffers to limit the number of entrances to the .Property `that intersect Martinsburg Pike (U.S. Route 11) to provide. for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to theprimaiy comrriercial street system in the general location indicated on the proffered- GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is. developed. Additionally,, the Applicant hereby proffers to provide a five-foot sidewalk along: the southwest side of the primary commercial street system. to the. private access drive: and a five-foot sidewalk. along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers., to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 as identified on. the proffered GDP, that will be identified. on the Site. Plan oil this portion, of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant. and shall be ,developed by others. 4. The Applicant. hereby proffers to' provide an additioiial 12-foot paved travel lade and shoulder along the entire frontage of theYroperty that will .be constructed in. conjunction with the, Site.Plan in which the average daily traffic volume of the cumiulative Site Plans exceeds 500 VPD`for the Property. S. The Applicant hereby: proffers to enter into: a signalization agreement. with the Virginia Department of'Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property: This signalization agreement: vsiill be executed with VDOT prior to first Site Plan approval for the. Fite #0633/EA1v 0 Greenway Engineering. September 15, 2006 Easy Living Associates Rezoning Revised March 21,;220,07 Redised.April 19, 2007 Revised April 30, 2007. Revised May 9,.2007 Property and will be, installed when warranted by VDOT. In the.event. that traffic signalization Is not warranted at, this intersection during the period of the signalization agreement, the Applicant agrees to allow'for the funding set.forth in the. signalization agreement to be utilized for traffic. signalization along the 'Martinsburg Pike corridor. If traffic signalization is warranted at. the subject Property after the transfer of these funds occurs, then the funding to, provide traffic signalization at the subject.Property� shall be provided by VDOT, Frederick County, or other,fund'hig,sources. 6. The Applicant hereby proffers. to provide a monetary contribution of $50;000.00 that may be applied towards fight -of -way acquisition,, engineering, or construction .costs to allow .for the development. of intersection improYdments 'at Martinsburg Pike with. Hopewell Road (Route 672) and Brucetow41.Road (Route 672). This 'monetary. contribution will 'be made to Frederick County within 90 days, of first Site Plan approval.. 7. The Applicant,hereby proffers to dedicate a ,10-foot rigl I it-o.f-way to VDOT along the, entire frontage of the Property on Martinsburg Pike (U.S. Route 1.1.). This dedication shall occur, prior to the first Site Plan approval:for the Property. 8. The Applicant hereby: proffers a reservation of right -of way on tax Asap parcel 44B-((1'))-6 that is 50 feet in width. and located witliin the defined 50-f6ot buffer area, as identified between Al and A.2 on the proffered GDP. The purpose of this reservation shall be for the. construction of a future, public street. system by others that will provide access:xo the adjoining parcels, along this portion of the Property. The, reserved. 50-foot right -of vaay shall. be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on .all plats and property deeds that are, impacted by the section of the proffer statement. 9. The Applicant. hereby proffers a reservation of'right-of-way, on tax map parcel 44-((1))-B and tax map_ parcel 44-((I.))-C, also owned by the Applicant; that:is 50' feet in. width and .located within the area identified between B I and B2 on the proffered GDP.. The purpom of this reservation shall be for the corstruction .of a future public street system by others which will .replace a portion, of the private. access drive- located on the two identified parcels: The reserved 507foot right=of- way shall be, dedicated to Frederick County Within 90 days .of written requestby the County: The. Applicant. `shall provide disclosure of this right-of-way reservation, and dedication on all plats a� d. property deeds:.that are, impacted by this section of the proffer statement.. File 1106331EAw 4 i Greenway Engineering' Septernber 15, 2006 Easy Living Associates Rezoning 'Revised March 21, 2007 Revised Aprii i8,,2007 Revised April 30, 2007 Revised,May .9i2007 D.) Site Design Controls The Applicant hereby proffers to provide a corridor enhancement, strip along the Martinsburg;Pike (U.S. Route 11) frontage .of the: Property that ,is: 20. feet in width and located on. the south side of the primary public street entrance adjacent to the Mfoot right-of-way dedication :specified in Section C(7.) ;above. This corridor enhancerneht strip will be developed in, substantial conformity with. the proffered Martuisburg Pike. Corridor Enhancement Exhibit prepared by Greenway Engineering dated April 30, 2007, which shall ,include a 10-foot wide .asphalt pedestrian trail, parking lot landscaping on. the west side of the pedestrian trail and deciduous flowering trees planted on 40=foot centers, low lying -shrubs and flowers on: the east side: of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under :Section. C(4) of this proffer statement. 2, The Applicaut,hereby proffers to limit. business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will. be limited to a maximum hei&t.of 15 feet and.1,00 square feet in each message face area, and two monument style signs .for ;the landuses on the B'_2..District portion of the. Property that.are each limited to a maximum height of 10 feet and 50 square feet in each message.face area as, an enhancement to the Martinsburg Pike corridor. I The Applicant hereby proffers to prohibit. the use of metal buildings, on the B-2 District portion of the Property and to utilize similar. construction themes- and building materials limited to brick, stone, false stone, split -face block, siiiiulated stucco, wood and glass on three sides of the primary land .use .structures within this portion of the.Property. 