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HomeMy WebLinkAbout05-12 Winchester-81 LLC Distribution-B3 Uses - Shawnee - Backfile (2)OPEN FILE: File opened Reference Manual updated/number assigned % D-base updated 7 / List of adjoiners given to staff member for verification / Location maps requested from Mapping Application Action Summary updated CLOSE FILE: D Approval (or denial) letter mailed to applicant, copy for file, cc's Public Works and Real Estate D File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated 1 ' 2, Application Action Summary updated MASTER DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need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 Packame Comment sheets from the following agencies along with any marked copies of the plan: VDOT ✓ County Engineer ✓ Fire Marshall City of Winchester ✓ Sanitation Authority GIS ✓ Inspections Dept. Parks & Recreation Health Dept. Winchester Regional Airport e� One copy of the master development plan application. Appropriate number of plans, colored maps, etc., to cover PC & BOS meetings ✓Submission Fee r7l)'? Application received ? //Q Fee Paid ($ 3 g / A Preliminary MD heard by Planning Commission ACTION: Preliminary MDP heard by Board of Supervisors ACTION: Letter to applicant regarding Board action (if required) Final MDP submitted with review agency, PC & BOS comments addressed Administratively approved; letter sent to applicant, copy to file and cc's Sys ID # 0 c o mE a �t� a my >� E N O_ o lD O v [V cV II ate+ C > 7 N j Q i ci U C tl) U no Y ai In a C Z lD a) C 41 tv ^ C O ii a vi RECEIVED FROM W , ❑ FOR RENT ❑ FOR DATE 1 Z CA D%) U+�(skskA Sk • • AMT.OF CASH ACCOUNT AMT. PAID 5 �I CHECK ' I BALANCE MONEY DUE ORDER NO.124609 s ° COUNTY 154R%[;W Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 October 2, 2012 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: MASTER DEVELOPMENT PLAN #05-12 FOR WINCHESTER-81 LLC Property Identification Number 75-A-10A Dear Evan: Frederick County administratively approved the above -referenced final master development plan on October 1, 2012. This master development plan is approved for the development of Commercial Uses such as Office, Flex -Tech, and Warehouse Distribution on approximately 23 acres of land which is zoned B3 (Industrial Transition) within the Back Creek Magisterial District. The property which would comprise this development is located in the Kernstown area, on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. I am providing you with four (4) 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, Eric . Lawrence, AICP Director ERL/bad cc: Gary Lofton, Back Creek Magisterial District Supervisor Kevin Crosen and Greg Unger, Back Creek Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Public Works Winchester-81 LLC, 4 East Lake Drive, Rehoboth Beach, DE 19971 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #05-12 WINCHESTER-81 LLC Staff Report for the Board of Supervisors September 4, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Planning Commission: 08/15/12 Board of Supervisors: 09/12/12 PROPOSAL: Commercial Uses: Office, Flex -Tech, Warehouse Distribution and other B3 District by - right land uses. MAGISTERIAL DISTRICT: Back Creek LOCATION: The subject property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313. STAFF CONCLUSIONS FOR THE 09/12/12 BOARD OF SUPERVISORS MEETING: The Winchester-81 LLC Master Development Plan proposes a commercial development on approximately 23 acres of land zoned B3 (Industrial Transition) District. The MDP depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. A significant amount of consideration has been given to the Interstate 81 Improvement Project, in particular, by VDOT. However, at this time, no accommodations for the Interstate 81 improvement project have been made. This MDP is in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. The Planning Commission reviewed the MDP and offered their support. The Commission provided comments regarding the proposed zoning district buffer adjacent to Route 11 and discussed access to the site and the potential traffic impacts associated with the project. It appears that the application meets all requirements. Following presentation of the application to the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MMP #05-12, Winchester-81W • September 4, 2012 Page 2 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. LOCATION: The subject property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75-A-10A PROPERTY ZONING & PRESENT USE: Zoned: B3 (Business, Industrial Transition) District Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: B2 (Business General) Use: Commercial B3 (Industrial transition) Distribution South: B2 (Business General) Use: Commercial East: B2 (Business General) Use: Vacant (Crosspointe) West: RP (Residential Performance) Use: Residential PROPOSAL: Commercial: Office, Flex -Tech, Warehouse Distribution and other B3 District by -right land uses. Virginia Department of Transportation: The Master Development Plan for this property appears to have significant measurable impact on Routes 1167 and 11, the VDOT facilities which would provide access to the property. 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, 7 h 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. MDP #05-12, Winchester -A September 4, 2012 Page 3 Frederick County Fire & Rescue: Plans approved as submitted. Frederick County Fire Marshal: Plans approved as submitted. Frederick County Public Works: Based on our review, we understand that the owner plans to develop approximately 23 acres of B3 zoned property as an extension of Commonwealth Court. The proposed extension and associated cul-de-sac indicates four entrances. A review of sheet 3 of 3 indicated a general location for a proposed stormwater management facility. This location should be coordinated with the Virginia Department of Transportation to ensure that it does not conflict with any future improvements to the I-81/Route 37/Route 11 interchanges. In addition, a note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Dedicated drainage easements may be required to route the runoff through the proposed I-81 site. An evaluation of the existing culvert under Route 37 shall be included in the design of the stormwater management facility. It should be noted that the actual design of the stormwater management plan for this site will, most likely, occur after the new stormwater regulations have been implemented by the Commonwealth. Frederick County Inspections Department: No comments required at this time. Shall comment on site plan. Frederick County Sanitation Authority: First review — one item — correct and resubmit. Winchester Regional Airport: It appears that the proposed master development plan will not have an impact on operations at the Winchester Regional Airport. The proposed site does lie within the airport's airspace; however, it falls outside of the airport's Part 77 close in surfaces. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Planniniz & Zoning_ Please see attached letters from Candice E. Perkins, Senior Planner, dated October 6, 2012, September 19, 2011 and June 25, 2011. A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The adjacent Commonwealth Business Center Master Development Plan (MDP #03-99) was approved in July of 1999 and subsequently revised in June 2006 (MDP #05-06) to enable the MMP #05-12, Winchester-81VC September 4, 2012 Page 4 development of the Gander Mountain and Camping World commercial projects which included the extension of Commonwealth Court to this site. Q Site Suitability & Proiect Scope Comprehensive Policy Plan: The Frederick County 2030 Comprehensive 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. Land Use Compatibility: The proposed 23.15 acre parcel is zoned B3 (Industrial Transition) District and is within the SWSA (Sewer and Water Service Area). The Comprehensive Policy Plan states: The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial, industrial, and institutional land uses are also encouraged within the Urban Development Area. The Sewer and Water Service Area is consistent with the Urban Development Area in many locations. However, the Sewer and Water Service Area may extend beyond the Urban Development Area to promote commercial, industrial, and institutional land uses in areas where residential land uses are not desirable. Site Access and Transportation: Access to the site is proposed via an extension of existing Commonwealth Court, Route 1176. The general location of the site entrances are shown on the Master Development Plan. Commonwealth Court provides a direct connection to Route 11 at an existing signalized intersection. The Interstate 81, Exit 310 Interchange Improvement Project is adjacent to this property. Areas of this property have been identified as being within the limits of the project. The MDP does not reflect this project or the right-of-way needs associated with it. At this time, the' Master Development Plan is moving forward without recognition of this project. VDOT has commented; the Master Development Plan for this property appears to have significant measurable impact on Routes 1167 and 11, the VDOT facilities which would provide access to the property. Buffers, Screening and Waivers: The proposed preliminary master development plan will be providing a C category buffer with a full screen adjacent to the west property line as it fronts on Route 11, directly across from the properties zoned RP (Residential Performance). The full screen buffer includes three plants per 10 linear feet; 1/3 deciduous trees, 1/3 evergreen trees, and 1/3 shrubs. A 6 foot high earthen berm or board -on -board opaque fence is to be provided. MDP #05-12, Winchester-81 VC September 4, 2012 Page 5 STAFF CONCLUSIONS FOR THE 08/15/12 PLANNING COMMISSION MEETING: The Winchester-81 LLC Master Development Plan proposes a commercial development on approximately 23 acres of land zoned B3 (Industrial Transition) District. The MDP depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. Due consideration has been given to the Interstate 81 Improvement Project. However, at this time, no accommodations for the project have been made. This MDP is in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. PLANNING COMMISSION SUMMARY OF COMMENTS AT THE 8/15/12 MEETING: A member of the Commission had comments about the buffer shown for the residential properties across Route 11 and noted this was a fairly large right-of-way between the properties and he questioned the appropriateness of requiring a buffer in this area. The Commissioner believed it was a waste of commercial property and inquired if it could possibly be reduced, considering there were four lanes of traffic and a median strip. The Commission member suggested that 50 feet may be more reasonable, since this is the building setback off the road in this area. The staff responded that an adjacent property owner to the north provided a similar buffer and it is in keeping with the corridor appearance buffer which extends along Route 11. In particular, staff noted the 50-foot buffer with landscaping and bicycle path south of Route 37, along the entire length of Kernstown Commons. Another member of the Commission inquired if additional improvements were needed for Commonwealth Court to handle the impact of the additional vehicular and truck traffic this use may produce. The applicant responded to this question by stating that when this proposal was brought forward, there was support from the staff to bring Commonwealth Court and tie it across from the off - ramp of Route 37, similar to what was done on the Nerangis property. He said the developer was willing to construct the road, relocate the traffic signal, widen the turn lanes, and attempt to direct the traffic to where it made the interstate more accessible. Unfortunately, VDOT did not support the concept and as a result, Commonwealth Court will simply be extended into the applicant's property. Staff commented that if improvements are needed to accommodate the additional traffic on Route 11, Commonwealth Court, and adjacent roads, VDOT would certainly call for those at the site development stage. No formal action was needed from the Planning Commission on this MDP. (Note: Commissioners Mohn, Lemieux, and Thomas were absent from the meeting.) MDP #05-12, Winchester-819C