HomeMy WebLinkAbout07-96 Eastgate Commerce Center Shawnee - Backfile (2)ti %
It 0
Subdivision Checklist
1. Comment sheets from the following agencies, along with any marked copies of
the plan:
i -ZO- VDOT
It-Zo-96 Sanitation Authority
Inspections Department
I- 20 -76 Fire Marshal
1— 2. One copy of the subdivision application
-*- Pic) fe;
City of Winchester
Health Department
Parks & Recreation
County Engineer
TRACKING SHEET
Re-comm"d
Date QCtioh;,,, aggrovaG
Application received. tLL 6 a thin:
Fee paid (amount: $ 3 s"s -"-
Information Information entered in dBASE and Reference Manual.
Approval letter to applicant/agent
Final plat submitted with review agency signatures along with:
- 3 " 9 7 Recorded deed of dedication
Bond estimate (if required) $
3- Plat signed by Subdivision Administrator
q7 Copy of final subdivision plat [with signatures] made and given to
Mapping and Graphics manager for structure numbering assignment
File: sht
it 41
CRB 114-3
,`
O G Cl)
y �n ' CL 0
o r. ,.„a O.3 's Cl)c n O .H CD
c <
mm o �O y Q
• -n
O
m0 = y
oZ m
M< _
• rt
(D
0
L
v
0
d
�»pI L_.�L
P
TO
DATE TIME �AM
(
FRO
—__---_______
1 I i 1. PM
H
CODE
OF
1AREA
N
>�.
EXT.
E
M�
j M
\ \- �C�L .1 J �. T,l(J If'C.✓
Cir i Y- . IC
�E+\1'
E
M
G
0
E
_
SIGNED
PHONED ❑
BAOK %
CALL RNED ❑
SEE YOWANTSU ❑
AWILL
GAIN ALL ❑�YJAS IN ❑ URGENT ❑
ll-l5-9G 0
4-0 Cslet A
1/•�'�iG 7D__ yq.._ _ 0' .Ewynenbi�j �,E'�i`
1K"Nofe to 'Fi(einP2�recard cop
/� Fdute�
Mr. David Richardson
Legal Counsel
McGuire, Woods, Battle & Booth
One James Center
Richmond, VA 23219
Dear Gentlemen:
COUNTY of FREDERICK
March 19, 1997
Mr. Lawrence R Ambrogi
Frederick County Attorney
S North Kent Street
Winchester, VA 22601
John R. Riley, Jr.
County Administrator
540/665-5666
Fax 540/667-0370
Enclosed please find, for your files, a fully executed copy of the Memorandum of
Understanding between the Frederick County IDA, Winchester -Frederick EDC, Frederick
County, and Jouan, Inc.
Should you have any questions or need further information, please do not hesitate to
contact me.
Sincerely yours,
ohn R. Riley, Jr.
County Administrator
JRR/clt
cc: Board of Supervisors
Jerry A. Copp, Transportation Resident Engineer
H y E. Strawsnyder, Jr.
lKs C. Tierney "
IS97
107 North Kent Street - Winchester, Virginia 22601-5000
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING, dated November 8, 1996,
evidences the agreement among the INDUSTRIAL DEVELOPMENT AUTHORITY
OF FREDERICK COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the "IDA"), FREDERICK COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia (the "County"),
WINCHESTER/FREDERICK COUNTY ECONOMIC DEVELOPMENT
COMMISSION, a joint commission of the City of Winchester and Frederick County,
Virginia (the "Commission") and JOUAN, INC., a Virginia Corporation ("Jouan"),
regarding the location of a new manufacturing facility by Jouan in Frederick County,
Virginia.
1. Inducement To Locate. To induce Jouan to locate its approximately
100,000 square foot manufacturing facility (the "Facility") and, provide at least sixty
(60) jobs in Frederick County, Virginia (the "Project"), the IDA agrees to issue tax
exempt bonds to finance the acquisition, construction and equipping of the Facility in
the original principal amount of at least $8,000,000.00. This Memorandum of
Understanding is contingent upon procuring an inducement resolution from the IDA
and receiving the requisite approvals such that the IDA agrees to issue a tax exempt
bond in the amount of at least $8,000,000.00. Jouan agrees to diligently pursue such
application and procure such approvals from the IDA, as well as to obtain the requisite
allocation of funds from the Commonwealth of Virginia. Jouan further agrees to
-employ a minimum of sixty (60) full-time personnel and will remain in Frederick
County for a period of three (3) years. In the event Jouan fails to remain in Frederick
County for the full three-year period, upon written demand of the IDA, Jouan shall
refund to the IDA such portion of the $165,000.00 grant as is proportionate to the time
remaining in the three-year period. For example, if Jouan left the county at the two-
year point, Jouan would be obligated, upon demand by the IDA, to refund one-third
(1/3) of the $165,000.00, or $55,000.00.
-- -- --- 2. The Site. It is expected that Jouan will enter into a purchase contract with -- _ - - -
Wright's Run, L.P., a Virginia limited partnership, the developer (the "Developer") of
the Eastgate Commerce Center located on Virginia Route 642 in Frederick County
Virginia (the "Park") for the purchase of approximately 20 acres of land in the Park
(the "Site") to locate its Facility. The Site is composed of Lot 2 on the Site
Development Plan attached hereto as Exhibit A and made a part hereof.
3. Further Incentives. To further induce Jouan to locate its Facility in
Frederick County, the County Shall:
(I) Fast Track Permitting. "Fast track" the building and permitting
process to ensure that (a) all necessary site plan and subdivision approvals are granted
by December 15, 1996, and (b) all necessary building and other permits are granted
such that the Facility is fully constructed and open for production no later than May
31, 1997, provided all rules, regulations, ordinances and any other applicable
requirements of the County of Frederick and the State of Virginia are met and
complied with. The County also agrees to ensure that a temporary occupancy permit
is issued to Jouan in a timely manner to allow Jouan to receive manufacturing
equipment and begin some basic manufacturing activities in accordance with its
construction and equipment deadlines.
(ii) Cash Grant. Make a cash grant to the IDA in an amount equal to
One Hundred Sixty-five Thousand Dollars ($165,000.00) such that the IDA, in turn,
makes a cash grant to Jouan in an identical amount for relocation assistance and as an
incentive to relocate in Frederick County (and the IDA hereby agrees to do so) within
fifteen (15) days after Jouan's closing on the purchase of the Site. This grant shall be
used by Jouan for the purposes of payment for or reimbursement of (a) site and
infrastructure development costs, (b) tap fees, [c] the costs of design and construction
of a storm water retention pond on the Site, and (d) the costs of permit fees required to
construct the Facility on the Site.
- (iii) -Access Road and Industrial Road Access Funds. It is expected that
the Developer will agree to construct the access road to the Site as shown on Exhibit A
(the "Access Road") no later than May 31, 1997, such that the completed roadway will
be in compliance with all applicable laws and in a condition to be accepted into the
State Highway System. In connection therewith, the County agrees to apply for and
vigorously pursue Virginia Industrial Road Access Funds in an amount sufficient to so
construct the Access Road. The County agrees that if, by April 1, 1997, the Developer
has failed, for any reason, to make sufficient progress to complete the construction of
the Access Road by May 31, 1997, upon the request of Jouan, the County shall
complete such construction by such date at no cost to Jouan, the cost of such
construction to be recovered by the County from the Developer and from the State of
Virginia.