4, The Applicant hereby proffers to preserve. a 5040ot strip of the existing vegetation surrounding the north, east and, west. bouridaries. of the B-3 District - portion of:the� Property tobe utilized dse a full screen as, identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a 'single row of evergreen trees immediately adjacent to the 50-foot vegetation strip. that are a miriiixlum, of four feetin height and planted on 10-foot centers. The, 50.-foot vegetation strip will be field. located_ in. conjuiictio, with each Site Plant to allow the Planning Department to 'determine if additional evergreen trees are needed to achieve the function of a full screen. 5. The Applicant hereby proffem to establish a full buffer and screen..within the area identified on tax map parcel 44B-((1))-6, between the two black dots. and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and, screen shall contain an opaque element that is, six, feet in height, 64 'evergreen. trees that are a ininimum. of four feet in height at planting, -and 32 deciduous trees that are a File W6331EANV 0 • Greenway Engineering. September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April. 30, 2007 Revised May 9, 2007 ininirnum two=inch caliper at -planting (total of 4 trees. per 1.0.linear feet). This full buffer and screen shall be installed.in conjunction with the first Site Plan that is developed within the B-3 District portion of the Property: 6. The Applicant hereby proffers that the,. screening requirements identified in Sections D(4), and D(5) may be modified, upon the construction of `a public street by others,pursuant to Sections C(8) and C(9) of this Proffer Statement. E.) Monetary Contribution to Offset Impact of Development The Applicant -hereby proffers to provide. a h-idnetary contribution of $12,000.00 ($0,10 per proffered building square foot), of which $6,OQ0.00 is to be; for. the Cleazbrook. Volunteer,. Fire and Rescue Company and $6,000.100 is to, be for County Fire and Rescue services. The, inonetary contribution 'shall be made: payable to the -Frederick County Treasurer at the time' of issuance of the building permit for the; first Site Plan approved on the Property. File #t0633/FAw 6 E Greenway Engineering F.) Signatures September 15,2006 Revised March ' ., 212007 Revised Apr 1 9, 2007, H I .Revised April 3.0, 20,07 Revised May , 9j 2007 Easy Living Associates Rezoning The conditions proffered above shall be binding: upon the heirs, executors, administrators, assigns and successors in the interest of the, Applicant and -owner. In. the: event the Frederick County Board of Supervisors-, grants this: rezoning. and accepts the ,conditions, the proffered conditions .shall apply to 0 . ic lan&rezoned . in addition to other -requirements. set forth in the Frederick County Code., Respectfully Submitted - EASY LIVING ASSOCIATES. T— ..�-facob,-H.'-Yost; IiI,34anager Date Commonwealth of Virginia, City C.'q,,,OuntYbf To Wilt: The foregoing instrument was acknowledged before me this faldayof WaV 20_Q by JOW6 (4. Hanaaer-, Notary Public M Commission ission Expires F-6wnzu LR 2,CM' Y �j File #063YEAW AMENDMENT Action: PLANNING COMMISSION, April I8, 2007 - Reconimended Approval BOARD OF SUPERVISORS: May 9, 2007 U APPROVED ❑ :DENIED AN ORDINANCE AMENDING: THE ZONING DIS.TRICT.MAP REZONING #03-07 OF Easy LiVuig Associates WHEREAS, Rezoning-#0347 of Easy Living Associates,.submitted by Greenway Engineering, "to rezone 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres'frorn RA District to.B3 (Industrial Transition Business) District with proffers, for commercial uses;;was.cansidered. The properties are located on the west.side of Martinsburg Pike (Route.1.1);'approximately 600 feet north bf the Martinsburg Pike/Old Charles Town Road (Route. 761) intersection., in the Stonewall Magisterial District, and are identified by Property Identification Nurnbers 4.4-1-B,, 44B-1�-2, .44B-1-3., 44B-1-3A; 44B- -4 and 44B-1-6. WHERIEAS, the Planning Commission held a public Bearing on this rezoning on 1-lpril.18, 2007;:and WHEREAS, the Board of Supervisors held_a public hearing on thus rezoning on May 9, 2007; and WHEREAS, the. Frederick, County:Board 'of Stipezvisors.finc s the approval of this rezoning to be in the best interest., of the p' bile health, :safety, welfare, and in conforriiance with the .Comprehensive Policy Plan; NOW, THEREFORE, BE IT"ORDAINED by the Frederick County,Board of Supervisors that Chapter,165 of the. Frederick County Code, Zoning, is amended to revise the Zoning District Mai), to change 4.02 acres, from Ra (Rural Areas) District to B2, (General -Business) District, and 15, acres from RA District to B3 (Industrial Transition Business) District with proffers, for, commercial uses, as described by the application and plat subini°tted, subject fo the,attached conditions voluntarily proffered in wr tiiig`by the applicant and the property ownelrs. PI7Rm, 430-07' 0 0 This °orditiance shall be in effect on the date of adoption. Passed this 9th day of May, 2007 by the following recorded vote: Richard C. Shickle, Ghairalair Nay, Barbara E. Van Osten Aye Gary Dove Aye Bill MI-Eiving Aye Gene E. FisherAye Charles S. DcHaven, Jr. Aye 'Philip A. Leinieux. .Aye .A. COPY ATTEST Jolm ley, Jr. Frederick County Administrator PMes. t130-07 �il APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received /! Application #'` ' Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Westfield Business Park Master Development Plan 2. Owner's Name Easy Living Associates Jacob H. Yost, III, Manager 3. Applicant: Address: Phone Number: 4. Design Company: Address: (Please list name of all owners or parties in interest) Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone Number: (540) 662-4185 Contact Name: Evan Wyatt, AICP 5. Location of Property The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. 