September 4, 2012 Page 6 STAFF CONCLUSIONS FOR THE 09/12/12 BOARD OF SUPERVISORS MEETING: The Winchester-81 LLC Master Development Plan proposes a commercial development on approximately 23 acres of land zoned B3 (Industrial Transition) District. The MDP depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. A significant amount of consideration has been given to the Interstate 81 Improvement Project, in particular, by VDOT. However, at this time, no accommodations for the Interstate 81 improvement project have been made. This MDP is in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. The Planning Commission reviewed the MDP and offered their support. The Commission provided comments regarding the proposed zoning district buffer adjacent to Route 11 and discussed access to the site and the potential traffic impacts associated with the project. It appears that the application meets all requirements. Following presentation of the application to the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. ) VILLAG ubdivisio.. —. A wj COMMONWEALTH' ,BUSINESS CENTER + ;t VSutidivision W911 MOD a i wr Applications 4 , Parcels f' Building Footprints �Q B1 (Business, Neighborhood District) B2 (Business, General Distrist) `pS B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) MDP#05-12 Winchester-81 LLC PINS: 75-A-10A Commercial Usesl 0 100 200 400 Feet rrrr `f Note: Frederick County Dept of Planning & Development N Kent St e Suite e 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 19, 2012 Staff: mruddy .o COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 October 6, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan (MDP) for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A MDP and Subdivision Plat Submission Rejection Dear Evan: I am in receipt of your Master Development Plan application submitted on September 30, 2011. The Master Development Plan submitted does not conform with the requirements of the Code of Frederick County as pointed out in a comment letter from the Frederick County Department of Planning & Development dated September 19, 2011 and, therefore, constitutes an incomplete submission. As previously stated in the referenced letter: 1. Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. Please see the following: a. In accordance with § 165-201.02 of the Frederick County Zoning Ordinance - when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. b. In accordance with § 144-17E of the Frederick County Subdivision Ordinance - Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate %2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be -measured from the edge of this dedicated right-of-way. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i s 90 N Mr. Evan Wyatt RE: Proposed MDP for Winchester I-81, LLC October 6, 2011 Page 2 In addition, the plats that were submitted along with the Master Development Plan application cannot be accepted or reviewed. In accordance with § 144.10 of the Frederick County Subdivision Ordinance '- , Master development plan - all subdivision of land shall require an approved master development plan. In addition, in accordance with § 144.3 of the Frederick County Subdivision Ordinance — Compliance required — all land development requiring submission and approval of a subdivision application under the provisions of this chapter shall conform with the Frederick County Comprehensive Plan, the Frederick Code and the requirements of this Chapter. This property does not have an approved Master Development Plan and the plats do not conform with the Code of Frederick County. The Master Development Plan application and subdivision application for Winchester I- 81, LLC cannot be processed until the plan complies with the requirements of the Code of Frederick County. Therefore all application materials are being returned to you with this correspondence. If you have any questions, please feel free to contact me Sincerely, Candice E. Perkins, AICP Senior Planner cc: Rod Williams, County Attorney CEP/bad Attachments 1'szamia-<_us RECEIVED GREENWAY ENGINEERING .p . 00 September 19, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 0• COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 RE: Preliminary Master Development Plan for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A Second Review Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Winchester I-81, LLC. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. Please see the following: a. In accordance with § 165-201.02 of the Frederick County Zoning Ordinance - when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. b. In accordance with § 144-17E of the Frederick County Subdivision Ordinance - Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate %2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Greenway Engineering RE: Winchester I-81, LLC MDP September 19, 2011 Page 2 2. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for , the remainder. This is based on fees as of April 28, 2008. Fees may change. In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals 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 GJS, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not lie:s3f,"t' .') .i •illa?:.t 11'u V"'411 q;Rcsfions regardti;gt111.7 'iil l t � Gi. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad •0 SFP 19 2011 GREENWAY Q ERING •• June 25, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 •• COUNTY of FREDERICK - -Dxtment of Planning and Development ' 540/ 665-5651 FAX: 540/665-6395 JUN '2 t MI RE: Preliminary Master Development Plan for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A First Review Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Winchester I-81, LLC. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Project Information. On the coversheet under project information, change the setback off of Route 11 to 50 feet (Route 11 is classified as an arterial), and provide the area proposed to be in ROW. 2. Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. 3. Buffers. On sheets 2 and 3, the Zoning District Buffer shown between the B2 and B3 can be removed; the 132/133 buffer requirement has been eliminated from the ordinance. 4. Adjoining Properties. On sheet 2, parcel 75-A-91K is zoned B2. 5. Category C Buffer. The Category C buffer along Route 11 needs to be accommodated entirely on the subject property; Route 11 cannot be utilized to reduce the distance. 6. Bicycle Path. A 10 foot bicycle/pedestrian facility needs to be shown along the property's Route 11 frontage. 7. Easements. Indicate if there are any easements on the property. 8. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 ,�� 0• Mr. Evan Wyatt, Greenway Engineering RE: Winchester I-81, LLC MDP `o June 25, 2011 Page 2 In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals 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 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 CEP/bad Attachment IN i COUNTo f FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 6, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan (MDP) for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A MDP and Subdivision Plat Submission Rejection Dear Evan: I am in receipt of your Master Development Plan application submitted on September 30, 2011. The Master Development Plan submitted does not conform with the requirements of the Code of Frederick County as pointed out in a comment letter from the Frederick County Department of Planning & Development dated September 19, 2011 and, therefore, constitutes an incomplete submission. As previously stated in the referenced letter: 1. Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. Please see the following: a. In accordance with § 165-201.02 of the Frederick County Zoning Ordinance - when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. b. In accordance with § 144-17E of the Frederick County Subdivision Ordinance - Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate '/2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Evan Wyatt RE: Proposed MDP for Winchester 1-81, LLC October 6, 2011 Page 2 In addition, the plats that were submitted along with the Master Development Plan application cannot be accepted or reviewed. In accordance with § 144.10 of the Frederick County Subdivision Ordinance - Master development plan - all subdivision of land shall require an approved master development plan. In addition, in accordance with § 144.3 of the Frederick County Subdivision Ordinance — Compliance required — all land development requiring submission and approval of a subdivision application under the provisions of this chapter shall conform with the Frederick County Comprehensive Plan, the Frederick Code and the requirements of this Chapter. This property does not have an approved Master Development Plan and the plats do not conform with the Code of Frederick County. The. Master Development Plan application and subdivision application for Winchester I- 81, LLC cannot be processed until the plan complies with the requirements of the Code of Frederick County. Therefore all application materials are being returned to you with this correspondence. If you have any questions, please feel free to contact me. Sincerely, Candice E. Perkins, AICP Senior Planner cc: Rod Williams, County Attorney CEP/bad Attachments i E(UCOUNTY RIIIEDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 19, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A Second Review Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Winchester I-81, LLC. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. Please see the following: a. In accordance with § 165-201.02 of the Frederick County Zoning Ordinance - when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. b. In accordance with § 144-17E of the Frederick County Subdivision Ordinance - Whenever a property proposed for subdivision or development abuts one side of an existing or platted public street, the subdivider or developer shall dedicate '/2 of the total right-of-way necessary to meet the right-of-way width standards for the street as contained in this chapter or for future expansion of the street as determined by the Virginia Department of Transportation or Frederick County. Any required setbacks or buffers shall be measured from the edge of this dedicated right-of-way. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Green av Engineering • RE: Winchester I-81, LLC MDP September 19, 2011 Page 2 2. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals 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.ZS, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, y � � Candice E. Perkins, AICP Senior Planner CEP/bad Winchester- 81, LLC Master Development Plan Information • FALLOW, M'Y'ERS & MARSHALL, LLP ATTORNEYS AT LAW 110 MAIN STREET - WARRENTON, VIRGINIA 20186 TELEPHONE: (540) 349-4633 • FACSIMILE: (540) 349-4I63 • E-MAIL: staff@fmmattycom MERLE W. FALLON VAUGHAN R.. MYERS OF COUNSEL NIKKI L. MARSHALL September 28, 2011 RICHARD W. GROUX, JR. JENNIFER R. MOORE Candice Perkins, AICP Senior Planner Frederick County Department Of Planning & Development 107 North Kent Street Winchester, Virginia 22601 RE: Preliminary Master Development Plan for Winchester-81 LLC Property Identification Number (PIN): 75-A-10A Dear Ms. Perkins: This responds to your September 11, 2011 letter to Mr. Evan Wyatt regarding the Preliminary Master Development Plan for Winchester 81, LLC. In your preliminary review comments, you refer to the 1-81, Exit 310 Interchange Improvement Project. You go on to site to Frederick County Zoning Ordinance Sections 165-201.02 and 144-17E. Both of these sections are dependent upon "Improvement Pians...adopted for a road or street by the County" or "future expansion of a street as determined by the Commonwealth Department of Transportation or Frederick County". To our knowledge no such final plans have been adopted or approved for construction or right-of-way acquisition for the Exit 310 Interchange Improvement Project. As such, these Zoning Ordinance Sections are simply inapplicable. You cannot require dedication for an unapproved future project, the scope of which is speculative, at best. Your demand for dedication is tantamount to a taking of the property, without just compensation and is not provided for in the law. If final plans have been approved for acquisition and construction by the Commonwealth Transportation