(iv) Completion of State Route 642. Vigorously support the
completion of State Route 642 such that it is usable by Jouan and its construction
contractor to construct the Facility within Jouan's construction deadlines.
4. Conditions. The obligation of Jouan to locate its Facility in Frederick
County shall be subject to the following conditions:
[a] The status of title and access to the Site shall be
satisfactory to Jouan;
[b] There shall be no environmental issues or problems
or hazardous substances at, on, under or near the Site;
[c] The surveys of the Site shall be satisfactory to Jouan;
[d] Jouan shall obtain at least $8,000,000.00 in tax exempt
financing from the IDA to acquire, construct and equip
the Facility;
[e] Jouan shall have purchased the Site from the Developer;
[f] All incentives described herein shall be provided as and
by when indicated;
[g] There shall be no litigation, proceeding or investigation
Threatened or pending regarding the Site;
[h] The Virginia Department of Business Assistance shall
be committed to provide industrial training funds in an
amount acceptable to Jouan.
5. Cooperation. The IDA, the County and the Commission agree to cooperate
- with Jouan, its architect, its equipment suppliers and its construction contractor in
connection with helping Jouan meet its equipment and construction deadlines so that
the Facility and the Access Road is completed and a Certificate of Occupancy is issued
no later than May 31, 1997. Time is of the essence of this Agreement.
6. Confidentiality. The IDA, the County and the Commission agree not to
make any public announcement or public disclosure regarding the location of Jouan's
new plant in Frederick County without the prior consent of Jouan provided, however,
there is no violation of the Virginia Freedom of Information Act. Once Jouan's
consent is obtained, the parties agree to cooperate with each other and coordinate any
public announcement of the Project.
7. Binding. This Memorandum of Understanding shall be binding upon and
inure to the benefit of the parties and their respective successors. This Agreement
shall not be assigned by any party.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF FREDERICK
CO Y, VI IA
BY:
5'y
is ii►, �L../L `.
V WINCHESTER/FREDERICK COUNTY
ECONOMIC DEVELOPMENT
COMMISSION
BY:�`�i%,
EXHIBIT A
Final Plat
29.8401 Acres — Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Fredericks County, Virginia
4,4
`� _ �,► v
PROJECT
An:,:i
tsc
31
Vicinity Map . •
Sole i'-2000' G • q
AP
Frederick County Sanitation Authority Date
Planning Commission Date
10
Subdivision Administrator Date
Va. Dept. of Transportation Date _41/4. I9e-
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Wright's Run L.P., as appears
in the accompanying plat, is with the free consent and in accordance with the
desires of the undersigned owners. proprietors, and trustees, if any.
gi-ml "&Q,d
Date
NOTARY PUBLIC
11 ,-5;7177,1 , a Notary Public in and for the State of Virginia, at large, do certify
that �C"f��� �!� whose names are signed to the
foregoing Owner's Certificate, have acknowledged the some before me in my state.
Given under my hand this_1 �+ da of f�C/�1996.
My commission expires �� /cL 7 _
SURVEYOR'S CERTIFICATE
l hereby certify that the land contained in the accompanying plat is a portion of the land
conveyed to Wright s Run L.P. by deed dated July 14, 1989, said deed recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642.
�DLLQ�,.t. Saar..
�pyTH pp P. Duane Brown, L.S.
The properf represented herein is shown on Frederick County
4,� Tax Map 76((Aas a portion of Parcel 53.
P. DUANE -, Existing Zoning: M-1 N Exising Use: Vacant
BRAWN
> DATE: November 19, 1996 COVER SHEET FiLE#: "9125—rw.dwg"
NO. 1285 gilbert w. Clifford k associates, inc.
SHEET
ENGINEERS — LAND PLANNERS — SURVEYORS
��Vp VE��� 150—C 01de Greenwich Drive 200 North Cameron Street OF
�. • SUR Fredericksburg. Virginia 22401 Winchester. Virginia =501 2
��' (w) sga-2115 (540) 657-21J9
N/F Ookcrest Builders, Inc.. \
..�.�
Fred L Glcize. III do ?6'43• ••
Jasbo. Inc. �' ��E 'P
08 751-Pg 1441 i / - 573.52• i %p i
S4S 4 •
www Lot 1?i tip' s7'`.°P..
/ 8.1036 Acres•;y°s.�\\
of A'*
/^� / /� %i•
N/F Oakcrest Builders, Inc..
Fred L Glaize. III k
Jasbo. Inc.
08 751-Pg 1441
76-((A))-48A
e�1 �
c'tia' r / I i i 0' UTILITY. SLOPE & °7e
v d` / ( i DRAINAGE EASEMENT 7f
2� 'z q a I ' ; Proposed
Eastgate Drive
3� at ry - —25' 9u IdineLReatrietio_ lin�- h 60' R/W
S89'07'OZW 664.24' 1 h6 0.9806 Acres
S63'23'51"W
�� 60.00'
%
2 Future
Right-of-Wcy
/.`�r 30' UTILITY.aS'- (including
' /V6' SLOPE do \ `aS - - Cul-de-Sacs)
DRAINAGE \`r
/ Lot 2
'i ENT
20.7559 Acres
�
6)•�� 4 �� `•` `ne / / rod ,'
1.4
•� /
N/F 08 John
172 PgH. g3ent 45 Estate /%���
WrighVs Run LP:
Remainder
� S
pS
76-((A))-42 \.� / 'c�a N/F Wright's Run LP.
08 862-Pg 687 �•�
76-((A))-53A
The Property shown herein is shown on Frederick
County Tax Mop 76((A) as a portion of Parcel 53.
Ex. Zoning: M-1 . Use: Vacant
Proiect Summary
Area in Lots
Area in R/W
Total Area Subdivided
hi�,TH o G
r�
G�
,Q P. DUANE'ry
BROWN
NO. 1285
3 - SURVE�_nC
28.8595 Acres
0.9806 Acres
29.8401 Acres
CURVE
RADIUS
LENGTH
TANGENT CHORD I BEARING
DELTA
1
440.00'
549.13'
316.79' 1514.18' IS09'09'02'W
71'30'22"
2
500.00'
161.39"
81.40' 150.69' S35'50'58"E
18'29'38"
3
50.00'
43.81'
23.43' 1 42.43' tS19*59*32-E
50'12'29"
4
75.00'
152.67'
121.51' 1 127.64' 1 S53' 12.12- E
1 16-37.48-
5
500.00'
524.01'
285.95'1500.35' IS1452'4TW
1 60'02'49"
6
500.00'
100.00'
1 50.17' 1 99.83' S2752.227E
11'27'33" I
Final Plat
29.8401 Acres — Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
GATE: November 19, 1996 SCALE : 1' = 300' 1 FILE#: '9125-rw'.dwg
gilbert w. Clifford do associates. inc.
ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
150-C ad* Greenwich Drive 200 North Cannon street 2
Fredaridi3WM virginid 22401 WInc ester. Virginia =601 OF
(540) 898-2113 0 ISO 300 600 (S•W) 667-2139 2
�astga��- Coa•�►ercC �e r
FILE COPY
I
April 17, 1997
Mr. Steve Gyurisin
G. W. Clifford and Associates, Inc.
200 North Cameron Street
Winchester, Virginia 22601
RE: Eastgate Commerce Center
Dear Steve:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
In response to your request for written comments on the above project, I will attempt to recall the
main points of our numerous conversations regarding the same. As you and I know, there has
been no formal review of the project and it has been a number of weeks since we last spoke about
it; therefore, the following comments should in no way be considered a complete list of issues or
items that may need to be addressed on this site.
First and foremost, a new traffic impact analysis will need to be conducted. The last version of
the proposed plan I saw had a number of significant variations from the plan which was approved.
The traffic flows resulting from these changes could potentially be significantly different than
those previously anticipated. The frontage of both Routes 642 and 522 will need to address
visual concerns through buffering, landscaping and sign control. Also, entrances onto Route 522
from the proposed B-2 area should be kept to a minimum. It might even be preferable to have all
entrances to the site come off of either Route 642 or the southern east/west road.
I am uncertain if your client has decided whether to submit a rezoning and Master Development
Plan simultaneously, or do the rezoning first. If the rezoning is submitted first, it would be
advisable to have a generalized development plan proffered in order to address the many road
layout issues. The Master Development Plan, as well as the rezoning, will need to somehow
address the remaining property to the south which is under the same ownership. The manner in
which this property develops will have an impact on the road system proposed, in particular the
southern connection to Route 522.
Items which were proffered as part of the original rezoning will need to somehow be addressed as
part of the revised proposal. It may be best to make it clear that the existing proffers stand, and
address only issues relating to acreage which will be rezoned as part of the pending submission.
107 North Kent Street • Winchester, Virginia 22601-5000
Mr. Steve Gyurisin
Page 2
April 17, 1997
I hope these comments are of some use to you and your client in preparing your application(s). I
would be happy to discuss any of these items if you so desire.
Sincerel ,
Kris C. Tierney, AICP
Planning and Development Director
KCT/cc
cc: Robert M. Sager
FOIE COPY
I
March 11, 1997
Mr. Patrick O. Gottschalk
Cantor, Arkema & Edmonds
P.O. Box 561
Richmond, Virginia 23204-0561
Dear Mr. Gottschalk:
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/678-0682
In response to your transmittal to Ms. Cathy L. Tanner, dated March 10, 1997, containing a
version of the subdivision plat for the 20+ acres subdivided by Wright's Run L.P., I am
enclosing a current copy of the same. This is a copy of the plat as approved by Frederick County.
Though the differences are minor, it seems important that the agreement contain an accurate
depiction of the lots and access road created by the division.
We will substitute a copy of this approved version of the plat in the agreement per your request.
If you have any questions concerning this substitution, please do not hesitate to contact me.
Sincerely
e7KrisC. ierne
Planning and Development Director
KCT/cc
Enclosure
cc: John R. Riley, Jr., County Administrator
107 North Kent Street • Winchester, Virginia 22601-5000
Final Plat
29.8401 Acres — Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
_
PROJECTArinU _�
� tiel1�
.. a ~ice -•• - ''f
a O
Vicinity Map
Scats: i•-2000' o • �••
AP
Frederick County Sanitation Authority Date 1910
Planning Commission Dote
Subdivision Administrator Dote
Va. Dept. of Transportation Q Date
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Wright's Run L.P., as appears
in the accompanying plat, is with the free consent and in accordance with the
desires of the undersigned owners, proprietors, and trustees, if any.
Date
c NOTARY PUBLIC
a Notary Public in and for the State of Virginia, at large, do certify
that-?r� tv �!'D39 whose names are signed to the
foregoing Owner's Certificate, have acknowledged the some before me in my state.
Given under my hand this_-1 — da of c 1996.
M commission expires --- �L� / % --
SURVEYOR'S CERTIFICATE
l hereby certify that the land contained in the accompanying plat is a portion of the land
conveyed to Wright's Run L.P. by deed dated July 14, 1989, said deed recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642.
D
P. Duane Brown, L.S.
The propert represented herein is shown on Frederick County
Tax Map 76((A) as a portion of Parcel 53.
Existing Zoning: M-1 — Exising Use: Vacant
DATE: November 19, 1996 COVER SHEET FiLE#: "9125—rw.dwg"
gilbert w. difford do associates, Inc.ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
1
4150—C Oide Greenwich Drive 200 North Come-on Street OF
Fredericksburg, Virginia 22401 Winchester. Virginia 22501 2
(540) 898-2115 (840) 667-2139
N/F Oakcrest Builders, Inc.,
Fred L Glaize, III & 5��43• �`�. �`-"%. N/F Oakcrest Builders, Inc..
Josbo, Inc. — ��E �Q Fred L. Glaize, lII &
OB 751-P 1441 i / 573.52• a ? Jasbo, Inc.
g / 538 OB 751-Pg 1441
76-((A))-48A 76- A
i f l •f S�;�W ' by ' `�,% `S' •%Ga�o `
/ Lot 1 , � ems,
/ 8.1036 AcresIrr.�p°s•°� °��,
At
Qp�i�+ `\f�7 �O\\ Off.
sti I i i 0' UTILITY. SLOPE & °o
ORAINAGE EASEMENT °of `�'rsrJ\9 s�o
2 Q / I 1 ( �L \ 3' �? C.o �' 2 0l i
o / � , ' � Proposed spao`.
oF� ` ; // 1 ; I �, Eastgate Drive50
as Aa ``�0�6,�
vry�� zs el,iiain� Restriction U _ 60' Ft/W ��►,r � O
0.9806 Acres \ 9 ^°%o �J
A
589'07'02"W 664.24' 1 6 `
Dry SB 60 00�'W /°`�j a coo
- ---
bMir�/ `� ` %`% 2
Future f
/ ti Ri ht-of-Way
30' UTILITY,---C `% .S ?Including
SLOPE & `FRS' Cul-de-Sacs)
DRAINAGE s� Wright's Run LP.-
/ Lot 2 EASEMENT ` ��.,_
/ S F- Remainder
/ 20.7559 Acres
1`` 4 y
•��``,g, 9 Q- �`
N/F John H. Sargent Estate
08 172-Pg345 �¢•9� �`` ;��°c �``
76-((A))-42 �/ '��' N/F Wright's Run L.P. \�
08 862-Pg 687
76-((A))-53A
The Property shown herein is shown on Frederick
County Tax Map 76((A)) as a portion of Parcel 53.
Ex. Zoning: M-1 . Use: Vacant
Project Summary
Area in Lots 28.8595 Acres
Area in R/W 0.9806 Acres
Total Area Subdivided 29.8401 Acres
� TH OF G
P. DUANE
BROWN��M
NO. 1285
LINO SURVE��
CURVE
RADIUS
LENGTH
TANGENT
CHORD
I BEARING
DELTA
1
440.00'
549.13'
316.79'
514.18'
S09'09'02"W
71'30'22"
2
500.00'
161.39'
81.40'
160.69'
S35'50'58'E
18'29'36' i
3
50.00'
43.81'
23.43'
42.43'
S19'59'32"E
50'12'29" 1
4
75.00'
152.67'
121.51'
127.64'
S53'12'127E
116*37*48"
5
500.00'
524.01'
288.95'
500.35'
S1452'49"W
6(702'49"'
6
500.00'
100.00'
1 50.17'
1 99.83'
S20-52.227E
1 11'27'33"
Final Plat
29.8401 Acres — Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
DATE: November 19, 1996 SCALE : 1" - 300' 1 FILE#: "9125-rw".dwg
gilbert w. clifford do associates, inc.
ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
130—C Ode Creenvieh Drive 200 Nam Cameron street 2
Frederica aburq, Virginia 22401 Winchester. Virginia 22601 OF
(W) 693-2115 0 150 300 600 (sw) 667-2139 2
FAX TRANSMISSION
TO: Cantor, Arkema & Edmonds
FAX #: 804-225-8706
FROM: Planning and Development Department
SUBJECT: Wright's Run L.P.
DATE: . March 11, 1997
PAGES (including this cover sheet): 4
COMMENTS: Attention Patrick 0. Gottschalk
1 4xj;� 1-fl-97 From the desk of: Kris C. Tierney
Final Plat
29.8401 Acres N Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
724.4
— - p
= - Shale.Pit -
PROJECT
1 tse ;�
Vicinity Map
Scale: 1'-2000'
AP V
Frederick County Sanitation Authority Date /V Alb
Planning Commission Date
Subdivision Administrator IX, Date
Va. Dept. of Transportation Date f T1iG,194
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Wright's Run L.P., as appears
in the accompanying plat, is with the free consent and in accordance with the
deessi�res of the undersigned owners, propDrn tors, and trustees, if any.
(�GG���r
Date
NOTARY PUBLIC
a Notary Public in and for the State of Virginia, at large, do certify
that ���'I-------------------• whose names are signed to the
foregoing Owner's Certificate, have acknowledged the some /b/e�fore me in my state.
Given under my hand this_-1� _ day of _Z!!--- 1996.
My commission expires ---_�_ 131 �� 7
SURVEYOR'S CERTIFICATE
1 hereby certify that the land contained in the accompanying plat is a portion of the land
conveyed to Wright's Run L.P. by deed dated July 14, 1989, said deed recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642.
e
P. Duane Brown, L.S.
The propert represented herein is shown on Frederick County
TaxMap76((A� as a portion of Parcel 53.
Existing Zoning: M-1 N Exising Use: Vacant
DATE: November 19, 1996 COVER SHEET FILE#: "9125—rw.dwg" gilbert w. Clifford & associates, inc.ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C aide Greenwich Drive 200 North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 2
(540) 898-2115 (540) 667-2139
N/F Ookcrest Builders, Inc.,
Fred L. Glaize, III & S76'4,3•
Jasbo, Inc. �3 E 1P
DB 751—Pg 1441 i / 5 5j3 S2' i oho ?
76—((A))-48A / S3g.2g• cofo�`..
�11523 W 5
Lot 1 / ; ' ,off..LQ
8.1036 Acres
/ / ;' ' ,
�i �; s s°°s
% RR'
// `�' l 5
//
N/F Oakcrest Builders, Inc.,
Fred L. Glaize, III &
Jasbo, Inc.
DB 751—Pg 1441
76—((A))-48A
.0
?J'pc
oo'
\w/ I 30' UTILITY, SLOPE & 0).
a ^ of
of
Proposed
/ ; Eastgate Drive
Line) �`
v� I'v /
25' Building_Restriction
; 60, ft/W
0.9806 Acres
S89'07'02"W 664.24' 1\ 6 `�
S63'23'51"W
60.0 01
�� �`� 2_--�
`� /
`v
Future
Ri ht—of—Way
�, ?Including
30, UTILITY,—'C `� .s
SLOPE & `k�AS. Cul—de—Sacs)
/ /10 DRAINAGE � `S
/ Lot 2 EASEMENT \�R, _
20.7559 Acres `�-
i 3-
\or \ 4
e
9 Re ,j
;' O
N/F o 172 Pg nH. gent Estate ��49\\ `\\ / �.b
Wright's Run L.P.—
Remainder
76—((A))-42 ��� / '�� N/F Wright's Run L.P. \\�
DB 862—Pg 687
76—((A))-53A
The Property shown herein is shown on Frederick
County Tax Map 76((A)) as a portion of Parcel 53.
Ex. Zoning: M-1 Ex. Use: Vacant
Project Summary
Area in Lots
Area in R/W
Total Area Subdivided
4' OF D
P. DUANE �
�BR❑WN
NO, 1285
ENO SURVE�-,4
28.8595 Acres
0.9806 Acres
29.8401 Acres
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
440.00'
549.13'
316.79'
514.18'
S09'09'02"W
71'30'22"
2
500.00'
161.39'
81.40'
160.69'
S35'50'58"E
18'29'38"
3
50.00'
43.81 '
23.43'
42.43'
S 19'59'32" E
50' 12'29"
4
75.00'
152.67'
121.51 '
127.64'
S53' 12' 12" E
1 16*37'46'
5
500.00'
524.01'
288.95'
500.35'
S14 52'49"W
6902'49"
6
500.00'
100.00'
1 50.17'
1 99.83'
1 S20'52'227E
1 11'27'33"
Final Plat
29.8401 Acres N Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
DATE: November 19, 1996 SCALE : 1" = 300' 1FILE#: "9125—rw".dwg
gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS SHEET
150—C aide Greenwich Drive 200 North Cameron Street 2
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF
(540) 898-2115 0 150 300 600 (540) 667-2139
2
PC REVIEW: 12/04/96
BOS REVIEW: 12/11/96
Subdivision Application #007-96
EASTGATE COMMERCE CENTER SUBDIVISION
LOCATION: The property is located on the south side of Route 642, at the proposed Eastgate
Drive
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-53
PROPERTY ZONING & PRESENT USE: MI (Industrial Light) District; Land Use: Vacant
ADJOINING PROPERTY ZONING & USE: M 1 (Industrial Light) District; Land Use: Vacant
SUBDIVISION SPECIFICS: Subdivision of a 29.8401-acre tract into two lots.
REVIEW AGENCY COMMENTS:
Department of Transportation: See attached letter,from R.B. Childress (for J.A. Copp)
dated 11119196.
Sanitation Authority: Water and sewer are available. Will review construction drawings
when submitted.
Fire Marshal: Will address on site plan.
Planning and Zoning: There is no approved master development plan for this property.
A master plan is being prepared and will be submitted in the near future but could not be
prepared in time to accommodate this need. There is an existing client for this location, and
it is the desire of the County to approve this division to accommodate the client and make
this property eligible for industrial access funds which are available. The industrial access
funds will pay for construction of Eastgate Drive 100' past the property line dividing Lot 1
and Lot 2. It will be the responsibility of the developer to extend the road to the southeast
perimeter of Lot 2. The proposed subdivision meets the requirements of the ordinance
except for the master plan requirement.
Eastgate Commerce Center Subdivision
Page 2
December 5, 1996
Staff Recommendation for 12/4/96: Staff recommends waiver of the master plan requirement and
approval of the subdivision of these two lots with the stipulation that no further subdivision of the
lands in this development will be permitted until a master plan is presented and approved by
Frederick County.
Summary of 12/4/96 Planning Commission Action: The Commission heard this request at their
regular meeting on December 4, 1996. There was very little discussion and no opposition to this
request. The Commission unanimously recommends approval with the stipulation that no further
subdivision of the land in this development will be permitted until a master plan is presented and
approved by Frederick County.