6. Total 19.027± acres Acreage: M M 7. Property Information a) Property Identification Number (PIN) : b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers North South East West f) Magisterial District: 44-((1))-B; 44B-((1))-2; 44B-((1))-3; 44B-((1))-3A; 44B-((1))-4; & 4413- ((1))-6 B2 District (4.021± acres) B3 District (15.006± acres) Vacant and Residential Commercial * Please see Sheet 2 of the MDP Property Uses Stonewall District 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: 3bo (C ( / l 'DT/ V CiN I Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.coftederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Easing Associates, Jacob H. Yost, III,Manager (Phone) (540) 662-9470 (Address) 2489-3 Martinsburg Pike, Stephenson, VA 22656 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 060016824 on Page Deed Book No. 626 on Page 8 10, Deed Book No. 664 on Page 818, Instrument No. 020008972 on Page Deed Book No. 903 on Page 244, Deed Book No. 659 on Page 693, and is described as Parcel: 44 Lot: B Block: 1 Section: Subdivision: Parcel: 44B Lot: 2 Block 1 Section: Subdivision _ Parcel: 44B Lot: 3 Block: 1 Section: Subdivision: _ Parcel: 44B Lot: 3A Block: 1 Section: Subdivision: Parcel: 44B Lot: 4 Block: 1 Section: Subdivision: _ Parcel: 44B Lot: 6 Block: 1 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) f ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision t. ❑ Site Planti" `-%�• ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) ham hereto set my (our) hand pd seal this /0 day ofaae4k, 200-g-, Signature(s) / State it inia, City/ o t of W-f 4 r1i r i c-L ,'To -wit: ' I, 1 leiA,";" ;.ei a. otary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Q day of 200 ('3. w 0� 9/'l My Commission Expires: Nolfry Public :r \� V O""Olmaw", � (Adjoining Property Owners Map Q K / \A C GG� �dy Sh ac F 4] d� s1 1 F Feet 300 150 0 300 600 5 L 8 15 LJ 10 12 ?� �O 14 / CW Q� v 17 22 C19 F181 20 Legend F 1 T Parcel Boundaries Subject Parcels 761 0 Adjoining Parcels cc W W Z ZN W m 9 N N � 9 ^y 7 G W d" q W [� cc T tl C a 7 o w� k a. G Cn � W Cc LV W Z Q pw 0 cn U Q QLLJ � c Z W 0 C3 j 0 Z Q U W Z 0 Q w 0 tZ Q F- U m o � w � w U) 0 Z 0 LD U) Q z J Er o Q } CD U) >- w � z o Q Cc W O w m z Q Q Z ai w Q w o m cf) z z w0w7 w ia w O z T_ w Oo r U p Q � Cf) c N 6i di J 0 U) tap Data Source: Frederick County, Va. GIS Department, 2007 Data Adjoining Property Owners March 2007 Easy Living Associates Commercial Center File 0633 Number 1 Tax Map Number 44 1 C Owner EASY LIVING ASSOCIATES Address City & State ZIP Zoning Land Use Acreage Deed Book Page Instr_Year Instrument Land Improvement Total Value 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 MI-11 39 29.49 468 634 0 0 $750,000.00 $720,000.00 $1,470,000.00 3 44 1 D PAYNE, O. L. & RUTH B. 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 M1 4 8.82 468 629 0 0 $270,000.00 $0.00 $270,000.00 4 44 1 A SIMKHOVITCH, RONALD S. & PO BOX 160 STEPHENSON, VA. 22656 M1 4 18.19 381 225 0 0 $296,500.00 $380,100.00 $676,600.00 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A & WAMPLER'S MOBILE HOMES 2929 VALLEY AVE 2648 MARTINSBURG PIKE WINCHESTER, VA. STEPHENSON, VA 22601 22656 RA RA 2 2 4.08 546 527 0 0 $71,500.00 $375,700.00 $447, 000.00 6 44B 1 12B SIMKHOVITCH, RONNIE S JR 2601 MARTINSBURG PIKE STEPHENSON, VA 22656 RA 2 1.33 2.17 927 870 1092 0 0 $90,600.00 $180,600.00 $271,200.00 584 0 0 $51,000.00 $125,300.00 $176,300.00 7 8 44B 1 12A 446 1 12 0 0.36 0 0 0 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 9 10 44B 1 11A 44B 1 11 DYE, JANET S PO BOX 356 STEPHENSON, VA 0 22656 RA 2 0.78 0.38 0 2007 2760 $54,000.00 $163,400.00 $217,400.00 0 0 0 2002 0 7205 $0.00 $51,000.00 $0.00 $142,200.00 $0.00 $193,200.00 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON, VA. 0 22656 RA 2 0.38 0.38 12 13 44B 1 44B 1 9 9 0 0.33 0 0 0 $0.00 $0.00 $0.00 0 882 0 0 0 0 $0.00 $51,000.00 $0.00 $112,500.00 $0.00 $163,500.00 14 446 1 8 SIMMONS, ANN H. & C/O DAVID HIETT 2543 MARTINSBURG PIKE STEPHENSON, VA. 0 22656 RA 2 0.82 0.77 583 15 16 144 44B 1 7 A 50 CAMPBELL, STEPHANIE J CUTSHAW ENTERPRISES, L C 2537 MARTINSBURG PIKE STEPHENSON, VA 22656 RA 2 0.77 0 2002 14982 $50,000.00 $90,100.00 $140,100.00 17 44 A 49 SHANHOLTZ, DAVID L ET ALS PO BOX 2337 WINCHESTER, VA 22604 M1 4 3.62 849 1335 0 0 $179,000.00 $650,500.00 $829,500.00 0 2002 13194 $69,000.00 $96,500.00 $165,500.00 18 44 A 48 MCKEE, JANNEY T. & C/O MOULDEN, MELVIN 830 OLD BETHEL CHURCH RD WINCHESTER, VA 22603 RA 2 1.55 19 44 A 48A THARP, SHARON M 932 ALLEN DR WINCHESTER, VA. 22601 1 RA 2 2.53 0 0 0 $17,800.00 S0.00 $17,800.00 20 44 A 47 CAMPBELL, BEVERLY L & GARLAND L SR 1855 SENSENY RD 114 WINDING RIDGE LN WINCHESTER, VA WINCHESTER, VA 22602 22603 RA RA 2 0.63 904 976 0 0 $51,000.00 $0.00 $51,000.00 1252 0 0 $36,000.00 $0.00 $36,000.00 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603 RA 2 2 0.75 2.62 965 0 22 44B 1 1 DT SHIRLEY PROPERTIES, LLC 2455 MARTINSBURG PIKE STEPHENSON, VA 22656 RA 2 0.90 0 2005 2006 12933 19976 $113,000.00 $40,000.00 $186,500.001 $0.00 $299,500.00 $40,000.00 3/10/2008 Source: Frederick County GIS Department, March 2007 1 of 1 MASTER DEVELOPMENT PLAN #02-08 WESTFIELD BUSINESS PARK Staff Report for the Planning Commission Prepared: March 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Planning Commission: 04/02/08 Board of Supervisors: 04/23/08 Action Pending Pending LOCATION: The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-13, 44B-1-2, 44B-1-3, 44B-1-3A, 4413-1-4 and 4413-1-6 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) and B3 (Industrial Transition) Use: Residential and Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M1 (Light Industrial) Use: Residential RA (Rural Areas) Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential/Vacant West: MHl (Mobile Home District) Use: Mobile Home Park PROPOSED USE: Commercial Uses (120,000sf maximum per proffer) MDP #02-08, Westfield Business Park • March 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Route 11, the VDOT facility which would provide access to the property. VDOT offers the following comment: The overlay detail should reference the revised WP-2 detail dated November, 2007. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plans approved as submitted. Frederick County Public Works: Your submittal of a wetlands study for the subject project has adequately addressed our review comments dated December 26, 2007. Therefore, we can grant our approval of the subject master development plan. Frederick County Inspections Department: No comment required at this time. Frederick County Sanitation Authority: 1 St review. Correct & resubmit — 2 items. 