Board, please provide us with the appropriate reference thereto, otherwise, please review and approve the plans as submitted. -I- • Finally, I note that the requirement that a Master Development Plan be submitted as a condition precedent to a by -right subdivision of property is not provided for in Virginia law. Please forward our Subdivision Plats to the Planning Commission in accordance with the requirement of Virginia Code Section 15.2-2259, et seq. MWF/syc CC: Winchester 81-LLC Sincerely, Merle W. Fallon Mr. Eric Lawrence, Director Department of Planning & Development County of Frederick, Virginia Mr. Mark Cheran Zoning and Subdivision Administrator County of Frederick, Virginia -2- GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Winchester-81, LLC Master Development Plan & Subdivision Plats File No: 4926U Date: Fri, Sep 30, 2011 To: FC Planning Attn: Candice Perkins Copied Mark Cheran Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier ❑ Pick Up ❑ Urgent Z For Your Review ❑ As You Requested 0 Please Comment Message Hi Candice and Mark, Please find attached the Winchester-81, LLC Master Development Plan and Subdivision Plats for consideration by the Planning Commission. The applicant's attorney has prepared a cover letter advising of the Code of Virginia requirements associated with this project and is requesting concurrent review by the Planning Commission review of the MDP and Subdivision Plat as authorized in Section 165-801.06G of the Frederick County Code. The attached information also includes MDP and Subdivision Applications, MDP and Subdivision Application fees, Special Limited Power of Attorney forms, MDP review agency comments, and 38 MDP plan sets and 38 Subdivision Plat sets. Please advise me when this will be scheduled for consideration by the Planning Commission. Thank you, Evan Hand Delivery and Pick Ups Only: Received by: Please Print Name: Date: - EP302011 J • • /t\ GREENWAY ENGINEERING %*47 151 Windy Hill Lane Fou,,,,kd;„ 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Winchester-81 LLC MDP — Plan of Development File No: 4926U Date August 16, 2011 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: Hi Candice, Please find attached the Winchester-81 LCC MDP Plan of Development for your second review and comment. Please contact me if you need anything else at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: P%askPon IN AUG 1 6 2011 a Time: 0 GREENWAY ENGINEERING, iNc. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 August 12, 2011 Frederick County Plam- ing Department Attn: Candice Perkins 107 North Kent Street Winchester, VA 22601 0 RE: Winchester-81, LLC Master Development Plan — Plan of Development Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a summary of the various review agency comments and to identify the information that has been incorporated onto the plan set that is attached for your review. Please note the following: Frederick County Fire Marshal — The Frederick County Assistant Fire Marshal recommended approval of this plan on August 4, 2011. Frederick County Department of Building Inspections — The Frederick County Building Official recommended approval of this plan on July 6, 2011 and specified that comments would be provided during the review of Site Plans associated with this project. Frederick County Department of Public Works — The Frederick County Director of Public Works provided a review comment dated July 8, 2011 with the following comment: Comment: A note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Comment Response: The Cover Sheet has been revised to incorporate a new narrative (Item #8 under Project Narratives) to address this comment. Frederick County Department of GIS — The proposed plan extends Commonwealth Court into the project site as a cul-de-sac condition. Therefore, a new road name is not needed Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 4926U/EAW www.greenwayeng.com for this project. As a result of this condition, our office did not submit a request for comments from the Frederick County Department of GIS. Frederick County Sanitation Authority — The Frederick County Sanitation Authority provided a review comment dated July 18, 2011 with the following comment: Comment: Provide the attached FCSA Project Information calculation information for water and sanitary sewer usage based on the calculation of demand/discharge provided by FCSA. Comment Response: The Cover Sheet has been revised to incorporate Frederick County Sanitation Authority Project Information that provides for projected water and sanitary sewer usage and calculations consistent with FCSA requirements. Virginia Department of Transportation - The Virginia Department of Transportation provided a review comment dated June 17, 2011 with the following comment: Comment: It appears this submittal does not reflect the property that will be utilized as part of the Interstate 81, Exit 310 Interchange Improvement Project. VDOT recommends situating lots/uses in conformance with long-standing I-81 improvement plans, so that all proposed parcels need not be affected by the planned interstate improvements. Early development plans previously provided to Greenway may be provided by the Department again if necessary. Once the I-81 improvement plans are shown on the MDP, VDOT will complete its review. Until then, it has been determined this is an incomplete submittal and VDOT cannot support it at this time. Comment Response: The attorney representing the applicant has prepared a letter dated July 6, 2011, which requests VDOT provide the state ordinance, regulation, or policy that requires by -right development plans to conform with currently unapproved preliminary improvement plans for I-81. A new plan set dated August 12, 2011 has been submitted to VDOT with a copy of the July 6, 2011 letter from Fallon, Myers & Marshall, LLP requesting an updated comment that provides this information. Frederick County Department of Planning and Development — The Frederick County Department of Planning and Development provided a review comment dated June 25, 2011 with the following comments: Comment l: Change the setback off of Route. I I to 50 feet and provide the area proposed to be in right-of-way. Comment 1 Response: The Plan Set has been revised to provide for a 50-foot setback along Route 11 and to provide for the area proposed to be in right-of-way. 4926U/EAW Comment 2: The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed right-of-way. Comment 2 Response: The attorney representing the applicant has prepared a letter dated July 6, 2011, which requests that the Planning Department provide the county ordinance, regulation, or policy that requires by -right development plans to conform with currently unapproved preliminary improvement plans for I-81. A BRL of 50 feet has been provided along I-81 and Route 37 on the plan set. A copy of the July 6, 2011 letter from Fallon, Myers & Marshall, LLP has been included with the revised plan set requesting an updated comment that provides this information. Comment 3: The zoning district buffer between the B2 and B3 can be removed. Comment 3 Response: The zoning district buffer has been removed from the plan set. Comment 4: Parcel 75-A-91K is zoned B2. Comment 4 Response: The plan set has been revised to designate Parcel 75-A-91K as being zoned B2. Comment 5: The Category C buffer along Route 11 needs to be accommodated entirely on the subject property; Route 11 cannot be utilized to reduce the distance. Comment 5 Response: The plan set has been revised to provide a Category C 100-foot full screen buffer entirely on the subject property along Route 11 across from the three properties that are zoned RP. Comment 6: A 10-foot bicycle/pedestrian facility needs to be shown along the property's Route 11 frontage. Comment 6 Response: The plan set has been revised to provide a 10-foot asphalt bicycle/pedestrian facility along the property's Route 11 frontage. Comment 7: Indicate if there are any easements on the property. Comment 7 Response: Greenway Engineering requested a copy of the title report for the property from .the applicant and was advised that one does not exist. Therefore, the plan set has been revised to provide a narrative stating that the location of all easements will be provided during the site plan process. Comment 8: An application fee is required for this project. Comment 8 Response: The Applicant previously submitted an application fee, which was returned by the Planning Department with instructions to resubmit the fee once a 4926U/EAW 3 r • • formal application was made. The review fee will be submitted once all applicable review agency comments have been received. Please review the information associated with the revised plan set and provide me with your second review comments at your earliest possible convenience. Please advise me if you need anything else at this time. Sincerely, l.0 a- Evan W'Y att, AIC Greenway Engineering Cc: Glen T. Urquhart, Winchester .81, LLC Merle W. Fallon, PLC, Fallon, Myers & Marshall, LLP 4926U/EAW 4 0 Department t)f Public Works 540/66S-5643 FAX: 540/67 -0682 July 8, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Master Development Plan for Winchester - 81, LLC Frederick County, Virginia Dear Evan: We have completed our review of the proposed master development plan for Winchester - 81, LLC. Based on our review, we understand that the owner plans to develop approximately 23 acres of B-3 zoned property as an extension of Commonwealth Court. The proposed extension and associated cul-de-sac indicate four (4) entrances. A review of sheet 3 of 3 indicated a general location for a proposed stormwater management facility. This location should be coordinated with the Virginia Department of Transportation to insure that it does not conflict with any future improvements to the I-81/Route 37/Route 11 interchanges. In addition, a note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Dedicated drainage easements may be required to route the runoff through the proposed I-81 site. An evaluation of the existing culvert under Route 37 shall be included in the design of the stormwater management facility. It should be noted that the actual design of the stormwater management plan for this site will, most likely, occur after the new stormwater regulations have been implemented by the Commonwealth. I can be reached at 722-8214 if you should have any questions regarding our comments related to future stormwater design. Sincerely, E� Strawsnyder, Jr., P.E. Harvey Director of Public Works HES/rls cc: Planning and Development file t:\Rhonda\TEMPCOMMENTS\WINCHESTER-81,LLC PMDPCOM.doc FALLoN, MYER.S & MA.RSHA.LL, LLP ATTORNEYS AT LAW 110 MAIN STREET - WARRENTON, VIRGINIA 20186 TELEPHONE: (540) 349-4633 - FACSIMILE: (540) 349-4163 - E-MAIL: staff@fh=aUy.com MERLE W. FALLON VAUGHAN R. MYERS OF COUNSEL NIKKI L. MARSHALL July 6, 2011 RICHARD W. GROUX, Sit. JENNIFER R. MOORE Mr. Eric Lawrence, Director Department of Planning & Development County of Frederick, Virginia 107 North Kent Street, Site 202 Winchester, Virginia 22601 RE: Winchester 81, LLC Master Development Plan Plan of Development 14144 Walton Drive, Manassas, VA 20112 Dear Mr. Lawrence: Attached please find a second submittal for the Master Development Plan for the above referenced property. The initial filing for this Plan was on May 4, 2011 and was accompanied by a letter specifically requesting that the County and referral agencies, such as Virginia Department of Transportation ("VDOT"), comply with the requirements of Virginia law in commenting on the application. We received comments on June 17, 2011 from a Mr. Lloyd A. Ingram of VDOT and on June 25, 2011 from a Ms. Candice E. Perkins in the Department of Planning and Development for Frederick County, Virginia. Neither set of comments complied with the requirements of Virginia law. Specifically, the VDOT comments "recommends situating lots/uses in conformance with the long- standing 1-81 improvement plans". No reference is made to any `ordinances, regulations or policies" which require by -right development plans to conform with currently unapproved preliminary improvement plans for 1-81. Comment No. 2 from Ms. Perkins in Frederick County states that "the area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on the MDP (Master Development Plan)"; again, no reference is made to "ordinances, regulations or