(Mr. Wilson, Mr. Romine and Mr. Ours was absent.)
File: KAWP\CMN\COMMENTS\EASTGATE. SUB
L]
FROM EDINBURG RESIDENC'l 11.19.15__ 6 P.01
_ C
t r1
CO MONWEA..LTH of VIRCI NI,A
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVIO R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E.
0,01MMISSIONER P-O. BOX 278 RESIDENT ENGINEER
EDINBURG, VA 22824.027g TELE (540) 984.5800
FAX (540) 984-W7
November 19,1996
SUBDIVISION CO)NiMENTS
EASTGATE COMMERCE CENTER
No overall objections to the subdivision of the property.
The proposed business planned for the 23.0431 acre tract qualifies for industrial access
funding to allow VDOT to construct a roadway from Route 642 to the site. The County
will need to provide a clear unencumbered right-of-way for this roadway.
Additionally any utility relocation/adjustment costs will need to be borne by others.
Based on this plat there appears to be a right-of-way dedication needed on the adjacent
property at the Route 642 connection. The proposed industrial access roadway anal
other improvements, i.e. roadway extension, commercial entrances, etc. could
necessitate the need for additional right-of-way and/or construction, slope, or drainage
easements.
A detailed site plan including roadway geometries, drainage design with supporting
calculations, trip generation data, and entrance designs of the remaining right-of-way
and parcel improvements will need to be submitted for our review and approval. Any
work performed on the State's right-of-way will need -to be covered under land use
permit.
The proposed business(es) planned for this property could have a significant impact on
the adjacent road network.
RBC/rf
xc: Ms. M. D. Yates
Mr. S. A. Melnikoff
'/�Signed: for J. A. Copp
Permits & Subdivision Specialist Supv,
-IMwoul
APPLICATION AND CHECK
6
SUBDIVISION
FREDERICK COUNTY, VIRGw
Q
Q �7 a 06
Date: � " �, � _ "1 Application # � 0 I ' I (7'` `�` ', ` ,,'P�e Paid 3
-551
Applicant/Agent: Gilbert W. Clifford & Associates, Inc.
Address: 200 N. Cameron Street
Winchester, Virginia 22601
Stephen M. Gyurisin
Phone: 540-667-2139
Owners Name: Wrights Run, L.P. - c/o Allan Hudson
Address: 2800 Shirlington Road, Suite 803
Arlington, n, Virginia 22206
Phone: 703-820-2500
Please list names of all owners, principals and/or majority shockholders:
Allan B. Hudson Sidney Lesowity
Frank Marant4
Contact Person:
Phone: 540-667-2139
Name of Subdivision: Eastgate
Number of Lots: 2 Total Acreage: 30.97 Ac.
Property Location: South side of Route 642 at proposed Eastgate Drive
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District: gym- e S&ur.ee-
Property Identification Number (PIN): 76-A-53
/I-iY-gG
t
Property zoning and present use: M-1 zoning / Vacant use
Adjoining property zoning and use: M-1 and RA zonings / Vacant use
Has a Master Development Plan been submitted for this project?
Yes No X
If yes, has the final MDP been approved by the Board of Supervisors?
Yes No X
What was the MDP title? N/A
Does the plat contain any changes from the approved MDP?
Yes No
If yes, specify what changes:
Minimum Lot Size (smallest lot):
Number and types of housing units in this development:
Number:
Types:
Final Plat
29.8401 Acres N Standing in the Name of
Wright's Run L.P.
Shawnee Magisterial District Frederick County, Virginia
.00— IN
o i-\ Shile.Pit\�
PROJECT' -_
A el �- 1 -Z` -
. ts�
Vicinity Map
T Scale: 1"=2000' 04 O " 4 Q
APPROVED BY
Frederick County Sanitation Authority Date
Planning Commission Date
Subdivision Administrator Date
Va. Dept. of Transportation Date
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Wright's Run L.P., as appears
in the accompanying plat, is with the free consent and in accordance with the
desires of the undersigned owners, proprietors, and trustees, if any.
Date
NOTARY PUBLIC
a Notary Public in and for the State of Virginia, at large, do certify
that --- whose names are signed to the
foregoing Owner's Certificate, have acknowledged the same before me in my state.
Given under my hand this________ day of ______________- 1996.
My commission expires ----------------------.
SURVEYOR'S CERTIFICATE
l hereby certify that the land contained in the accompanying plat is a portion of the land
conveyed to Wright's Run L.P. by deed dated July 14, 1989, said deed recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 719 at Page 642.
e
P. Duane Brown, L.S.
The propert represented herein is shown on Frederick County
G'�, Tax Map 76((A� as a portion of Parcel 53.
A Existing Zoning: M-1 — Exising Use: Vacant
''� DATE: November 19, 1996 COVER SHEET FILE#: "9125—rw.dwg"
gilbert w. Clifford & associates, inc.ENGINEERS — LAND PLANNERS — SURVEYORSSHEET
150—C aide Greenwich Drive 20D North Cameron Street OF
Fredericksburg, Virginia 22401 Winchester, Virginia 22601 2
(540) 896-2115 (540) 667-2139
N/F Oakcrest Builders, Inc.,
Fred L. Glaize, III & S7�43,33"-�� N/F Oakcrest Builders, Inc.,
Jasbo, Inc. �'-;�_ E Fred L. Glaize, III &
DB 751-P 1441 i / �573•S2, ; �`, ? Jasbo, Inc.
g / 538 29- - ��-- °o k% DB 751-Pg 1441
76-((A))-48A // S44.54'3h �o :�\` 76-((A))-48A
� 111.
i Lot 1 521
8.1036 Acres / ,/ sR�Q°sR\07s07°'\`
ell
�"
61
Cv Pi 6 1P
Proposed °� �..�� �s sR <
Eastgate Drive 60' R/W 60s/a'OOQ^,o`•�
\'X(o�25_Buildin9Restriction ---a
O
0.9806 Acres 3r
�1� S89'07'02" W 664.24' -1 �� 0 J
\\ �` _- _ -_ ` S6 60 001"W 9 ,0
�9 cc•
N'/ -
ko / / \ `. -`==y Future
Ri ht-of-Way
N 20' UTILITY,`�� �S ' Including
SLOPE & \ `.FRS- , Cul-de-Sacs)
DRAINAGE \ �S.y� Wright's Run L.P.-
Lot 2 EASEMENT \ �2; `R- Remainder
20.7559 Acres \`\ \ F.
3
=y
4 i
o
/ 0
N/F JH. ohn
Estate
DB 172 Pg345 \ \
h
76-((A))-42 � / 'g� N/F Wright's Run L.P.
DB 862-Pg 687
76-((A))-53A
The Property shown herein is shown on Frederick
County Tax Map 76((A)) as a portion of Parcel 53.