2" a review — Approved. GIS Department: Westfield Court has been approved and added into the system. Structure numbering will be assigned during the permit construction phase of development. Winchester Regional Airport: The Master Development Plan was reviewed and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surface. 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. MDP #02-08, Westfield Business Park • .March 17, 2008 Page 3 B) Location The subject properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. Therefore this Master Development Plan is in accordance with the Comprehensive Policy Plan. Transportation The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. With the rezoning for this property the applicant proffered to construct a new 12 foot lane on Martinsburg Pike along the frontage of their property as well as enter into a signalization agreement with VDOT to fund a signal for their entrance. The applicant also proffered to provide a ten foot asphalt pedestrian path along the frontage of the site along Martinsburg Pike, which is shown on the MDP. Site Access The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that one public street entrance and one commercial entrance shall be permitted on Martinsburg Pike from the property. Pro ers — Dated September 13, 2006, Revised May 9, 2007 (See Attached Proffer Statement) MDP #02-08, Westfield Bus0iss Park March 17, 2008 Page 4 . STAFF CONCLUSIONS FOR THE 04/02/08 PLANNING COMMISSION MEETING: The master development plan for the Westfield Business Park depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Therefore, the preliminary Master Development Plan for the Westfield Business Park is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan. x 0 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 31, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #02-08 OF WESTFIELD BUSINESS PARK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, April 9, 2008 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 #02-08 for Westfield Business Park, submitted by Greenway Engineering, for Commercial Uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, and are identified with Property Identification Numbers 44-1-B, 4413-1-2, 4413-1-3, 4413-1-3A, 4413-1-4 and 4413-1-6 in the Stonewall 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, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 y - ?.*0 • 0 This is to certify that the attached correspondence was mailed to the following on '3.. 2. L_ p� from the Department of Planning and Development, Frederick County, Virginia: - -- - - - - - 44B -1- - 8- - 44 -1- - B- SIMMONS ANN H. EASY LIVING ASSOCIATES CIO DAVID HIETT 2499.3 MARTINSBURG PIKE 2543 MARTINSBURG PIKE STEPHENSON VA 226561746 STEPHENSON VA. 22656.1718 j Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 44B - 1- - 12-C PINCHOT NICHOLAS PINCHOT BRENDA S 2613 MARTINSBURG PIKE STEPHENSON VA 44B - 1- - 12-B SIMKHOVITCH RONNIE S JR 2601 MARTINSBURG PIKE STEPHENSON VA 44B -1- - 11-A DYE JANET S 22656.1708 22656.1708 PO BOX 356 STEPHENSON VA 22656.0356 44B - 1 - - 10-A PYNE DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON VA. 22656.1718 STATE OF VIRGINIA COUNTY OF FREDERICK 44B - I. 8-A - - -- SIRBAUGH ELOISE R 2547 MARTINSBURG PIKE STEPHENSON VA 22656.1718 44B -1- - 7 -- - CAMPBELL STEPHANIE J 2537 MARTINSBURG PIKE STEPHENSON VA 22656.1718 44B 1- - 1 - - - DT SHIRLEY PROPERTIES LLC 2.455 MARTINSBURG PIKE STEPHENSON VA 22656-1756 44 -1- - A._ SIMKHOVITCH R )NALD S. & 2929 VALLEY AVE WINCHESTER VA. 22601.2631 Candice E. Perkins, Senior Planner Frederick County Planning Dept. I, ? a r,` At_ , , a Notary Public in and for the State and County aforesaid, do h by certify that Candlee E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated�. (�bE , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 3 day of :A�Agl�IC CZ&-�9 My commission expires on NOTARYP15BLIC 44 - 1- - D- • PAYNE 0. L. & RUTH B. PO BOX 160 STEPHENSON VA. 22.656.0160 44 - A- - 50- CUTSHAW ENTERPRISES L C PO BOX 805 MORGANTON NC 28680 44 - A- - 49- SHANHOLTZ DAVID L ET ALS 830 OLD BETHEL CHURCH RD WINCHESTER VA 22603.3641 44 - A- - 48-A THARP SHARON M 1855 SENSENY RD WINCHESTER VA 22602.8905 44 - A- - 48. MCKEE JANNEY T. CIO MOULDEN MELVIN 932 ALLEN DR WINCHESTER VA. 22601-5830 44 . A• . 47. CAMPBELL BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER VA 22603.1646 44 • A. - 43. BISHOP GREGORY A AMARI THOMAS 285 BOGGESS IN WINCHESTER VA 22603.4065 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 21, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #02-08 OF WESTFIELD BUSINESS PARK On behalf of the Frederick County Planning Commission, you are hereby .notified of a public meeting being held on Wednesday, April 2, 2008 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 #02-08 for Westfield Business Park, submitted by Greenway Engineering, for Commercial Uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, and are identified with Property Identification Numbers 44-1-B, 44B-1 -2,44B-1-3, 44B-1-3A, 44B-1-4 and 44B-1-6 in the Stonewall 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, t Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to cy that the attached correspondence was mailed to the following on Ml%b e from the Department of Planning and Development, Frederick County, Virginia: Y g ( - 44B - 1- - 8- 44 1 B• SIMMONS ANN H. EASY LIVING ASSOCIATES CIO DAVID HIETT 2499 3 MARTINSBURG PIKE 2543 MARTINSBURG PIKE STEPHENSON VA 22656.1746 ij STEPHENSON VA. 22656.1718 — ' 44B - 1- - 8-A SIRBAUGH ELOISE R Greenway Engineering 2547 MARTINSBURG PIKE 151 Windy Hill Lane STEPHENSON VA 22656.1718 — Winchester, VA 22602 44B -1- - 7. - l CAMPBELL STEPHANIE J 44B - 1- - 12-C PINCHOT NICHOLAS PINCHOT BRENDA S 2613 MARTINSBURG PIKE STEPHENSON VA 44B -1- - 12-B SIMKHOVITCH RONNIE S JR 2601 MARTINSBURG PIKE STEPHENSON VA 44B 1- - 11-A DYE JANET S 22656.1708 22656.1708 PO BOX 356 STEPHENSON VA 22656.0356 44B - 1- - 10-A PYNE DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON VA. 22656.1718 STATE OF VIRGINIA COUNTY OF FREDERICK 2537 MARTINSBURG PIKE STEPHENSON VA 22656-1718 44B -1- - 1- DT SHIRLEY PROPERTIES LLC 2455 MARTINSBURG PIKE STEPHENSON VA 22656.1756 44 -1-- A.