policies" that the County is attempting to enforce in this regard. Ms. Perkins and Mr. Ingram appear to be colluding to exact the dedication of property by Winchester 1-81, LLC to the Commonwealth of Virginia without any statutory, regulatory, or ordinance based support for their position. I note that -1- none of the other comments made by either Mr. Ingram for VDOT or Ms. Perkins for Frederick County contain the appropriate references to "ordinances, regulations or policies" as required by Virginia Code Section 15.2- 2259. Winchester 1-81, LLC has, nevertheless, made those corrections and changes in the Plans, as appeared to be requested by Ms. Perkins and Mr. Ingram in their comments, except that no provision is made for the dedication of property for an unapproved Exit 310 Interchange Improvement Project for Interstate 81. Additionally, I note that Mr. Ingram has referenced "off -site roadway improvements and drainage". This is a by -right development for which no off -site improvements can be required of the applicant. We are merely extending a public road into the property for the purposes of access. No off -site improvements can be mandated by the State. Please treat the attached application as a second submittal and act upon it within the forty-five (45) days mandated by State law. Although the Code of Virginia requires that the County refer these plans to the Virginia Department of Transportation, we will also do so to make sure that VDOT has an opportunity to comment. Any comment that involves a disapproval of the project, should comply with the provisions of Virginia Code Section 15.2-2259, which were previously referenced to you in the May 4, 2011 letter attached to the initial filing. Thank you for you consideration, MWFlsyc Attachment CC: Winchester 81, LLC -2- Sincerely, l<vc Merle W. Fallon 0 Ri DE RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 25, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Master Development Plan for Winchester I-81, LLC Property Identification Number (PIN): 75-A-10A First Review Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Winchester I-81, LLC. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Project Information. On the coversheet under project information, change the setback off of Route 11 to 50 feet (Route 11 is classified as an arterial), and provide the area proposed to be in ROW. 2. Interstate 81, Exit 310 Interchange Improvement Project. The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed ROW. 3. Buffers. On sheets 2 and 3, the Zoning District Buffer shown between the B2 and B3 can be removed; the 132/133 buffer requirement has been eliminated from the ordinance. 4. Adjoining Properties. On sheet 2, parcel 75-A-91K is zoned B2. 5. Category C Buffer. The Category C buffer along Route 11 needs to be accommodated entirely on the subject property; Route 11 cannot be utilized to reduce the distance. 6. Bicycle Path. A 10 foot bicycle/pedestrian facility needs to be shown along the property's Route 11 frontage. 7. Easements. Indicate if there are any easements on the property. 8. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 Mr. Evan Wyatt, Greeilay Engineering RE: Winchester I-81, LLC MDP June 25, 2011 Page 2 In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals 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 Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, JV4x.l 4-W, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment /t\ -Kp GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMIT T AL Project Name: Winchester-81 LLC Master Development Plan — Plan of Development File No: 4926U Date May 4, 2011 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: Hi Candice, Please find attached the information for your review of the Winchester-81 LLC Master Development Plan — Plan of Development. Please advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: I Y: L= M AY FALLON, MYERS & MARSHALL, LLP ATTORNEYS AT LAW 110 MAIN STREET • WARRENTON, VIRGINIA 20186 TELEPHONE: (540) 349-4633 • FACSIMILE: (540) 349-4163 • E-MAIL: staff@fmniatty.com MERLE W. FALLON May 4, 2011 VAUGHAN R. MYERS OF COUNSEL NIKKI L. MARSHALL RICHARD W. GROUX, JR. JENNIFER R. MOORE HAND DELI LIVERED Mr. Eric Lawrence, Director Department of Planning.& Development County of Frederick, Virginia 107 North Kent Street, Site 202 Winchester, Virginia 22601 RE: Winchester-81, LLC Master Development Plan Plan of Development 14144 Walton Drive, Manassas, VA 20112 Dear Mr. Lawrence: Attached hereto please find a Master Development Plan for the above referenced property. Winchester 81, LLC is filing this plan at this point to begin the process for approval of said plan after July 1, 2011. The purpose of this letter is to ask you, your staff and other review agencies (including the Virginia Department of Transportation and the Frederick County Sanitation Authority) to comply with the requirements of Virginia Code §§ 15.2-2258 and 15.2-2259. Virginia Code § 15.2-2259 requires that a review agency "act on any proposed plat within 60 days after it has been officially submitted for approval by either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor." Further, VA Code Section 15.2-2259 A. 3. provides: "Specific reasons for disapproval shall be contained either in a separate document or on the plat or plan itself. The reasons for disapproval shall identify deficiencies in the plat or plan that cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that will permit approval of the plat or plan." -1- 0 Winchester 81, LLC does not anticipate nor does it seek comments on this submittal prior to July 1, 2011. Therefore, your review agencies should only cite to rules, regulations and policies which are legally in effect at that time in any comments on this plan of development that result in disapproval. I note specifically, for example, that as of July 1 2011. no Transportation Impact Analysis (TIA) is required for any by -right development (see Senate Bill 1206 amending Virginia Code §15.2-2222.1). Finally, I note that Virginia Code §15.2-2259 applies to "plats" that are submitted to the Planning Commission or other agent for review and.approval. Virginia Code § 15.2-2258 provides that "Site plans or plans of development required by subdivision A 8 of § 15.2-2286 shall also be subject to the provisions of §§ 15.2-2258 through 15.2-2261, mutatis mutandis." Thus, the rules I have cited apply to this plan of development. Please review and act on this application within the time frame and in accord with the process mandated by the Virginia Code. Thank you for your consideration and assistance. If there is anything I can do to assist in this process, please contact me. MWF/syc Attachment CC: Winchester-81, LLC Evan Wyatt Sincerely, Merle W. Fallon -2- • • MASTER DEVELOPMENT PLAN APPLICATION FORM - Department of Planning & Development Use Only — Application # Date Application Received: PC Meeting Date BOS Meeting Date_ Fee Amount Paid S Initials: Receipt # 1. Project Title: Winchester-81, LLC Master Development Plan - Plan of Development 2. Applicant: Name: Fallon, Myers & Marshall, LLP Telephone: 540-349-4633 Address: 110 Main Street Warrenton, VA 20186 3. Property Owner (if different than above): Name: Winchester-81, LLC Telephone: 302-227-9282 Address: 4 East Lake Drive Rehoboth Beach, DE 19971 4. Design Company: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 5. Please list names of all owners, principals, and/or majority stockholders: Glen T. Urquhart 6. Magisterial District: Shawnee District 10 %. Property Location: North side of Route 37; East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 (Give State Route # and name, distance and direction from intersection) 8. Is this an original or amended Master Development Plan? Original n :Amended _' Previous MDP# 9. Property Information: a) Property Identification Number:(PIN): 75-A-10 b) Total Acreage: 23.17 +/ c) Current Zoning:' B-3 District d) Present Use: Unimproved e) Proposed Uses: Commercial; Office; Flex -Tech; Warehouse Distribution and/or Other B-3 District By -right Land Use 10. If residential uses are proposed, provide the following: a) Density: N/A b) Number of Units: N/A c) Housing Types: N/A 11. Adjoining Property use and zoning: USE ZONING North Refer to Adjolner Map & Plan of Development Refer to Adjoiner Map & Plan of Development East South „ West 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. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 11 Date: '1-G1/1 Date:�� 6 Date: Date: urquhar Property Adjoiners PIN* I Owner 63 A 63 VIRGINIA STATE POLICE 63 A 64 COLLINS MICHAEL ANDREW 63 A 65 DAVE HOLLIDAY RENTALS LLC 63 A 85 VALLEY MASTER PARTNERSHIP LP 75 5 1 ORANGE PARTNERS LLC 75 5 2 HOMESTYLEHOSPITALITY LLC 75 5 B COMMONWEALTH OF VIRGINIA DEPARTMENT OFTRANSPORTATION 75 A 5 VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 75 A 7 VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 75 A 9 BENNINGTON CLAYTON J. 75 A 10A WINCHESTER-81 L L C C/O URQUHART & CO 75 A 90 GLAIZE DEVELOPMENTS INC 75 A 91B RAINIER GMVAl0 LLC C/O RAINIER PROPERTIES LP 75 A 91C I HODGSON CONSTRUCTION LLC 75 A 91 J KTJ LTD PR 162 75 A 91 K KTJ LIMITED PARTNERSHIP 133 C/O OPPIDON INVESTMENT CO 75 A 92 GLAIZEDEVB_OPMENT CORP 75A 6 B 12A NEFF MARY ELLEN 75A 6 B 41 i VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 75A 6 B 41A PROSPERITY DRIVE DEV GROUP LLC 75A 6 B 41B i SRB PROPERTIES LLC 75A 72 3 FRALEY CONSTRUCTION LLC 63 A 85 �� rn A 63 `/ `" 37 n Q 75 A 10A 75A 6B 41A 37 h @e 75A 6 B 41 72q can P m N m Lo Address I City/State I Zip Code I Zoning 3680 VALLEY PIKE WINCHESTER VA 22602 RP 3670 VALLEY PIKE WINCHESTER VA, 22602 RP 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 B2 2635 E M ILLBROOK RD RALEIGH NC 27604 B3 500 PEGASUS CT WINCHESTER VAS 22602 B2 500 PEGASUS CT WINCHESTERVA 22602 B2 2275 NORTHWESTERN PIKE `WINCHESTERVA 22603 B2 3862 VALLEY PIKE WINCHESTER VA 22602 62 3862 VALLEY PIKE WINCHESTER VA 22602 B2 3688 VALLEY PIKE WINCHESTERVA 22602 RP 14144 WALTON DR : MANASSAS VA 20112 B3 PO BOX 888 WINCHESTER VA; 22604 RPB2 13760 NOEL RDSTE800 DALLASTX 75240 B2 1180 APPLE PIE RIDGE RD WINCHESTERVA1+ - 22603 B2 5125 CITY RD 101 #100 MINNETONKA M 55345 B2 5125 CITY RD101 #100 MINNETONKA M ! 55345 B2 PO BOX 888 WINCHESTER VA 22604 RP 3850 VALLEY PIKE � WINCHESTER VA 22602 B2 3862 VALLEY PIKE �WINCHESTER VA 22602 B2 180 PROSPERITY DR STE3 i WINCHESTER VA 22602 B2 9075 EUCLIDAVE---jMANASSAS VA 20110 B2 1802 CHESTNUT GROVE RD -' WINCHESTER VA 22603 RP ] 75 A 91C v 75 A 91 B lb P 0 �v 75 A 91K 75 A 90 Feet 71 50 2250 0 500 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Winchester-81 LLC (Phone) (302) 227-9282 (Address) 14144 Walton Drive, Manassas, VA 20112 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. on Page Deed Book 813 on Page 953 Parcel: 75 Lot: 10A B1ock:A Section: do hereby make, constitute and appoint: (Name) Fallon, Myers & Marshall, LLP (Phone) (540) 349-4633 (Address) 110 Main St. Warrenton, VA 20186 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof,r �/� beret y (our) nd and seal thi 4lay of Apiri I Signature(s) State of of To -wit: I, Pa Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has a wledged the same before me in the jurisdiction aforesaid this 251�1 day of Yi ( ' 20J I 0 Ae.,L IL � ssion Expires: Feb-Z— Notary PPuu,blic A(, •, 2R4oI0(o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia,107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Winchester-81 LLC (Phone) (302) 227-9282 (Address) 14144 Walton Drive, Manassas, VA 20112 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 Cdunty of Frederick, Virginia, by Instrument No. on Page Deed Book 813 on Page 953 Parcel: 75 Lot: 10A Block:A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering, (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 20186 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ® Subdivision ® Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 20 i I In witness thereof, I (w hereto M) hand and seal this day of �c , 2t__,, Signature(s) State of Vir nia, City/ A�ounty f To -wit: I,Qn/1Ytc,L -Net1$VNotary 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 wledged the same before mein the jurisdiction aforesaid this254(ftday of j�'—, 2W Doti 111't'M5•J;ommission Expires: Feb, Zq W 12- tary,PPtt1�blic 1s�a-flot', -* 2alal o (o t v1►i,� s,. { ♦ - y' � / Ili • , f. ire �}Jw, a \'�.,` ! ,�i c �� �. :\ , `I G ,•� cif •� \ ` wa woo l I� I w GREENWAY ENGINEERING _aa PROPOSED VDOT INTERCHANGE FREUERICN COUNTY, VA Yk, ;. I� • 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. 