Ex. Zoning: M-1 x. Use: Vacant
Project Summary
Area in Lots 28.8595 Acres
Area in R/W 0.9806 Acres
Total Area Subdivided 29.8401 Acres
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
1
440.00'
549.13'
316.79'
514.18'
S09'09'02"W
71'30'22"
2
500.00'
161.39'
81.40'
160.69'
S35'50'56'E
18'29'38"
3
50.00'
43.81 '
23.43'
42.43'
S 19'59'32" E
50' 12'29"
4
75.00'
152.67'
121.51 '
127.64'
S53' 12' 12" E
1 16737'48"
5
500.00'
524.01'
288.95'
500.35'
S14'52'49"W
6(702'49"
6
500.00'
100.00'
1 50.17'
1 99.83'
1 S20'52'22"E
11'27'33"
(.NO.
TH OF DFinal Plat
r,�29.8401 Acres N Standing in the Name of
��Wri ht's Run L.P.
BR❑WNE Shawnee Ma isterial District �' Frederick Count , Vir iniao...s.�+�•«.,�� DATE: November 19, 1996 SCALE 1= 300' FILE#: "9125-rw".dwg
1285 gilbert w. Clifford & associates, inc.
ENGINEERS - LAND PLANNERS - SURVEYORS SHEET
150-C 01de Greenwich Drive 200 North Cameron Street 2
0 SUR 4 0 Fredericksburg, Virginia 22401 Winchester, Virginia 22601 OF
(540) 898-2115 0 150 300 600 (540) 667-2139 2
FRUI9 EDINBURG RESIDENCY 11.19.1: 17:18
9.
REQUEST F B VI I J
Virginia Department of Transportation
Attn: Resident Engineer f
P.O. Box 278 y
Edinburg, Virginia 22824-0278 `....
(540)984-4133
The local office of the Transportation Department is located at 1550 Commerce St.,
in Winchester if you prefer to hand deliver this form.
Applicant's name, address and phone number:
Gilbert W. Clifford & Associates, Inc., 200 N. Cameron Street,
Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin
Name of development and/or description of the request: Eastgate
Location: South side of relocated Route 642 at proposed East&aate Drive.
lIZ15/96
Virginia Department of Transportation's Comments:
See attached comments from VDDT dated Vovember 19, 1996.
VDOT Signature and Date: 0 04 /I
(NOTICE TO RESIDENT ENCINEER*PLEASE RETURN THIS FORM TO APPLI A .)
NOTICE TO -APPLICANT
It is your responsibility to complete this form as accurately as possible in order to
assist the agency with their review. Also, please attach a copy of your application
form, location map and all other pertinent information.
eww
r `
AV
'
COUNTY OF FREDERICK, VIRGINIAwit
FIRE MARSHAL'S OFFICE 4tl;'
LAND DEVELOPMENT COMMENTS.; �.
Control No.l 120960394 Date Received 111596 Date Reviewed 112096
Applicant G.W. Clifford and Associates
Address 200 N. Cameron St.
Winchester, Virginia
►w► .loll
Project Name Eastgate Phone No. 540-667-2139
Type of ApplicationSubdivision Current Zoning M-1
1st Due Fire Co. 11 lst Due Rescue Co. 11 Election DistrictShawnee
Tax I.D. No. 76-A-53
RECOMMENDATIONS
Automatic Sprinkler SystemXX Residential Sprinkler System
Automatic Fire Alarm SystenKX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not IdentifiedXX
Fire Lanes Required Yes XX No
Comments Will address on site plan
Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX
Special Hazards Noted Yes No XX
Comments
Hydrant Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX
Plan Approval Recommended? Yes XX No
Signatures Titlei��r�
l
REQUEST FOR SUBDIVISION COMMENTS >>
Frederick County Sanitation Authori- ��4 LA
Attn: Engineer Director'
P.O. Box 1877
Winchester, Virginia 22604 \4'; 4``4 ,C
(540) 868-1061
The Frederick County Sanitation Authority is located at 315 Macedonia Church
Road (Route 642) in Frederick County if you prefer to hand deliver this form.
Applicant's name, address and phone number:
Gilbert W. Clifford & Associates Inc. 200 N. Cameron Street
Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin
Name of development and/or description of the request: Eastgate
Location: South side of relocated Route 642 at proposed Eastgate Drive.
11/15/96
Sanitation Authority's Comments: 14
/,t K /G14/3GI`: WIZ4 ia�Yli�'yY clog iV S7� Gar/o ff
444(W141,41 VVZ.1165V 5U/3ter'/ ?7GGQ
Sanitation Authority Signature and Dater�FORM
A/OV /p'
(NOTICE TO SANITATION AUTHORITY*PL RETURPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to
assist the agency with their review. Also, please attach a copy of your application
form, location map and all other pertinent information.
/
/
` \ -
AC
TM zoqE: RA
TOTAL AREA IS ACRES t
IV
--~-
' \ v( ' \
--
• _ `'�.
U, _ '� s: r /��� \�� • -�.�� �` 'vim"" � ! � ` \ _ ^ ;. • ; �--
IL
v
Eastgate Commerce ParkCommerce Park
to
Preliminary Subdivision Plat
N FndlrfkCain. Wkw"
m
COMMONWEALTH of VIRQINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER P.O. BOX 278
EDINBURG, VA M24-0278
November 12, 1996
Ms. June Wilmont, Exec. Director
Winchester -Frederick Co. Economic
Development Commission
12 Rouss Avenue
Winchester, VA 22601
Dear June:
WILLIAM H. BUSHMAN, P.E.
RESIDENT ENGINEER
TELE(540)984.5600
FAX (540) 984-5607
Ref: Proposed Industrial Access
Eastgate Commerce Center
Frederick County
After reviewing the information presented to me Friday, 11/08/96 on Eastgate Commerce Center's request
for industrial access funding, we will need additional information concerning the project. This includes
traffic counts and splits, as well as projected truck traffic for this application in order to proceed with an
accurate cost estimate. The following points also need to be considered: 41
-Ate', I'5 V
1. Are the lot lines on the generalized development plan definite?��
2. Based on the trip generation information requested above, should left turn lanes at the three
connections off Route 642 be considered? r� 41te-l_� 2
3. If the lot lines are not absolute, the Department will be looking for something to protect the County
and ourselves in the future should additional traffic or flows facilitate the need for an increased
pavement design and additional turn lanes. Traffic signalization at adjacent intersections to the access
road and at the intersection with Route 522/642 need to be considered as well.
4. Within the rezoning request for the Eastgate Commerce Center properties in 1991, five proffered
stipulations were proposed. How will these affect our current planning?
Based on the limited information provided and the pending answers to the above questions, our cost
estimate will be based on two 12' lanes accessing Route 642 with pavement design to accommodate
industrial traffic with extreme truck loading. Once the Department receives the above data, we can
provide a more accurate analysis of the industrial access request.
Sincerely, ►.c��11Z.1�314 7*
(.4MD
NOV1996
RECEDEPL IVED.
By: Melissa D. Ya ens, Trans. ContractE
ngiministrator �� Nit -c
MDY/rf
xc: Mr. D. C. Morrison, Mr. J. A. Copp, Mr. R. B. Childress, Mr. John Riley, Jr., Mir. Kris Tierney
WE KEEP VIRGINIA MOVING
FILE COPY
N?