- SIMKHOVITCH RONALD S. & 2929 VALLEY AVE WINCHESTER VA. 22601.2631 Candice E. Perkins, Senior Planner Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do eby certify that Candice . Perkins, Senior Planner for the Depa ment of Planning and Development, whose name is signed to the foregoing, dated 31M ® 9/ , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this cx I day of oZ d� O My commission expires on 3� t/1 fiEVEr?LY 11 DCL�IfVGEIt NOTARY ID 331373 COMMONWEA 7HU13 IY MY COMMISSION FXPU2ESOJU YI31,1gp' p _._., .. _.. Z_zeG i d NOTARY POLICi 44 -1• - D• � • PAYNE 0. L. & RUTH B. PO BOX 160 STEPHENSON VA. 22656.0160 44 - A- - 50- CUTSHAW ENTERPRISES L C PO BOX 805 MORGANTON NC 28680 44 - A- - 49- SHANHOLTZ DAVID L ET ALS 830 OLD BETHEL CHURCH RD WINCHESTER VA 22603.3641 44 - A- - 48-A THARP SHARON M 1855 SENSENY RD WINCHESTER VA 22602.8905 44 - A- - 48- MCKEE JANNEY T. CIO MOULDEN MELVIN 932 ALLEN DR WINCHESTER VA. 22601.5830 44 - A- - 47- CAMPBELL BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER VA 22603.1646 44 - A. - 43. BISHOP GREGORY A AMARI THOMAS 285 BOGGESS LN WINCHESTER VA 22603.4065 � P 0c; t 44- 1-�V�4qB -Z�� �YB Adjoining Property: PARCEL ID NUMBER USE c.lc��-1- I�� ✓ LALi Uy-1- RA 1 I UO/. L+q -A - 44 - -" 4-t A-"s TO:BARBARA-DATA PROCESSING H BEV - PI ning Dept. print sets of labels by 13 - THANKS! ZONING 00 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-535-1828 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: EasyLiving iving Commercial Center Location of property: Martinsburg Pike Virginia Department of Transportation's Comments: See attached email from VDOT to Greenway Engineering dated January 7, 2008 Easy Living Commercial VDOT Comments to MDP 00. Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Monday, January 07, 2008 3:21 PM To: Evan Wyatt Cc: Ingram, Lloyd; Eric Lawrence Subject: Easy Living Commercial Center - VDOT Comments to MDP The master development plan for this property appears to have significant measurable impact on Route 11, the VDOT facility which would provide access to the property. VDOT offers the following comment: The overlay detail should reference the revised WP-2 detail dated November, 2007. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to'comment. <<SCN_20080107151815_001. pdf>> Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 1/8/2008 "„ .. ,..) K.A.,01,10 Freddock d®unty Dire end R se a '� `.k� Department Office of this Fire Marsha! Plan Review .,nd Comments Control number Date received Date reviewed Date Revised MDP07 - 0 013 11/16/2007 11 /26/2007 Project Name Applicant Easy Living Commercial Center Greenway Engineering Address City State Zip Applicant Phone 151 Windy Hill Ln. Winchester VA 22602 540-662-4185 Type Application Tax ID Number Fire District Rescue District Master Development 44B-1-6, etc. 13 13 Current Zoning Election District B3 Recommendations Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System Yes Yes No Other recommendation Requirements Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Adequate No Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Plan Approval Recommended Reviewed By Signature Yes J. Neal Title -- -- .�_ - ----- .. El w Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 February 28, 2008 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RE. Master Development Plan for Easy Living Associates Commercial Center Frederick County, Virginia Dear Evan: Your submittal of a wetlands study for the subject project has adequately addressed our review comments dated December 26, 2007. Therefore, we can grant our approval of the subject master development plan. HES/rls cc: Planning and Development file Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works FEB 2 9 2008 U:\RSARGENTRiHONDA\TEMPCOMMENTS\EASYLIVINGASSOCCOMCTRMDPCOM.DOC 0(D33 I W-C.J 107 North Kent Street • Winchester, Virginia 22601-5000 •0 •0 Request for Master Development Plan Comments Frederick County Inspections Department RECEIVED Mail to: Hand deliver to: Frederick County Inspections Department TT NOV 16 2007 Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA FREpERIEK000N11t . P11BUCWORK &IN Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name: Greenway En ineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Easy Living Commercial Center Location of property: West side of Martinsburg Pike, approximately 600' north of the Martinsburg Pike/Old Charles Town Road intersection Frederick County Inspectio s Department'sn omments- Frederick County Inspections use only Date reviewed Review Number 12 3 Date reviewed Date ap roved Signature and Date 5 (please circle one) Revision required o F1 T �f DEC 2 2007 By08�J a. Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5614 (540) 665-5614 The GIS Department will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Easy Living Commercial Center Location of property: West side of Martinsburg Pike approximately 600' north of the Martinsburg Pike/Old Charles Town Road intersection GIS OFFICE USE ONLY: Date reviewed Incomplete Date reviewed, N Signature and Date Date revision received Incomplete Date approved Date approved Revision required L-, EB 06 2008 1,J 00 •• 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, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Plumber 540-662-4185 Name of development and/or description of the request: Easy Living, Commercial Center Location of property: West side of Martinsburg Pike approximately 6D0' north of the Martinsburg Pike/Old Charles Town Road intersection Frederick County Sanitation Authority's Comments: Frederick County Sanitat(oyuthority use only Date reviewed Review Number 1 2 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date 0 HTM DEC s 7 MV Me's I orbs !ES THE DIMENSIONAL AND INITY REQUIREMENTS ND INDUSTRIAL TRANSITION CTS: B2 B3 ARY 50 50 ECTOR 35 35 0 15 0 15 :0 (FAR) 1.0 1.0 15 25 E v%'N N[.Ii.ili::' 35* 36 i�REID'dL�F� 3 ION 165-24B(6) OF THE FREDER TCI 'b6 "Cb VTER L'�I4.I;i.LI �!.'