2. 3. ✓ 4. S. 6. 7. ✓ 9. V 10. Name of proposed development. Name, address, and telephone number of owner. Name, address, and telephone number of developer. Name, address, and telephone number of designer. Signed certificate of surveyor, engineer, or architect. Date plan prepared and date of revisions. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. Magisterial District. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No ✓ 1. Location map (scale 1:2000). V 2. Scale of the MDP is not to exceed 1:100. ✓ 3. North Arrow. ✓ 4. Legend describing all symbols. ✓ 5. Surveyed boundaries of all lots and parcels. Acreage of all parcels included in the MDP. ✓ 7. Topography contour lines at acceptable intervals. A 8. A schedule of phases, boundary of phases, and order of development. ✓ Q-0 Use, zoning, and property owner of all adjoining properties. ✓ 10. Location of proposed uses (location, boundaries, arrangement). /1J( 11. Location and treatment of historic structures and sites. NIA 12. History of all land divisions in relation to this tract. / 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. ✓ 14. Amount and percentage of disturbed and protected land in common open space. Page 14 i Frederick County, Virginia Master Development Plan Application Package Residential Development Information Infrastructure Information Yes No , ✓ 2. f 3. VI'L 4 V 5. 6, Location and dimension of Residential Separation Buffers. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. Number of dwelling units (by type, phase, and in total). Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided. Location of adjoining streets and utilities. Location, arrangements, and right-of-way widths of roads and property access. Location and arrangement of street entrances, driveways, and parking areas. Location of entrances to the development from public streets. Type of road design (rural or urban). Use of inter -parcel connectors. Page 15 3 Frederick County, Virginia Mas«r Development Plan Application Package 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. ✓ O 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. / 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. 1✓ 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 County Health Department Information Yes No _i 1. Statements and locations pertaining to sewer and water availability. 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 • a MASTER DEVELOPMENT PLAN APPLICATION FORM - Department of Planning & Development Use Only — Application # O5 ''��. Date Application Received: '717 PC Meeting Date ��' / ~ BOS Meeting Date fr� Fee Amount Paid $ Initials: Receipt # 1. Project Title: Winchester-81, LLC Master Development Plan - Plan of Development 2. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 3. Property Owner (if different than above): Name: Winchester-81, LLC Address: 4 East Lake Drive Rehoboth Beach, DE 19971 4. Design Company: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Telephone: 302-227-9282 Telephone: 540-662-4185 5. Please list names of all owners, principals, and/or majority stockholders: Glen T. Urquhart 6. Magisterial District: Shawnee District 10 7. Property Location: North side of Route 37; East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 (Give State Route # and name, distance and direction from intersection) 8. Is this an original or amended Master Development Plan? Original Amended _, Previous MDP# 9. Property Information: a) Property, Identification Number (PIN): b) Total Acreage: c) Current Zoning: d) Present Use: e) Proposed Uses: 75-A-10 23.17 +/- B-3 District Unimproved Commercial; Office; Flex -Tech; Warehouse Distribution and/or Other B-3 District By -right Land Use 10. If residential uses are proposed, provide the following: a) Density: N/A b) Number of Units: N/A c) Housing Types: N/A 11. Adjoining Property use and zoning: USE North Refer to Adjolner Map & Plan of Development East South " West " ZONING Refer to Adjoiner Map & Plan of Development 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. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): (,� . Date: 8115 1 /11 Date: Owner(s): 11 Date: Date: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Winchester-81 LLC (Phone) (302) 227-9282 (Address) 14144 Walton Drive, Manassas, VA 20112 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. on Page Deed Book 813 on Page 953 Parcel: 75 Lot: IOA Block:A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 20186 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ® Subdivision ® Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 2D t 1 In witness thereof, I (w hereto )hand and seal thisZ day of c , 209 Signature(s) State of Virgfn"ia, City/,ounty f To -wit: I, L tell�Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has wledged the same before me in the jurisdiction aforesaid this254(Aday of 60i i ,100L. 2611 svl"'M5.1;ommission Expires: F-f-lo, 2-Gi so 1 Z tary,Pblic . „• •'yiE�� Tti' ; 0.0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, 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) Winchester-81 LLC (Phone) (302) 227-9282 (Address) 14144 Walton Drive, Manassas, VA 20112 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. on Page Deed Book 813 on Page 953 Parcel: 75 Lot: l0A B1ock:A Section: do hereby make, constitute and appoint: (Name) Fallon, Myers & Marshall, LLP (Phone) (540) 349-4633 (Address) 110 Main St. Warrenton, VA 20186 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ® Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I av her OV set my (our) hand and seal thiday od 201 L .•'•AMID, •bNe! Signature(s) O State of Virginia, Ci / oun f 2 To -wit: N .A— I, Donn L HZ459a Notary Public in and for the jurisdiction aforesaid, certify the person(s) s ����+'O'J�;. O ` 1 l r3 J �' P O w". i, p signed to the foregoing instrument and who 1(are) known to me, personally appeared before me and ac o ledged the same before me in the jurisdiction aforesaid this 2Wday of EeDiPAIK(2001. My Commission Expires: � Z Notary Public Z15�1 a- 6 &n 4 2-q(p I0(O Q Urquhart Property Adjoiners 7 / 880 x 881 0 �e 75A 6B 41A y 8 75A 68 41 m � u b 0 N m qqb V / PIN MLNAM IMFNAM MADD1 MADD2 MZIP5 75 5 8 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTERVA 22603 75 A 10A WINCHESTER-81 L L C C/O UROLh44RT 8 CO 14144 WALTON DR MAVASSAS VA 20112 75 A 9 BENNINGTON CLAYTON J. 3688 VALLEY PIKE WINCHESTER VA 22602 63 A 65 ROSALEEADAMS PROPERTIES LLC 38 ROUSS AVE WINCHESTER VA 22601 63 A 85 VALLEY PROPERTIES LIMITED PR C/O DELOITTE TAX LLP/PROP TAX SERV 191 PEACHTREE ST NE STE 1500 ATL ANTA GA 30303 63 A 64 COLLINS MICHAEL ANDREW 3670 VALLEY PIKE WINCHESTERVA 22602 63 A 63 VIRGINIA STATE POLICE 3680 VALLEY PIKE WINCHESTER VA 22602 75 A 92 GLAIZE DEVELOPMENT CORP PO BOX 888 WINCHESTERVA 22604 75 A 90 GLAIZE DEV ELOPM ENTS INC PO BOX 888 WINCHESTER VA 22604 75A 6 B 41A PROSPERITY DRIVE DEV GROUP LLC 180 PROSPERITY DR STE 3 WINCHESTER VA 22602 75A 6 B 41 VANCO LLC C/O LEE WHITACRISIFIT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTER VA 22602 75A 6 B 41B SRB PROPERTIES LLC 1890 PRESTON WHITE DR STE 300 RESTON VA 20191 75A 72 3 FRALEY CONSTRUCTION LLC 1802 CHESTNUT GROVE RD WINCHESTERVA 22603 - 75 A 91 K KTJ LIMITED PARTNERSHIP 133 C/O OPPIDON INVESTMENT CO 5125 CITY FID 101 #100 MINNETONKA M 55345 75 5 1 ORANGE PARTNERS LLC 500 PEGASUS CT WINCHESTERVA 22602 75A 6B 12A NEFF MARY ELLEN 3850 VALLEY PIKE WINCHESTER VA 22602 75 A 91B RAINIER GMVA10 LLC C/O RAINIER PROPERTIES LP 13760 NOEL RD STE 800 DAL.LAS TX 75240 75 A 91J KTJ LTD PR 162 5125 CITY RD 101 N100 MINNETONKA M 55345 75 A 91C HODGSON CONSTRUCTION LLC 1180 APPLE PIE RIDGE RD WINCHESTER VA 22603 75 A 7 VANCO LLC C/O LEE WHITACRFIRT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTERVA 22602 75 5 2 HOMESTYLE HOSPITALITY LLC 500 PEGASUS CT WINCHESTER VA 22602 75 A 5 VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTER VA 22602 83 A 85 �\ 7; °° c w 75 A 91B 75 A 10A Feet 500 250 0 500 a 6ENfR-AL ,VOTES I INT NOTES 1 LECEND 1 VICIA"In' JIAP --d i,, th, —Lmu,ti— .,f tl�� 1--x —Irl,— W it.. 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SMITH v No.002009 z a J � w z � LLI o 0- 0 j F- ww Z U 1iJ w > N U Z Z Co ~ i a D z N w w o LL. 0 Q a 0 � U � o r J Z w J w �3 a z a m W to Li F N U5 W U Z DATE:A000ST 12. 2011 SCALE: 1" - 100' DESIGNED BY: JNT FILE NO, 4926U SHEET 2 OF 3 DWG# 11-01 E • 1 \X 1 I srearAun- 1 J ALA _ pE1WAOR 1 I \I 1 fI I i 1\ 1 � 1 T8 I II IIII 11 III \ I. 1 1 I 1 I 1 .I 1 1 I T� I II 1 11 111 .1 III • iAprfiNA1R 1 Tx 1 1 1If 1 1 1 1 1 i 1 t III 11 1 I 1 11 I j j � I II I II 11 I 1 II It II 1 ' I 1 I 1 i 1it I1 I I 1 1 A' _ Lit - _ _ _ •.� >s �1CA;q \ ! 1 1 11 I 1 \ 1 I \ 1 I1 i \ I A \ y 11 ' �i II'11 \ I I 1`\\ 1 \\ 0 { ' 1 , I ; \1 _ P11�m wa I� 1 III ,\ I 1 \ \\ h Mft-f1oAMA010IAL I '* +; .n..e■ � � � I I �sCt 11 . I,' 11 T" -- jb'---10--10 TYP -LYE- SYP---------------------- 100' Ct(+TEGORY 75' INACTIVE C" BUFFER Pig-----� --- - --- -�-------------------- CATEGORY "C" BUFFER TYPICAL DETAIL N" MIN RF.QI'IRFAIFNT FOR B7 (INDI-:TRIAI. TRANSITION DISTRICT) I'HON'1P,w-,3 nr Arlrri.-,I Hif•I-.,y, 50 FI:I"I' FRONT: II,b<m Local S(—k i h'EITf SIDE: 15 FEET HI;\H. li VEIN I'\H (PI... In —., to Int -1 m) I0 NIINIIMI)\I IAND7 CAPVD AREA �'i MAXIMUM HF.ICHT 35 FEET' "LNLE,S EAC'EI IIO\" OF SEC-I'ION 165--'UIUJ OF THE FREDERIL6 COUNTY ZONING ORDINANCE APPLIES n\'1'RAIJ ?.IT/'. FNVIP.OAIF\TAI. FFATI'RES 'IV Ph ('F;h.aCrl Ula'11 HHIfD VROIk C-rrD IT OODPI AIN U D (O :) 0 N\'11R\I I'OHAIp \II.H () 0 P.) 0 HE 'I LN HON AREAS N I: FI.ANDS 0 o (a-) 0 STEEP ST OPF ( -,0 'CHI A2�T I (�) NI UICTIONA1 W4Tt:H OR NI"I'I ANDS O\ 1Hh IFI. \S DEMONYIRVIKO BY I' IL: L.S ARMY COMB OF ENGINEEIR� EILEV .APPROVED WETLAND CONFIRMATION DATED MARCH 11) '00,1 \ It I 1 II \\ \\ \ SIORAI IIAI'I:H M\NAGI'AIINT N\HH1'IIVE -TORM 1TATER MANAGEMENT WILL BE PRO\IDED THP,n1 C,H O\-STP .STORM WATER T)PTFNTION AS HFODIKr:D H1 'I•HE PHY,SN'AI FKAT•1. RES lH THE PHOPI H'I'a IND BY \PPKO\ \I Or IHr FNEOI.HICK 1 ('01 NI) PI HHC WOHK.S OKPARI'AH:\•I -RI 1 i,l 11 \ PI IC AV ATFR A SEWER EASEMENTS I i THE PROPERTY ) S 4.1 P (7\IIII: I:A.I'1'AI I:NTS ALONG INI•F.RIOH PROPEWI'Y IIN1:S To AI.I DIP FOR THF. CONNFrTION OF PURI.IC WATER AND SEWER WITHIN THR DEVELOPMENT RIGHT-nr WAY ✓i,. `,� �'� I, I 11 11 1 1 \\ \A\ \HF\ IN PROPOSED H, 11 0.00 \CRES _ 13.1591 ACRES } I MAw fAAAMIMMIILL PMAAP ATA110M.� �M11Al AOQATON 11T«wA�A�gI rAwoRlsrr III i II ''�'u>u-'� :�'="-'• ? __`"� ^ � �`��� TYPICAL PAVEMENT SECTION NOT TO SCALE — 1.5"SM-12.5A SURFACE COURSE 3' BM-25.0 BASE COURSE B" SUBBASE VDOT STD. GR-21A OMPACTED SUBGRADE (COMPACTED TO 951E DENSITY AT OPTIMUM MOISTURE CONTENT VDOT VTM-1 METHOD) PAVEMENT DESIGN BASED ON A SUBCRADE CBR DESIGN VALUE OF 6 SOIL TEST OF THE SO GRADE MUST SUBMITTED FOR ACTUAL DETERMINATION OF REOUIRED PAVEMENT SECTION THICKNESS PRIOR 10 CONSTRUCTION- PN, SECT PAVFMFNT OPSIM CNAI I MFTT VDnT PAVEMENT DFgCN rJADF rM CI IIINVI M AND SECONDARY ROADS IN VIRGINIA. THE TYPICAL SECTION SHOWN ABOVE MAY INCREASE OR DECREASE BASED ON THE CBR DESIGN VALUE CONSISTENT WITH VDOT DESIGN CRITERIA. I I lii It � I( •1, I 1 1 II 1 ,� 1 A� �\ I i 1 RAMP, 09r i V III � .✓- it 1 1 __._ -- - - EXIT 310 I 11 I I 1 100 0 100 200 iiii srAlF• 1^ = 1nn' Y AN 0.MA T MMAA4 (:1-A SMNEI 1' tl f' � 91E RAM T yrt. z\ `� ASPHALT TRAIL DETAIL (NOT 70 SCALE) LEGEND C& FIRE HYDRANT \.— WATERLINE — SANITARY SEWER LINE —SANITIARY SEWER FORCE MAIN ZONING DISTRICT BUFFER (SEE DETAILS) F7STORM WATER MANAGEMENT z O V) w 0 Z cc W W Z W o m 3 �m° 12 V) q c W r q u l c }i oar V oNa s c � MARK D. SMITH No.002009 Z Q J Z Ld K LLI a a O Z U LLJ a Q a LLI M y > Z O N y Of J J Z O Nww a Z) LLIw O z Q (n Y y M LL CO U at O a D' z U p J LLI J Q w Of FOa3 I Q as o it Z w J (n LLI U Z 3 DATE: AUGUST 12, 2011 SCALE: 1" - 100' DESIGNED BY: JNT FILE NO. 4926U SHEET 3 OF 3 DWG{ 11-01 • y--- GREENWAY ENGINEERING, 151 Windy Hill Lane �l Q f� Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL 8EP242012 i Project Name: Winchester I-81 Final Master Development Plan Pi Nil File No: 4926U Date: Fri, Sep 21, 2012 To: FC Planning Attn: Mike Ruddy Copied Delivery: ❑ Fed Ex ❑ Other_ ❑ U.S. Mail From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑ Courier ❑ Pick Up ❑ Urgent ❑ For Your Review ❑ As You Requested ❑� Please Comment Message Hi Mike, I have attached seven sets of the final MDP for your approval. Please advise me when the approved plans are available and we will make arrangements to pick them up. Thanks, Evan Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: C� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 29, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-12 OF WINCHESTER-81 LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 12, 2012 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 #05-12 for Winchester-81 LLC, submitted by Greenway Engineering, for Commercial Uses. The property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313, in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A- 10A. 