November 20, 1996
Wright's Run, L.P.
c/o Mr. Allen Hudson
2800 Shirlington Road, Suite 803
Arlington, VA 22206
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
RE: Eastgate Commerce Center; Revision to Proffer Statement and Completion of
Master Development Plan
Dear Allen:
As a result of the recent need to establish a buildable lot in your center within a very tight time frame, a
number of issues have come to the forefront. The official, approved road layout and zoning boundaries for
your site are no longer accurate when compared to more recent plans which have been created. This,
combined with the lack ofan approved Master Development Plan (MDP), has resulted in a time lag in
getting a subdivision approved for your proposed buyer.
As I explained in our recent phone conversation, in Frederick County, subdivision within developments
with an approved MDP can be handled administratively. Subdivisions of land with no approved MDP
must receive approval from the Board of Supervisors following a recommendation from the Planning
Commission. It would be to your benefit to prepare, and submit for approval, an MDP as soon as possible
in order to enhance the .marketability of your site.
The issue of the approved zoning district boundaries and proffers should also be corrected as soon as
possible. As I am sure you know, your proffers included (among other things) a road layout which, as a
result of various circumstances, is no longer appropriate or buildable. Before any additional lots can be
subdivided, it is essential that these issues be resolved. The County will not want to be placed in the
position of being asked to approve a land division which does not conform with approved proffers.
The course of action for amending your proffers and zoning district boundaries is the same as the process
you went through to obtain the zoning. A rezoning will need to be submitted and approved.
I hope this information is helpful. Please let me know if I can answer any questions.
Sincerely,
%>Y
Kris C. Tierney, AICP
Planning and Development Director
cc: Mr. Chuck Maddox
John R. Riley, Jr., County Administrator
Board of Supervisors
107 North Kent Street • Winchester, Virginia 22601-5000
gilbert w. clifford & as :fates, inc.
200 N.Cameron Street
Winchester, Virginia 22601
540-667-2139 Fax: 540-665-0493
TO:
WE ARE SENDING YOU
❑ HAND DELIVERED
❑ SHOP DRAWINGS
❑ COPY OF LETTER
a ATTACHED
CHANGE ORDER
❑ PRINTS
PLATS
LETTER OF 7 xANSMITTAL
PRESENT DATE JOB NO.
11/20/96
ATTENTION Wayne Miller, Zoning Administrator
RE: F.a0cratP
UNDER SEPARATE THE FOLLOWING ITEMS
SAMPLES Fl SPECIFICATIONS
PLANS F7 OTHER
COPIES DATE DESCRIPTION
1 FCSA Comments
1 Fire Marshal Comments
1 VDOT Comments
1 Final Plat 30.9707 Acres - Standing in the Name of Wright's Run L.P.
a ARE TRANSMITTED APPROVED/SUBMITTED
FOR APPROVAL APPROVED/AS NOTED
FOR YOUR USE El RETURN/CORRECTIONS
AS REQUESTED
FOR REVIEW or COMMENT
❑ FOR BIDS DUE 19___
REMARKS
COPY TO:
RESUBMIT_ FOR APPROVAL
SUBMITN_ FOR DISTRIBUTION
RETURNED_ CORRECTED PRINTS
LOAN PRINT/RETURN
RETURN/WITHSIGNATURES
ti r,
�F ki 'J e'er
SIGNED Stephen M. Gygrisin
REV. 2.0
Frederick County Planning Department
Attn: Director of Planning
107 North Kent Street, 4th Floor
Winchester, Virginia 22601
(540) 665-6352
The Frederick County Planning Department is located at 107 N. Kent Street on the
4th floor of the Administration Building in Winchester if you prefer to hand
deliver this form.
Applicant's name, address and phone number:
Gilbert W. Clifford & Associates Inc. 200 N. Cameron Street
Winchester, Va. 22601, (540) 667-2139 c/o Stephen Gyurisin
Name of development and/or description of the request: Eastgate
Location: South side of relocated Route 642 at proposed Eastgate Drive.
11/15/96
Frederick County Planning Dept: s Comments:
Planning Signature and Date:
(NOTICE TO PLANNING DEPT. * PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to
assist the agency with their review. Also, please attach a copy of your application
form, location map and all other pertinent information.
L r'
C AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission August 07, 1991
Board of Supervisors August 14, 1991
#006-91 OF EASTGATE COMMERCE CENTER
WHEREAS, Rezoning application 1006-91 of Eastgate Commerce Center
to rezone 25 acres from RA to B-2, 20 acres from RA to B-3 and.70
acres from RA to M-1 located approximately 1.5 miles north of
Double Tollgate on U.S. 522 South in the Opequon District, and
identified by GPIN 760000A0000530, was referred to the Planning
Commission on August 7, 1991; and
7`' WHEREAS, the Planning Commission held a public hearing on this
.4 application on August 7, 1991; and
WHEREAS, the Planning Commission received a draft statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this
application on August 14, 1991; and
WHEREAS, the Board of Supervisors received a signed statement of
conditions proffered prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this
rezoning to be in the best interest of the public health, safety,
welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors as follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is
amended to revise the Zoning District Map to change 25 acres from
RA to B-2, 20 acres from RA to B-3 and 70 acres from RA to M-1
located approximately 1.5 miles north of Double Tollgate on U.S.
Route 522 in the Opequon District and identified as GPIN
760000A0000530 as described by the application and plat submitted,
subject to the following conditions voluntarily proffered in
writing by the applicant and property owner as follows:
PROFFER
EASTGATE COMMERCE CENTER REZONING REQUEST
(REVISED 8/14/91)
CASE NO. 006-9l
We, the undersigned, WRIGHTS RUN L.P., sole owner of the land to be
rezoned under zoning request number 00(0-41 , referred to as the Eastgate
Commerce Center rezoning, and the applicant for said rezoning, hereby
voluntarily proffer the following conditions. The conditions proffered shall be
binding upon the heirs, executors, administrators, assigns, and successors in
interest of the undersigned. In the event the Frederick County Board of
Supervisors grants said rezoning to B-2, B-3 & M-1 and accepts these conditions,
the following proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code:
1. As shown on the attached Generalized Development Plan, access to the
property to be developed will be by two intersections along the proposed Rte. 642
(Point B) and one intersection along U.S. Rte. 522 south. (Point D)
2. Within 60 days after rezoning approval by the Board of Supervisors
the owner will transfer to the Virginia Department of Highways or to the County
of Frederick, the eighty foot (80') fee simple right-of-way together with necessary
easements as shown on said plat as running from U.S Rte. 522 (Point C) to the
lands of James T. Vickers (Point A).
3. Wiring for electrical and telephone services within the development
area will be placed underground. The development area is the area bounded by
the limits of this proposed rezoning and adjacent rights -of -way.
4. The owners proffer the construction of a frontage road along the
commercially zoned frontage with Rte. 642 as shown on the Generalized
Development Plan from Point E to Point F. All B-3 zoned uses will be developed
utilizing this frontage_ road. A road efficiency buffer 30' in width between
pavements provided with landscaping and/or seeding for aesthetic purposes
along the cooridor wiu.be provided.
Eestgete Proffers Con't
(Rev.: 8/14191)
5. If or when, in the opinion of the Virginia Department of Transportation,
traffic signal(s) are required, the owners will construct the signalization and
associated improvements at the intersection of Va. Route 642 and the proposed
access road intersection (Point B) and/or at the US Route 522 and industrial
access road intersection (Point D). The signal light system will meet all VDOT
requirements. Notification shall be made at the time of any site plan review for
uses within the park. The owner proffers to construct the signal system within
nine (9) months of the date of such notification.