��Y L C��ia Ji: �[I'�� ✓ O ITEN-IS OCo ?r dA DA TE Project Number: 0633 Date of Plan: (Month, Day, Year) OCTOBER 27, 2007 Address, Including Zip Code & Telephone No. 101 LEE STREET WINCHESTER, VA 22601 (540) 662-3486 W UJy s E-, .J Zmemo U 0- 4 01, L�/1 ,—,_ > � Q 0 l UU `. cc�. 1 rW W Q w Q E-4 may= C0 a W DATE: OCT. 27, 2007 SCALE.- NO SCALE Address, Including Zip Code & Telephone No. 101 LEE STREET DESIGNED BY: AH/MH WINCHESTER, VA 22601 (540) 662-3486 FILE NO. 0633 Address, Including Zip Code & Telephone No. 151 WINDY HILL LANE SHEET 01 OF 4 WINCHESTER, VA 22602 (540) . 662-4185 _0T-114_ •• ft Request for Master Development Plan 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, Virginia 22602 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copies of the MDP with the sheet. Applicant's Name Address Phone Number Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Easy Living Commercial Center Location of property: West side of MartinsburgPike, ike approximately 600' north of the Martinsburg, Pike/Old Charles Town Road intersection Winchester Regional Airport Comments: Winchester Regional Airport use only Date reviewed Review Number 12 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date ti ft �y+ SERVING THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT December 6, 2007 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Master Development Plan Comment Easy Living Commercial Center Stonewall Magisterial District Dear Mr. Wyatt: We have reviewed the proposed Master Development Plan and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director � DEC 1 0 2007 r •• •• January 2, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Preliminary Review Comments for Easy Living Commercial Center Master Development Plan Property Identification Numbers (PINS): 44-1-B, 44B-1-2, 4411-1-3, 44B-1-3A, 44B-1-4, 44B-1-6 Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Easy Living Commercial Center. Staff s review comments are listed below for your consideration. 1. Property Lines. On sheet 2, all property lines need to be shown. 2. Proffers. The GDP needs to be included on the proffer sheet. 3. Maximum Square Footage. The maximum square footage proffered with the rezoning should be shown on the coversheet. The trip generation data accounts for 120,000sf, but does not provide a square footage for the "mart" that would go with the gas station. 4. ROW Dedication and Bike Trail. The portion of property directly north of Easy Street needs to be revised to show the ten foot ROW dedication and the bike trail. 5. Interparcel Connection. A note should be provided on sheet 2 in regards to Interparcel connection to the property to the north of Easy Street. Should these properties cease to be used for residential purposes and the buffer is no longer required, an Interparcel connection so these properties can access Easy Street should be provided to decrease the number of entrances on Martinsburg Pike. 6. Existing Access Road. This MDP does not implement Proffer C2, which stated that the existing access road serving the. mobile home park would be relocated to the primary commercial street. 7. Future Road. Proffers C8 and C9 are not accounted for on sheet 2 of the MDP. A note should be provided that references the detail on sheet 3. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 . . N N Evan Wyatt; Greenway Engineering Easy Living Commercial Center MDP January 2, 2008 Page 2 8. Zoning District Buffer. The area north of Easy Street which is shown with a buffer should be modified to include the trees along Martinsburg Pike, with the bicycle path behind the trees and the zoning district buffer beginning behind the trail. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, all review agency comments and review fee, to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Health Department, Frederick County Parks & Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Senior Planner Attachment CEP/bad Frederick County, Easy Living Associate CLtFNr: Easy Living Asgociat�3:s. C1Q Rocky Yost 101 Lpe Wiricne'st V, 2; Report Date: January 11, 2008 GE project Numberr 0633 Wetland Delin*n Report JAry 11, 2008 The Easy Living Associates property consists of approximately 19 +-i- acres bordered by Rt. l I (Martinsburg Pike) and residential homes to the east and north, and a mobile home park to the south and west. The site is located within the USGS 7.5 minute, Stephenson, VA quadrangle in Hydrologic Unit Code # 020700(14, Conococheague-Opequon Watershed. The geographic center coordinates are: 39*14'8"N Latitude and 78*6*53"W Longitude and "fax Map #'s 4413-1-1, 4413-1-3A, 4413-1-3, 4413-1- 4, 44-1-B, and 44-1-6. The terrain of the property consists of gently sloping areas. The property currently consists of wooded areas and dense non -maintained understories with shrubs and vines. There are structures on the property consisting of single family houses. There are no streams or ponds depicted on the USGS quadrangle map. Easy Living Associates is the owner of 19.02± acres of land in Frederick County, Virginia. The subject property acreage is comprised of six parcels that are located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. The subject property adjoins residential land use on all sides with some minor commercial and office land use on the opposite side of Martinsburg Pike. The Frederick County Board of Supervisors conditionally zoned the subject property on May 9, 2007. which established 4.02± acres of B2, Business General District area and 15.0± acres of B3, Industrial Transition District area. The Frederick County Board of Supervisors adopted a Generalized Development Plan for the subject property as a condition of rezoning approval, which establishes the location of the commercial land bay areas, road infrastructure and buffer and screening areas. (Please refer to the attached Easy Living Commercial Center Generalized Development Plan.) Additionally, Easy Living Associates has limited the land development activities to 30,000 total square feet within the B2 District area and 90,000 total square feet within the B3 District area. The projected land uses include a convenience store with gasoline pumps, fast food