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, Michael T. Ruddy, AICP Deputy Planning Director MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify fat the attached correspondence w*mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 63 • A- • 64• ----------------------- --- -- --- COLLINS MARTIN ANDREW 75 • A- - 10-A PO BOX 150 WINCHESTER-81 L L C HIGH VIEW WV 26808.0150 CIO URO.UHART & CO- 14144 WALTON DR 63 - A- . 63- MANASSAS VA 20112.3701 VIRGINIA STATE POLICE 3680 VALLEY PIKE WINCHESTER VA 22602.2453 Greenway Engineering - 151 Windy Hill Lane 75 A• . 92- Winchester, VA 22602 GLAIZE DEVELOPMENT CORP PO BOX 888 75 -5- - B• j WINCHESTER VA 22604-0888 COMMONWEALTH OF VIRGINIA 75A - 6. B. 41-A - DEPARTMENT OF TRANSPORTATION PROSPERITY DRIVE DEV GROUP LLC 2275 NORTHWESTERN PIKE 180 PROSPERITY DR STE 3 WINCHESTER VA 22603-3955 WINCHESTER VA 22602.5384 75 -A- - 9 - -- BENNINGTON CLAYTON J 75A - 6. B. 41- LLC 3688 VALLEY PIKE WINCHESTER VA 22602.2453 CCO ON LEE WHITACREIRT 37 SELF STOR i � - ---- - - -- -- - - - ! 3862 VALLEY PIKE 63 A- - 65- WINCHESTER VA 22602.2455 DAVE HOLLIDAY RENTALS LLC- 420 W JUBAL EARLY DR STE 103 j WINCHESTER VA 22601-6435 63 A- - 85- CO LANDLORD MULTI LLC - - - - CIO LESLIE SHANAHAN SR PR TAX AC 2635 E MILLBROOK RD GENERAL PA Michael T. Ruddy, Deputy Plannim/gy Director RALEIGH NC 27604 Frederick County Planning Department STATE OF VIRGIl'qlA COUNTY OF FREDERICK - P I, .&� �-� , j , a Notary Public in and for the State and County aforesaid, do reby certify that Mic1gel. T. Ruddy, Deputy Planning Director for the Department of Planning an Development, whose name is signed to the foregoing, dated C , has personally appeared before me and acknowledged the same in my State d County aforesaid. Given under my hand this day of My commission expires on BEVNOTARY PUBLIC REGISTRATION # 331878 Ec MMONWEALTH OF VIRGINIA Y CA MIuLy 31ON EXPIRES NOTARY UC' 75A - 6- B- 41-B SRB PROPERTIES LLC 9075 EUCLID AVE MANASSAS VA 20110.5306 75A - 7- 2. 3- FRALEY CONSTRUCTION LLC 1802 CHESTNUT GROVE RD WINCHESTER VA 22603-2316 75 -A- - 91-K KTJ LIMITED PARTNERSHIP 133 CIO OPPIDON INVESTMENT CO 5125 CITY RD 101 #100 MINNETONKA MN 55345 75 - 5- - 1- NERANGIS PROPERTIES LLC 500 PEGASUS CT WINCHESTER VA 22602.4596 75A - 6- B- 12-A NEFF MARY ELLEN 3850 VALLEY PIKE WINCHESTER VA 22602.2455 75 -A- - 91-B RAINIER GMVA10 LLC CIO RAINIER PROPERTIES LP 13760 NOEL RD STE 800 DALLAS TX 75240-1307 75 -A- - 91-J KTJ LTD PR 162 5125 CITY RD 101 #100 MINNETONKA MN 55345 75 -A- - 91-C HODGSON CONSTRUCTION LLC 221 COMMONWEALTH CT WINCHESTER VA 22602.5347 75 - A- - 7- VANCO LLC CIO JO ANN WHITACRE 102ELDERBERRY DR WINCHESTER VA 22603.4212 75 - 5- - 2- HOMESTYLE HOSPITALITY LLC 500 PEGASUS CT WINCHESTER VA 22602.4596 • • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 3, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #04-12 OF WINCHESTER-81 LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 15, 2012 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 #05-12 for Winchester-81 LLC, submitted by Greenway Engineering, for Commercial Uses. The property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313, in the Back Creek Magisterial District, and is identified by Property Identification Number 75-A- 1 OA. 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, Michael T. Ruddy, AICP Deputy Planning Director MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that th t`iached correspondence w0mailed to the following on from the Department of Plam-d g and Development, Frederick County, Virginia: - - - — - - --- - - 63 • A- - 64• 75 -A- - 10-A COLLINS MARTIN ANDREW WINCHESTER-81 L L C PO BOX 150 CIO UROUHART & CO HIGH VIEW WV 26808.0150 14144 WALTON DR - - MANASSAS VA 20112-3701 63 - A• - 63- VIRGINIA STATE POLICE Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 75 -5- - B- COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTER VA 22603-3955 75 - A- 9- BENNINGTON CLAYTON J 3688 VALLEY PIKE WINCHESTER VA 22602.2453 63 - A- - 65- DAVE HOLLIDAY RENTALS LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601.6435 - — -- 63 - A- - 85- CO. LANDLORD MULTI LLC CIO LESLIE SHANAHAN SR PR TAX AC 2635 E MILLBROOK RD GENERAL PA 11 RALEIGH NC 27604 STATE OF VIRGIl4A COUNTY OF FREDERICK 3680 VALLEY PIKE WINCHESTER VA 22602.2453 75 - A- - 92• - GLAIZE DEVELOPMENT CORP PO BOX 888 WINCHESTER VA 22604.0888 75A - 6- B- 41-A PROSPERITY DRIVE DEV GROUP LLC 180 PROSPERITY DR STE 3 WINCHESTER VA 22602.5384 75A - 6- B- 41- VANCO LLC CIO LEE WHITACRE►RT 37 SELF STOR 3862 VALLEY PIKE WINCHESTER VA 22602.2455 Michael T. Rudd De u Planning Direct Y� P tY g Frederick County Pla��i.ng Department Dim L � a Notary Public in and for the State and County aforesaid, do reby certify that Mich 1 T. Ruddy, Deputy Planning Director for the Department of Planning ` d Development, whose name is signed to the foregoing, dated A'/� , has personally appeared before me and acknowledged the same in my State dnd County aforesaid. Given under my hand this day of o My commission expires on q toz'tsA•1nr S3HIdX3 NOISSIV0400 AV' tlIN8L8l££O# N011dalsl93a oo NOT UBLIC 0119f1d A14VION !l3JNI1130 •H Al»3A39 75A • 6- B• 41-B � • SRB PROPERTIES LLC 9075 EUCLID AVE MANASSAS VA 20110.5306 75A - 7- 2- 3- FRALEY CONSTRUCTION LLC 1802 CHESTNUT GROVE RD WINCHESTER VA 22603-2316 75 -A- - 91-K KTJ LIMITED PARTNERSHIP 133 CIO OPPIDON INVESTMENT CO 5125 CITY RD 101 #100 MINNETONKA MN 55345 75 -5- - 1- NERANGIS PROPERTIES LLC 500 PEGASUS CT WINCHESTER VA 22602.4596 75A - 6- B- 12-A NEFF MARY ELLEN 3850 VALLEY PIKE WINCHESTER VA 22602.2455 75 -A- - 91-B RAINIER GMVA10 LLC CIO RAINIER PROPERTIES LP 13760 NOEL RD STE 800 DALLAS TX 75240-1307 75 -A- - 91-1 KTJ LTD PR 162 5125 CITY RD 101 #100 MINNETONKA MN 55345 75 -A- - 91-C HODGSON CONSTRUCTION LLC 221 COMMONWEALTH CT WINCHESTER VA 22602.5347 75 - A- - 7- VANCO LLC CIO JO ANN WHITACRE 102 ELDERBERRY DR WINCHESTER VA 22603.4212 75 -5- - 2- HOMESTYLE HOSPITALITY LLC 500 PEGASUS CT WINCHESTER VA 22602.4596 /tCP *� ds,/a P Itj 4�- 7!�_-A IC A' - PIN MLNAM 75 5 B COMMONWEALTH OF VIRGINIA 75 - A A 10A y WINCHESTER-81 L L C 75 A 9 'BENNINGTON CLAYTON J 63 A 65 ROSALEEADAMS PROPERTIES LLC 63 A 85 I/' VALLEY PROPERTIESLIMITEDPR 63 A 64 ✓' COLLINS MICHAEL ANDREW 63 A 63 VIRGINIA STATE POLICE 75 A 92 v' GLAIZE DEVELOPMENT CO& 75 A 90 GLAIZEDEVELOPMENTSINC 75A 6 B 41A PROSPERITY DRIVEDEV GROUP LLC 75A 6 B 41 VANCO LLC 75A 6 B 41 B SRB PROPERTIES LLC 754 72 3 LEY CONSTRUCTION LLC 75 A 91K KTJ LIMITED PARTNERSHIP 133 75 5 1 ✓ ORANGE PARTNERS LLC 75A 6 B 12A ,-NNEFF MARY ELLEN 75 A 91 B RAINIER GMVA10 LLC 75 A 91 J KTJ LTD PR 162 75 A 91 C HODGSON CONSTRUCTION LLC 75 A 7 VANCO LLC 75 5 2 HOM ESTYLE HOSPITALITY LLC 75 A 5 VANCO LLC [[U —rq u h a ADroperty Adjoiners 75A 6 B 41 A 75A 6 B 41 TO:BARBARA-DATA PROCESSING FROW BEV - PI nning Dept. Please rp in � sets of labels by MFNAM MADD1 MADD2 1 MZIP5 DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTER VA 22603 C/O URQUHART & CO 14144 WALTON DR MAAASSAS VA 2011. 12 3688 VALLEY PIKE WINCHESTER VA 22602 38 ROUSS AVE W114CHESTER VA 22601 C/O DELOITTE TAX LLP/PROP TAX SERV 191 PEACHTREE ST NE STE 1500 ATL.ANTA GA 30303 3670 VALLEY PIKE WINCHESTER VA 22602 3680 VALLEY PIKE WINCHESTER V A 22602 PO BOX 888__ WINCHESTER VA 22604, PO BOX 888 WINCHESTER VA 22604 180 PROSPERITY DR STE 3 WINCHESTER VA 22602 C/O LEE WHITACRE(RT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTER VA 22602 1890 PRESTON WHITE DR STE300 RESTON VA 20191 1802 CHESTNUT GROVERD WINCHESTER VA 22603 C/O OPPIDON INV ESTM ENT CO 5125 CITY RD 101 #100 M INNETONKA M 55345 500 PEGASUS CT WINCHESTER VA 22602 3850 VALLEY PIKE WINCHESTER VA 22602 C/O RAINIER PROPERTIES LP 13760 NOEL RI) STE800 D6,LLAS TX 75240 ............... 5125 CITY RD 101 #100 M INNETONKA M 55345 1180 APPLE PIE RIDGE RD W;NCHESTER VA 22603 C/O LEE WHITACRE/RT 37 SELF STORAGE 3862 VALLEY PIKE W?NCHESTER VA 22602 500 PEGASUS CT WINCHESTER VA 22602 C/O LEE WHITACRE/RT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTER VA 22602 MASTER DEVELOPMENT PLAN #05-12 WINCHESTER-81 LLC Staff Report for the Planning Commission Prepared: July 30, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 08/15/12 Pending Board of Supervisors: 09/12/12 Pending PROPOSAL: Commercial Uses: Office, Flex -Tech, Warehouse Distribution and other B3 District by - right land uses. MAGISTERIAL DISTRICT: Shawnee LOCATION: The subject property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313. STAFF CONCLUSIONS FOR THE 08/15/12 PLANNING COMMISSION MEETING: The Winchester-81 LLC Master Development Plan proposes a commercial development on approximately 23 acres of land zoned B3 (Industrial Transition) District. The MDP depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. Due consideration has been given to the Interstate 81 Improvement Project. However, at this time, no accommodations for the project have been made. This MDP is in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. Staff is seeking comments from the Planning Commission. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #05-12, Winchester-8ILC July 30, 2012 Page 2 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. LOCATION: The subject property is located on the north side of Route 37, the east side of Route 11 and the west side of Interstate 81, in the northwest quadrant of Interstate 81 Exit 313. � MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-10A PROPERTY ZONING & PRESENT USE: Zoned: B3 (Business, Industrial Transition) District Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: B2 (Business General) Use: Commercial , B3 (Industrial transition) Distribution South: B2 (Business General) Use: Commercial East: B2 (Business General) Use: Vacant (Crosspointe) West: RP (Residential Performance) Use: Residential PROPOSAL: Commercial: Office, Flex -Tech, Warehouse Distribution and other B3 District by -right land uses. REVIEW EVALUATIONS: Virginia Department of Transportation: The Master Development Plan for this property appears to have significant measurable impact on Routes 1167 and 11, the VDOT facilities which would provide access to the property. 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, 7th 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. MDP #05-12, Winchester-81 LLC July 30, 2012 Page 3 Frederick County Fire & Rescue: Plans approved as submitted. Frederick County Fire Marshal: Plans approved as submitted. Frederick County Public Works: Based on our review, we understand that the owner plans to develop approximately 23 acres of B3 zoned property as an extension of Commonwealth Court. The proposed extension and associated cul-de-sac indicates four entrances. A review of sheet 3 of 3 indicated a general location for a proposed stormwater management facility. This location should be coordinated with the Virginia Department of Transportation to ensure that it does not conflict with any future improvements to the I-81/Route 37/Route 11 interchanges. In addition, a note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Dedicated drainage easements may be required to route the runoff through the proposed I-81 site. An evaluation of the existing culvert under Route 37 shall be included in the design of the stormwater management facility. It should be noted that the actual design of the stormwater management plan for this site will, most likely, occur after the new stormwater regulations have been implemented by the Commonwealth. Frederick Countv Inspections Department: No comments required at this time. Shall comment on site plan. Frederick County Sanitation Authority: First review — one item — correct and resubmit. Winchester Regional Airport: It appears that the proposed master development plan will not have an impact on operations at the Winchester Regional Airport. The proposed site does lie within the airport's airspace; however, it falls outside of the airport's Part 77 close in surfaces. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Planning & Zoning: Please see attached letters from Candice E. Perkins, Senior Planner, dated October 6, 2012, September 19, 2011 and June 25, 2011. Af Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The adjacent Commonwealth Business Center Master Development Plan (MDP #03-99) was approved in July of 1999 and subsequently revised in June 2006 (MDP #05-06) 'to enable the 9 0 MDP #05-12, Winchester-81 LLC July 30, 2012 Page 4 development of the Gander Mountain and Camping World commercial projects which included the extension of Commonwealth Court to this site. Q Site Suitability & Pro.iect Scope Comprehensive Policy Plan: The Frederick County 2030 Comprehensive 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. Land Use Compatibility: The proposed 23.15 acre parcel is zoned B3 (Industrial Transition) District and is within the SWSA (Sewer and Water Service Area). The Comprehensive Policy Plan states: The Urban Development Area defines the general area in which more intensive forms of residential development will occur. Commercial, industrial, and institutional land uses are also encouraged within the Urban Development Area. The Sewer and Water Service Area is consistent with the Urban Development Area in many locations. However, the Sewer and Water Service Area may extend beyond the Urban Development Area to promote commercial, industrial, and institutional land uses in areas where residential land uses are not desirable. Site Access and Transportation: Access to the site is proposed via an extension of existing Commonwealth Court, Route 1176. The general location of the site entrances are shown on the Master Development Plan. Commonwealth Court provides a direct connection to Route 11 at. an existing signalized intersection. The Interstate 81, Exit 310 Interchange Improvement Project is adjacent to this property. Areas of this property have been identified as being within the limits of the project. The MDP does not reflect this project or the right-of-way needs associated with it. At this time, the Master Development Plan is moving forward without recognition of this project. VDOT has commented: The Master Development Plan for this property appears to have significant measurable impact on Routes 1167 and 11, the VDOT facilities which would provide access to the property. Buffers, Screening and Waivers: The proposed preliminary master development plan will be providing a C category buffer with a full screen adjacent to the west property line as it fronts on Route 11, directly across from the properties zoned RP (Residential Performance). The full screen buffer includes three plants per 10 linear feet; 1/3 deciduous trees, 1/3 evergreen trees, and 1/3 shrubs. A 6 foot high earthen berm or board -on -board opaque fence is to be provided. MDP #05-12, Winchester-81 LLC July 30, 2012 Page 5 STAFF CONCLUSIONS FOR THE 08/15/12 PLANNING COMMISSION MEETING: The Winchester-81 LLC Master Development Plan proposes a commercial development on approximately 23 acres of land zoned B3 (Industrial Transition) District. The MDP depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. Due consideration has been given to the Interstate 81 Improvement Project. However, at this time, no accommodations for the project have been made. This MDP is in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. Staff is seeking comments from the Planning Commission. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. r • ' u UrquhaTf Property Adjoiners 3 75A 6 B 41 A h �Sq G n 75A 6 B 41 9 12q m a m /�e Arm PIN I MLNAM MFNAM MADD1 MADD2 MZIP5 75 5 B COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTER VA 22603 75 A 10A WINCHESTER-81 L L C C/O URQUHART & CO 14144 WALTON DR MA VASSAS VA 20112 75 A 9 BENNINGTON CLAYTON J. 3688 VALLEY PIKE WINCHESTER VA 22602 63 A 65 ROSALEE ADAMS PROPERTIES LLC 38 ROUSS AVE WINCHESTER VA' 22601 63 A 85 VALLEY PROPERTIES LIMITED PR C/O DIELOITTETAX LLP/PROP TAX SERV 191 PEACFIT REE ST NE STE 1500 AT ANTA GA 30303 63 A 64 COLLINS MICHAEL ANDREW 3670 VALLEY PIKE WINCHESTER VA 22602 63 A 63 VIRGINIA STATE POLICE 3680 VALLEY PIKE WINCHESTER VA 22602 75 A 92 GLAIZE DEVELOPMENT CORP PO BOX 888 WINCHESTER VA 22604 75 A 90 GLAIZE DEVELOPMENTS INC PO BOX 888 WINCHESTER VA 22604 75A 6 B 41 A PROSPERITY DRIVE DEV GROUP LLC 180 PROSPERITY DR STE 3 WINCHESTER VA 22602 75A 6 B 41 VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 3862 VALLEY PIKE WINCHESTER VA 22602 75A 6 B 41B SRB PROPERTIES LLC 1890 PRESTON WHITE DR STE 300 RESTON VA 20191 75A 72 3� FRALEY CONSTRUCTION LLC 1802 CHESTNUT GROVE RD WINCHESTER VA 22603 75 A 91K KTJ LIMITED PARTNERSHIP 133 C/O OPPIDON INVESTMENT CO 5125 CITY RD 101 #100 MINNETONKA M 55345 75 5 1 ORANGE PARTNERS LLC 1500 PEGASUS CT WINCHESTER VA 22602 75A 6 B 12A NEFF MARY ELLEN 3850 VALLEY PIKE WINCHESTER VA 22602 75 A 91B RAINIER GMVA10 LLC C/O RAINIERPFIOPERTIES LP 13760 NOEL RD STE800 DAL.LAS TX 75240 75 A 91J KTJ LTD PR 162 5125 CITY RD 101 #100 MINNETONKA M 55345 75 A 91C HODGSON CONSTRUCTION LLC 1180 APPLE PIE RIDGE RD WINCHESTE14-VAT 22603 75 A 7 VANCO LLC C/O LEE WHITACRE(RT 37 SELF STORAGE 3862 VALLEY PIKE WINCHI STER VA 22602 75 5 2 HOM ESTYLE HOSPITALITY LLC 500 PEGASUS CT WINCHESTER VA 22602 75 A 5 VANCO LLC C/O LEE WHITACRE/RT 37 SELF STORAGE 3862 VALLEY PIKE WIN'CHESTER VA 22602 e co 63 A 85 AA Av33 75 A 91C A 9 75 A 91 B // / / PLO/ 1y� 75 A 10A J I N Ca U) n / 75 A 90 Feet 500 250 0 500 KFAWW FOR WASTER DEVELOPSIVff MAN COM UMM Vim. Depw toy of T . M" Virginia Dgxwtment of Transportation Ado: Resident Engineer 14031 Old Valley Pike E&*wy, Vim 22824 Phone: (540) 984-%M �IIM11_d4ljEY�1' �: Virginia ent of Transportation Attn: Resident Engineer 227E Northwestern Pike Winchester, Virginia 22603 AWearrn It is your respans6 ro.00mpkte fiotm U scewaidy w possbk is order to assist the agency with �aie aft itiiRe a"''�? Applicant's Nance: Greenway Engineering Telephone: (540) 662-4185 ?Aailing Aug, 151 Windy Hill Lane Winchester, VA 22602 Name of &velopQnent and/or desmptuan of the request: Winchester-81 LLC Master Development Plan - Plan of Development L"ation of Pmpclty: North side of Route 37; Fast side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 V' Deparhnent of T ion Comments: The Master Development Plan �or this property appears to have significant measurable impact on R y filizil C0111111ulits, this affice will [equile d complete set of site plam" draindger-alculatiam, and hafft d t o y i - - o apply to this office for issuance of appropriate permits to cover said work. iRahwo Form to Is • � FILE COPY 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 Phone: (540) 984-5600 Applicant: It is your review._ Please attach' Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 bility to complete this form as accurately as possible in order to assist the agency with their copies of the Master Development Plan with this sheet*...:.:..: Applicant's Name: Greenway Engineering Mailing Address: 151 windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Winchester-81 LLC Master Development Plan - Plan of Development Telephone: (540) 6624185 Location of Property: North side of Route 37: East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated June 17, 2011. i -VDOT USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) { Date Reviewed ? Revision Required ` Ite Approved i t VDOT,Signature &Date:' v 06/ 17/ 11 i t "f Please Return Form to Applicant*" 18 Winchester-81 LLC - VDOT Cments to MDP Page 1 of 1 0 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram @ VDOT.virginia.gov] Sent: Friday, June 17, 2011 11:07 AM To: Evan Wyatt Cc: Smith, Matthew, P.E.; Ingram, Lloyd; John.Bishop; Candice Perkins Subject: Winchester-81 LLC - VDOT Comments to MDP The master development plan for this property appears to have significant measurable impact on Routes 11 and 1167 (Commonwealth Boulevard), the VDOT facilities which would provide access to the property. It appears this submittal does not reflect the, property that will be utilized as part of the Interstate 81, Exit 310 Interchange Improvement Project. VDOT recommends situating lots/uses in conformance with long-standing I-81 improvement plans, so that all proposed parcels need not be affected by the planned Interstate improvements. Early development plans previously provided to Greenway may be provided by the Department again if necessary. Once the I-81 improvement plans are shown on the MDP, VDOT will complete its review. Until then, it has been determined this is an incomplete submittal and VDOT cannot support it at this time. 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. <<comment sheet.pdf>> Lloyd A. Ingram, Land Development. Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone # (540) 984-5611 Fax # (540) 984-5607 7/18/2011 rax ivum • a0*2 ,an a70O • Control number MDP11-0004 Project Name Winchester-81 LLC, Address 151 windy Hill Lane Type Application Master Development Current Zoning B3 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans a.oproved as subl-rilled. istltf—tl4-11 f� Frederick County Fire and Rescue Department Office of the Fire Marshal Dian review and Comments Date received Date reviewed Date Revised 6/29/2011 8/4/2011 Applicant Geenway Engineering City Stale Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 75-A-10 11 11 Recommendations Automatic Fire Alarm System Yes o f risen " Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes S. Mark Showers Title UO—V7-11 d.a..Pa ry• db 0 `'_ il. REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Fire Marshal Comment Mail to: Frederick County Fire Marshal Attn: Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 Hand deliver to: Public Safety Building 1800 Coverstone Drive Winchester, Virginia 22602 Phone: (540) 665-6350 _......... ---- - - - ---- - - - ----- ------------------ ------ - - ---- ii Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) co2ies of the Master Development Plan with this sheet Applicants Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Winchester-81 LLC Master Development Plan - Plan of Development Telephone: (540) 662-4185 Location of Property: North side of Route 37; East side of Route 11; West side of Interstate 81: Northwest Quadrant of Interstate 81 Exit 313 Fire Marshal Comm-eqts: ��,Dit��ar✓ `J�SfI� !�t i111`� 22 • COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 July 8, 2011 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Master Development Plan for Winchester - 81, LLC Frederick County, Virginia Dear Evan: We have completed our review of the proposed master development plan for Winchester - 81, LLC. Based on our review, we understand that the owner plans to develop approximately 23 acres of B-3 zoned property as an extension of Commonwealth Court. The proposed extension and associated cul-de-sac indicate four (4) entrances. A review of sheet 3 of 3 indicated a general location for a proposed stormwater management facility. This location should be coordinated with the Virginia Department of Transportation to insure that it does not conflict with any future improvements to the I-81/Route 37/Route 11 interchanges. In addition, a note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Dedicated drainage easements may be required to route the runoff through the proposed I-81 site. An evaluation of the existing culvert under Route 37 shall be included in the design of the stormwater management facility. It should be noted that the actual design of the stormwater management plan for this site will, most likely, occur after the new stormwater regulations have been implemented by the Commonwealth. I can be reached at 722-8214 if you should have any questions regarding our comments related to future stormwater design. Sincerely, Harvey 1si4 Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file t\Rhonda\TEMPCOMMENTS\WINCHESTER-81,LLC PMDPCOM.doc • REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Phone: (540) 665-5650 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Master Development Plan with this sheet. Applicants Name: Greenway Engineering Mailing Address 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Winchester-81 LLC Master Development Plan - Plan of Development Telephone: (540) 662-4185 Location of Property: North side of Route 37; East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 Inspections Comments: kd L / C n c2i YYL .y.., , Ain C . 