with drive through service, retail space, office space and self-service storage facilities. Easy Living Associates Property, Frederick County Virginia Wetland Delinon Report JAW 11, 2008 This section entails the background research and review of recorded data pertaining to the subject property. Resources include but are not limited to the following: a Frederick County Soil Survey, 1.987, Natural Resources Conservation Service a U.S, Geological Survey (USGS) Topographic Map, Stephenson Quadrangle, revised 1987 a U.S, Fish and Wildlife Service (USFWS), National Wetlands Inventory Maps, The Frederick County Soil Survey shows that the property is underlain mostly by the following soil series: Frederick-Poplimento and Swimley. The NRCS does not classify any Frederick County soil series as being hydric. Elevations range from approximately 645 feet above sea level in the western portions of the property to approximately 625 feet above sea level near the center of the property. The National Wetlands Inventory map does not depict any wetlands or waters on the property. The wetlands and waters of the U.S. delineation was done using the Wetland Routine Determination Method as outlined in the 1987 Corps of Engineers Wetland Delineation Manual. The property was evaluated by determining different vegetative communities through the use of baselines and transects. Soils were evaluated using a soil "dutch" auger, Plant dominance was determined by identifying the vegetation within a certain radius of the data point. A 30' radius was used for trees and woody vines and a 5' radius was used for herbaceous plants, saplings and shrubs. Easy Living A8sociales Property, Frederick County Virginia 1. Wetland Delin*n Report Jury 11, 2008 Fieldwork was conducted during January 2008 using the Wetland Routine Determination Method as outlined in the 1987 Corps of Engineers Weiland Delineation Manual. The field visit showed no evidence of wetlands or waters of the U.S. on the property. There were two data points completed for the entire property, there was no evidence of hydric soils, wetland vegetation or wetland hydrology. Please find attached the data points, an aerial map showing approximate locations of the data points and other informative maps. Also, attached are photos showing a representative area of the data points (see Appendix $ for photo log). There were no suspect wetlands features, stream channels, ponds or similar Waters of the U.S. noted onsite. Please contact me at 540-662-4185 to schedule a site visit at your earliest convenience. Thank you. Easy Living Associates Property. Frederick County Virginia Wetland Definew Report jaw 11, 2008 APPENDIX "Wl WETLAND DATA SHEETS Easy Living Associates Propenry Frederid Couno,, lirginia Easy Living Associates Propertv, Frederick County Virginia Wetland Delin� Report J4ry It, 2008 APPENDIX "B" P140TO LOG Easy LMxg.4sxociAd^ PropenT Frederick County, Virginia Easy Living Associates Property, Frederick County Virginia Wetland Deiin* Report J*q 11, 2009 Photograph 1: Data Point #1 Photograph 2: Data Point #2 Easy Living A.rsociarer Property, Frederick County Ywgln a Wetland DefinWn Report ilery 11, 2008 APPENDIX "C' APPROXIMATE LOCATION OF DATA POINTS Easy Liring,ls.wdatev Nopertr Frederick County. f Irginia 1. Aerial Overview with Approximate l.AHWi0n of Data Points Easy Living Associates Property, Frederick C. Virginia Wetland. Definl&n Report Jory 11, 2009 PENDIX "U) MAPS ',-atr I./f*9 A ffock/ei hWerq, fre4erk-k Count y, Virginia 1. Aerial Map 2. Aerial Map with Photo andTopo 3. 1950*s Aetial 4. 1960's Aerial 5. 1990's Aerial & USGS Map 7. Soils Map S. NWI Map 9. Floodplain Map Easy Living Associatew Prqperjy, Frederick County Virginia 'm Aerial Overview With 5 Ft. Contours 0 Le end Subject Parcels 5 ft. Contour Lines Parcel Boundaries Feet 300 150 0 300 GREENWAY ENGINEERING I r ,r USGS Quad Map ��'� • !� i + `+ti. Yuma 7 Aft tOP •'' �' s r Legend r��Oo COSubject Parcels A, 6A ell Feet 300 150 0 300 GREENWAY ENGINEERING i ,e ••. SOY m���inyr��n� �J;,J =fd. F1�UF'N)GSPOPI.WiMt)AONRb.l TUTOEPCFf1T 9lOPF5 j Feet "�7dJ/65 I." ;e_ ,�1)aC.fRE#RXx.hU61R4#1TO lO5YY. )T018 REACfM BIOc'E$ �---tJl"".cAf.�FsexMs'4�ib.nlAIK�SVCM OINCAOP LCMrZLX. a Tn)bY W-' rAO✓ES SMI�lEY 00 300 15O 30 JW :A! ilB 8AT i.NsM.i TU TGC'NGENT 6LUPES �mm EASY UVING ASSOCIATES GREENWAY ENGINEERING . Yruorm.w. wrfr,. xar ;. sfa fw sec oar 5.«r..ar+-sl5a u a < � SOILS MAP STONEWALL MAGISTERIAL_ DISTRICT FRE ERICK COUNTY, VIRGINIA NWI Map h ngg R C$$ i L q� 9 0/d hal end rie Z. Feet s Tohh NWI Wsna,wk Rh, 300 150 0 300 s°t Pa ca s m EASY LIVING ASSOCIATES NN MAP GREEMAY ENGINEERING _. STONEWALL MAGISTERIAL DISTRICT FA DERI K I.NdTY. VtR INIA � w FAX1ffid•1�a t� O '. wrE.1%�rse-o/-tio vcr�ECT lo: orb aESica+En av, 4wE: *'�.,„„" „�, «•,R.b.A...r�w.� �c SCALE:I e3W IaN _....._ _.._ .. _..... ... ___ i • Floodplain Map • Legend � SWle:t Part�iS Feet 300 150 0 300 GREENWAY ENGINEERING w V Ayiwar+ A'MR taro Ww.nv..nen ww p�vawlry �e . DATA FORM ROUTINE WETLAND DETERMINATO (1987 COE Wetlands Delineation Manual) Project/Site: Easy Living Date 01/04/2008 Applicant / Owner: Easy Living Associates County Frederick Investigator: SJW 8 ARM State Virginia Do Normal Circumstances exist on the site? ®Yes ❑ No Community ID Upland Is the site significantly disturbed (Atypical Situation)? ❑ Yes No Transect ID N/A is the area a potential Problem Area? (a ne®dw, expnam on reverse) ❑ Yes ® No Plot tD 0P1 Explanation of atypical or problem area: VF(t1=TAT1nN Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Lonicera japonica V FAC- Comus fianda T FACU- Mmus ruhra T FAC Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 3 3% Hydrophytic vegetation present? ❑ Yes ® No Rationale for decision/Remarks: ® Less than 50% dominance of hydrophytic plant species. ❑ Greater than 50% dominance of hydrophytic plant species. HYDROLOGY ORecorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS ❑ Stream, Lake, or Tide Gauge Primary indicators: Aerial Photographs ❑ Inundated ❑ Other ❑ Saturated in Upper 12 Inches ❑ Water Marks ❑ No Recorded Data Available ❑ Drift Lines ❑ Sediment Deposits FIELD OBSERVATIONS ❑ Drainage Patterns in Wetlands