7 C> /% s, ✓ f v/F'� i (' -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Date Approved __CSignature & Date: __ Z ** Pie Return Form to Applicant** U REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Sanitation Authority Comment Mail to: Hand deliver to: Frederick County Sanitation Authority FCSA Attn: Engineer 315 Tasker Road P.O. Box 1877 Stephens City, Virginia 22655 Stephens City, Virginia 22655 Phone: (540) 868-1061 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Master Development Plan with this sheet Applicants Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Telephone: (540) 662-4185 Winchester, VA 22602 Name of development and/or description of the request: Winchester-81 LLC Master Development Plan - Plan of Development Location of Property: North side of Route 37; East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 FCSA Comments: Date Received _ Date Reviewed _ Revision Required Signature & Date: -FCSA USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved d-AQ / 0/__ ** Please Return Form to Applicant** 23 JUL 19 "U11 GREENWAY ENGINEERING .5Qi 35: • �� ,FC�,r• 15' 15' 35' *UNLESS EXCEPTIONS OF SECTION 165-201.03 OF THE FREDERICK COUNTY 'ZONING ORDINACE APPLIES FCSA Project Information Water and Sanitary Sewer Usage 1 o, 31", water demand S gpd roffered sanitary sewer discharge a� 3-3 gpd w x -3, Indu r: calculation of demandidischarge Q ♦ water demand >nwealt C • residential: 235 gpd per connection O rea. • commercial: 75 gpd per 1,000 sf • Industrial: 25 gal per person per day )eing p ovi 10 persons per acre easem t: ♦ sewer discharge the con a sewer discharge equals water demand or the prc Oct 10 .entified as hist nor is there historic sL,-ucLui v� Project Number: rOPMENT 4926U Date of Plan: (Month, Day, Year FEBRUARY 1, 2011 Address, Including Zip Code & Telephone No. 14144 WALTON DRIVE MANASSAS, VA 20112 302-227-9282 Address, Including Zip Code & Telephone No. 14144 WALTON DRIVE MANASSAS, VA 20112 302-227-9282 Address, Including Zip Code & Telephone No. 151 WINDY HILL LANE WINCHESTER, VA 22602 (540) 662-4185 Z Q a. 1.- Z W 2 W O �-- W W E--4 waQ Q O .a J HW > w Q i!� a X LL .0 0 J < W cc a W Q) W Z L DATE: FEB. 1, 2011 SCALE: N/A DESIGNED BY: JNT FILE NO. 4926U SHEET 1 OF 3 DWG# 11-01 019 z O U ff l REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Winchester Regional Airport Comment Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 Hand deliver to: 491 Airport Road (Rt. 645 off of Rt. 522 South) Winchester, Virginia 22602 Phone: (540) 662-5786 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the Master Development Plan with this sheet, Applicants Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Winchester-81 LLC Master Development Plan - Plan of Development Location of Property: North side of Route 37; East side of Route 11; West side of Interstate 81; Northwest Quadrant of Interstate 81 Exit 313 Airport Comments: -WINCHESTER REGIONAL AIRPORT USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed _ I Revision Required _ _ Date Approved -0 l t Signature & Date:1'��6)l�(�l1 ** Please Return Form to Applicant** 26 Ll WINGHESTER REGIONAL AIRPORT 491 AIRPORT ROAD SERYIhG 1HE � o WINCHESTER VIRGINIA 22602 \ar OF MINM (540) 662-5786 August 8,.2011 Evan Wyatt, Planner Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Master Development Plan Comments Winchester-81, LLC Shwanee Magisterial District Dear Mr. Wyatt: The referenced Master Development Plan has been reviewed and it appears that the proposed plan will not have an impact on operations at the Winchester Regional Airport. The proposed site does lie within the airport's airspace however it falls outside of the airport's Part 77 close in surfaces. The Airport does request the opportunity to comment on future construction site plans of commercial buildings or communication towers to ensure compatibility with Airport surfaces/operations. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director r 151 Windy Hill Lane 8, Winchester, Virginia 22602 Founded in 1971 August 12, 2011 Frederick County Planning Department Attn: Candice Perkins 107 North Kent Street Winchester, VA 22601 RE: Winchester-81, LLC Master Development Plan — Plan of Development Comment Response Letter Dear Candice: The purpose of this letter is to provide you with a summary of the various review agency comments and to identify the information that has been incorporated onto the plan set that is attached for your review. Please note the following: Frederick County Fire Marshal — The Frederick County Assistant Fire Marshal recommended approval of this plan on August 4, 2011. Frederick County Department of Building Inspections — The Frederick County Building Official recommended approval of this plan on July 6, 2011 and specified that comments would be provided during the review of Site Plans associated with this project. Frederick County Department of Public Works — The Frederick County Director of Public Works provided a review comment dated July 8, 2011 with the following comment: Comment: A note should be added to this plan to indicate that the design of a stormwater management plan for the proposed development shall accommodate off site drainage from the existing development located to the north of the site. Comment Response: The Cover Sheet has been revised to incorporate a new narrative (Item #8 under Project Narratives) to address this comment. Frederick County Department of GIS — The proposed plan extends Commonwealth Court into the project site as a cul-de-sac condition. Therefore, a new road name is not needed Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 PAX 540-722-9528 4926U/EAW www.greenwayeng.com for this project. As a result of this condition, our office did not submit a request for comments from the Frederick County Department of GIS. Frederick County Sanitation Authority — The Frederick County Sanitation Authority provided a review comment dated July 18, 2011 with the following comment: Comment: Provide the attached FCSA Project Information calculation information for water and sanitary sewer usage based on the calculation of demand/discharge provided by FCSA. Comment Response: The Cover Sheet has been revised to incorporate Frederick County Sanitation Authority Project Information that provides for projected water and sanitary sewer usage and calculations consistent with FCSA requirements. Virginia Department of Transportation - The Virginia Department of Transportation provided a review comment dated June 17, 2011 with the following comment: Comment: It appears this submittal does not reflect the property that will be utilized as part of the Interstate 81, Exit 310 Interchange Improvement Project. VDOT recommends situating lots/uses in conformance with long-standing I-81 improvement plans, so that all proposed parcels need not be affected by the planned interstate improvements. Early development plans previously provided to Greenway may be provided by the Department again if necessary. Once the I-81 improvement plans are shown on the MDP, VDOT will complete its review. Until then, it has been determined this is an incomplete submittal and VDOT cannot support it at this time. Comment Response: The attorney representing the applicant has prepared a letter dated July 6, 2011, which requests VDOT provide the state ordinance, regulation, or policy that requires by -right development plans to conform with currently unapproved preliminary improvement plans for I-81. A new plan set dated August 12, 2011 has been submitted to VDOT with a copy of the July 6, 2011 letter from Fallon, Myers & Marshall, LLP requesting an updated comment that provides this information. Frederick County Department of Planning and Development — The Frederick County Department of Planning and Development provided a ieview comment dated June 25, 201 l .with the following comments: Comment 1: Change the setback off of Route 11 to 50 feet and provide the area proposed to be in right-of-way. Comment 1 Response: The Plan Set has been revised to provide for a 50-foot setback along Route 11 and to provide for the area proposed to be in right-of-way. 4926U/EAW 2 Comment 2: The area of the subject property that is shown within the Interstate 81, Exit 310 Interchange Improvement Project needs to be reflected on this MDP. The BRL for this property needs to be measured from the edge of the proposed right-of-way. Comment 2 Response: The attorney representing the applicant has prepared a letter dated July 6, 2011, which requests that the Plannuig Department provide the county ordinance, regulation, or policy that requires by -right development plans to conform with currently unapproved preliminary improvement plans for I-81. A BRL of 50 feet has been provided along I-81 and Route 37 on the plan set. A copy of the July 6, 2011 letter from Fallon, Myers & Marshall, LLP has been included with the revised plan set requesting an updated continent that provides this information. Comment 3: The zoning district buffer between the B2 and B3 can be removed. Comment 3 Response: The zoning district buffer has been removed from the plan set. Comment 4: Parcel 75-A-91K is zoned B2. Comment 4 Response: The plan set has been revised to designate Parcel 75-A-91K as being zoned B2. Comment 5: The Category C buffer along Route 11 needs to be accommodated entirely on the subject property; Route 11 cannot be utilized to reduce the distance. Comment 5 Response: The plan set has been revised to provide a Category C 100-foot full screen buffer entirely on the subject property along Route 11 across from the three properties that are zoned RP. Comment 6: A 10-foot bicycle/pedestrian facility needs to be shown along the property's Route 11 frontage. Comment 6 Response: The plan set has been revised to provide a 10-foot asphalt bicycle/pedestrian facility along the property's Route 11 frontage. Comment 7: Indicate if there are any easements on the property. Comment 7 Response: Greenway Engineering requested a copy of the title report for the property from the applicant and was advised that one does not exist. Therefore, the plan set has been revised to provide a narrative stating that the location of all easements will be provided during the site plan process. Comment 8: An application fee is required for this project. Comment 8 Response: The Applicant previously submitted an application fee, which was returned by the Planning Department with instructions to resubmit the fee once a 4926U/EAW 3 • i formal application was made. The review fee will be submitted once all applicable review agency comments have been received. Please review the information associated with the revised plan set and provide me with your second review comments at your earliest possible convenience. Please advise me if you need anything else at this time. Sincerely, Evan Wyatt, AIC Greenway Engineering Cc: Glen T. Urquhart, Winchester-81, LLC Merle W. Fallon, PLC, Fallon, Myers & Marshall, LLP 4926U/EAW 4 -i--- GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Winchester-81, LLC Master Development Plan File No: 4926U Date: Tue, Jul 17, 2012 To: F(�nning Attn: Eric Lawrence Copied Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ❑,� Courier ❑ Pick Up ❑ Urgent Fy] For Your Review ❑ As You Requested ❑] Please Comment Message Hi Eric, Please find attached the Winchester-81, LLC Master Development Plan filing, which includes the following information: * Application; Application Fee; Adjoining Property Owner Information; Special Limited Power of Attorney Documents; Review Agency Comments; 45 copies of the Master Development Plan Please schedule this project for the August 15, 2012 Planning Commission Agenda and contact me if you need anything else at this time. Thanks, Evan Hand Delivery and Pick Ups Only: f� I Q� Received by: Date: - JUL 1 7 2012 Please Print Name: FREDEkiCK COUN w' '.vmhir R. nFVF1 M ENT JUL 1 7.2012 Document Approval Form FREDERICK COUNTY DEVELOPMENT y ;e N:�:r■ ■ ► i:► i :1 ■ ■ is is • / /:/A / / / 1,MI /E► / O / / : / iNHIAIS DATE & TIME N *• R=dve3 by C1mica1 Staff \ ate & T"ime). z /I.� .rof • • 0 • • •I. — 9 •1