Depth of Surface Water N/A Seconds Indicators (2 or more Required): [8 Oxidized Root Channels in Upper 12 Inches ❑ Water -Stained Leaves Depth to Free Water in Pit N/A ❑ Local Soil Survey Data ❑ FAC-Neutral Test ❑ Other (Explain in Remarks) Depth to Saturated Sal WA Wetland hydrology present? El Yes ® No Rationale for decisionfrematks. ® No indicators of wetland hydrology. Sufficient evidence of wetland hydrology. ' Project Name: Easing Associates Community ID: Upla Plot ID: DPI SOILS Map Unit Name (Series and Phase): Fregerick Popwnento- mock Outcrop e Class: Well -drained Taxonomy (Subgroup): Clayey, mixed, mesic Typic Paleudults; Fine, mixed, mesic Uttic Ha ludaits Mapped Type? ' Field Observations Confirm Ma ❑ YES E NO PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions, inches Munsell Moist Munsell Moist Abundance/Contrast Structure, etc. 0-I A 10YR 313 N/A N/A Clay loam 1-13 B 7.5 YR 416 N/A N/A Clay loam HYDRIC SOIL INDICATORS: ❑ Histosol ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content in Surface Layer in Sandy Soils ❑ Suifidic Odor ❑ Organic Streaking in Sandy Soils ❑ Aquic Moisture Regime ❑ Listed on Local Hydric Soils List ❑ Reducing Conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or Low-Chroma Colors ❑ Other (Explain in Remarks) Hydric soils Present? Cl Yes ® No Rationale for decision/Remarks: ® Chroma of 2 or greater without mottles. ❑ Chroma of 2 with mottles ❑ Chroma greater than 2 with mottles. ❑ Chroma of 1 with or without mottles Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? ❑ Yes ® No Is this Sampling Point Within a Wetiand? ❑ YES ® NO Wetland Hydrology Present? ❑ Yes ® No Hydric Soils Present? ❑ Yes ® No DATA FORM - ROUTINE WETLAND DETERMINATION Page 2 • DATA FORM ROUTINE WETLAND DETERMINATE (1987 COE Wetlands Delineation Manual) Project/Site: Easy Living Date 011W2008 Applicant / Owner: Easy Living Associates County Frederick Investigator: SJW & ARM State Virginia Do Normal Circumstances exist on the site? ®Yes ❑ No Community ID Upland Is the site significantly disturbed (Atypical Situation)? ❑ Yes 0 No Transect ID NfA Is the area a potential Problem Area? (ir needed, explain on reverse) ❑ Yes ® No Plot ID DP2 Explanation of atypical or problem area: VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Lonicera japonica V FAC- Carya glabra T FACV- Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): C) Hydrophytic vegetation present? ❑ Yes ® No Rationale for decision/Remarks: ® Less than 50% dominance of hydrophytic plant species. [} Greater than 5M. dominance of hydrophytic plant species. HYDROLOGY ❑Recorded Data (Describe in Remarks) ❑ Stream, take, or Tide Gauge 2 Aerial Photographs ❑ Other No Recorded Data Available FIELD OBSERVATIONS Depth of Surface Water Depth to Free Water in Pit Depth to Saturated Soil Other (explain): Wetland hydrology present? Rationale for decisionlsemasks: WETLAND HYDROLOGY INDICATORS Primary Indicators: ❑ inundated ❑ Saturated in Upper 12 Inches ❑ Water Marks ❑ Drift Lines ❑ Sediment Deposits ❑ Drainage Patterns in Wetlands N/A Seconda Indicators (2 or more Required): Oxidized Root Channels in Upper 12 inches ❑ Water -Stained Leaves N/A ❑ Local Soil Survey Data ❑ FAC-Neutral Test N/A ❑ Other (Explain in Remarks) ❑ Yes 9 No No indicators of wettand hydrology. Project Name; Ea0ving Associates Community ID, Upl� Plot ID: DP2 enu c Map Unit Name (Series and Phase): 14C - Frederick Popiimento loams Drainage Class: Well -drained Taxonomy (Subgroup): Clayey, mixed, mesic Typic Paleudufts; Fine, mixed, mesic Uttic H ludalfs Field Observations Confirm Mapped Type1 ❑ YES 0 NO PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions, inches Munsell Moist Munsell Moist Abundance/Contrast Structure, etc. 0-12 A 7.5YR 516 N/A N/A Clay loam HYDRIC SOIL INDICATORS: ❑ Histoso! ❑ Concretions ❑ Histic Epipedon ❑ High Organic Content in Surface Layer in Sandy Soils [j Suffidic Odor ❑ Organic Streaking in Sandy Soils ❑ Aquic Moisture Regime ❑ Listed on Local Hydric Soft List ❑ Reducing Conditions ❑ Listed on National Hydric Soils List /t\ GREENWAY ENGINEERING %147 151 Windy Hill Lane ivunded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Westfield Business Park Master Development Plan File No: 0633 Date March 10, 2008 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Candice - Please find the Master Plan filing materials listed below attached for your review and distribution. *MDP Application & Fee check #2741 for $3902.00 * 1 copy each of the review agency comments from: VDOT, Public Works, Inspections, GIS, Fire Marshal, FCSA, Airport, & Planning * 1 copy of the Wetland Delineation Report *70 copies of Adjoining Property Owners List *70 copies of the Master Development Plan, revision date 3n12008 Feel free to give me a call with any questions or concerns. Thank you. Evan Hand Delivery and Pick Ups Only: Received By: Date: h Please Print Name: 2003 Document Approval Form - PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candic� \ �� Angie Mark Dana Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time):5 U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 MAR 3 1 2008 cylu �aJl 016H26508243 $ 00.410 03/ 21/2008 Mailed From 22601 US POSTAGE 44 - A- - 48-A THARP SHARON M 1855 SENSENY RD WINCHESTER VA 22602.8905 NIXIE 201 DE 1 00 03/26/00 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD ry �,,,,,, �t��} BC: .22601'500099 *3017-063.25—.21-34 i .Lvi ikil01;2 1))111111 J I I I I I I I I I I I I I I I III I i I I i l 1 11 111 11) 111 1 1111111)JI 111 I March 21, 2008 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #02-08 OF WESTFIELD BUSINESS PARK On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, April 2, 2008 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 #02-08 for Westfield Business Park, submitted by Greenway Engineering, for Commercial Uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, and are identified with Property Identification Numbers 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 4413-1-4 and 44B-1-6 in the Stonewall 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, AICP Senior Planner> CEP/bad 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000