6. The owners proffer that all development on this site will be served by
central sewer and water facilities, which will be brought to the site by the
developer and provided by the Frederick County Sanitation Authority; except,
that individual sewer and water interim onsite facilities may be used for each of
the first three established business, in aggregate totalling no more than 400
employees. Such interim facilities are to be specifically approved by the Health
Department prior to site plan approval.
7. The owners proffer that storm water detention calculations will be
presented with final design which show no adverse impacts created by the
imposition of increased storm water on the existing downstream water course.
Storm water detention structures will be designed to limit post -development
flows to pre -development levels in accordance with state and county regulations.
Also, at the time of site plan approval, suitable analysis of run off quality impacts
will be performed, so as to mitigate a portion of the impact created by industrial
development of the site.
S. The owners proffer to construct a right turn lane on US Route 522 (Point
D) when the industrial access road is constructed. This access road may be
constructed and placed in operation prior to improvement of US Route 522 by
V.D.O.T. The owner further proffers to construct all road facilities to V.D.O.T.
requirements_ and.for-V.O.T. approval prior to development.
C_
' Eestgete Proffers Cont.
(Rev.: 8/14/91)
9. The owners proffer that interim uses described in #6 above, will be
provided with interim on -site fire protection satisfactory to the County Fire
Marshall, in the form of reservoir(s) of water with suitable means of delivery by
access to fire pumper truck.
10. The applicant desires to donate $5,000.00, in cash, at the time of transfer of
the first building lot or issuance of the first grading permit and an additional
$5,000.00, in cash, at the time of each of the second, third and fourth building lots
or issuance of each of the second, third or fourth grading permits to the Stephens
City Fire Department in order to provide for the expanded commercial and
industrial zoning fire needs. Should the entire site be transferred one parcel, the
Applicant will make a $20,000.00, in cash, donation to the Stephens City Fire
Department to be used for their needs.
t-
Allan Hudson
Frank Maranto
Sidney Lesowitz
Richard Peterson
Cindy Miller
This ordinance shall be in effect upon its passage.
Passed this 14th day of August, 1991.
A Copy Testa
Q- -) - I el "e, ("
Jc(hn A:/ pua;B1,, Jr
Fr ick County. dministrator
C
tr
p -IAtoe—
............. D
IN or so.
VAI
bo— V1, lQa
%AC11
Ir
A
t I
j-
BONE! E. E
• WO ZCr*: RA
OTA& MWA: SO ACI4.7
IOTAL AREA! 61 ACRES I
No ...
it
—d
leg A o—t.
6 All
I
THIS DEED OF DEDICATION, SUBDIVISION, and EASEMENT is made
this 20th day of December, 1996 by WRIGHTS RUN, L. P., a Virginia
Limited Partnership, Grantor; FREDERICK COUNTY, VIRGINIA,
Grantee; and SUSAN M. CHRISTIAN and DAVID J. BOMGARDNER, Sole
Acting Trustees.
WITNESSETH:
WHEREAS, Grantor is the owner of a tract of land, being a
portion of that land transferred to Grantor by deed dated July
14, 1989 and recorded at Deed Book 719, page 642, among the land
records of Frederick County, Virginia, which property is located
in the Shawnee Magisterial District, Frederick County, Virginia
(hereinafter "Property"), and which Property is more particularly
described and set forth on a plat prepared by P Duane Brown,
L.S., entitled "Final Plat, 29.8401 Acres --Standing in the Name
of Wright's Run, L.P.", which plat is attached to this Deed and
incorporated herein by reference (hereinafter "Plat"); and,
WHEREAS, the real estate shown on the Plat has been sub-
ivided into lots, which Plat shows the metes and bounds of the
subdivided land together with the dimensions of each lot; and,
WHEREAS, it is the desire of Grantor to dedicate to public
use for roadway purposes that portion of the Property shown and
set forth on the attached and incorporated Plat as "Proposed
Eastgate Drive" and "Future Right -of -Way"; and
WHEREAS, it is the desire of Grantor to create easements as
set forth on the above -referenced Plat to facilitate the
development of the Property; and,
WHEREAS, by Deed of Trust dated September 25, 1996, and
recorded on the land records of Frederick County in Deed Book 866
at page 1325, the Property was conveyed to David J. Bomgardner
and Michael D. Lubely, Trustees, to secure an obligation of the
Grantors herein, and said secured party has consented to release
the lien of said Deed of Trust as it may apply to the rights-of-
way created and dedicated herein, as evidenced by a sole acting
Trustee's execution of this instrument; and,
WHEREAS, by Deed of Trust dated July 14, 1989, and recorded
on the land records of Frederick County in Deed Book 719 at page
680, the Property was conveyed to M. Tyson Gilpin, Jr. et al,
Trustees, (Charles R. Blose and Susan M. Christian being
substituted as trustees by instrument dated June 29, 1996 of
record in said land records in Deed Book 861 at page 1559), as
security for an obligation and the holder of said obligation, the
secured party, has consented to release the lien of said Deed of
Trust as it may apply to the rights -of -way created and dedicated
herein, as evidenced by a sole acting Trustee's execution of this
instrument; and,
WHEREAS, by Deed of Trust dated July 14, 1989, and recorded
on the land records of Frederick County in Deed Book 719 at page
663, the Property was conveyed to Carroll E. Amos and Rickford W.
Tenney, Trustees, (Charles R. Blose and Susan M. Christian being
substituted as trustees by instrument dated July 11, 1996 of
record in said land records in Deed Book 861 at page 1563) as
security for an obligation and the holder of said obligation, the
secured party, has consented to release the lien of said Deed of
Trust as it may apply to the rights -of -way created and dedicated
herein, as evidenced by a sole acting Trustee's execution of this
instrument.
NOW, THEREFORE, THIS DEED WITNESSETH:
That for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby
subdivide and create Lots 1 and 2, as said lots are set forth on
the attached and incorporated Plat. This subdivision is made
with the consent and approval of the appropriate authorities of
Frederick County as evidenced by the signatures set forth on the
attached and incorporated Plat.
The Property dedicated hereby is subject to those certain
easements designated "30' Utility, Slope & Drainage Easement" on
the aforesaid attached Plat, for the purpose of surface water
drainage and utility installation. Said drainage easements may
not be altered or modified without the prior consent of Frederick
County, and the Grantor herein does hereby grant and convey unto
Frederick County a perpetual right of way or easement over the
aforesaid designated drainage easements for the purpose of so
providing surface drainage. The Grantor herein does further
agree that Frederick County shall be under no obligation to
maintain the drainage easements.
No owner of either lot shall interfere with the natural
drainage of surface water from such lot to the detriment of any
other property shown on the Plat.
AND THIS DEED FURTHER WITNESSETH:
That for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby
grant, bargain and convey to Frederick County and dedicate for
public roadway purposes that portion of the Property set forth on
the attached and incorporated Plat as Eastgate Drive (both the
shaded and unshaded portions shown on the Plat), designated on
the Plat as "Proposed Eastgate Drive" and "Future Right -of -Way."
Said dedication is made with the consent and approval of the
appropriate authorities of Frederick County as evidenced by the
signatures set forth on the attached and incorporated Plat.
The undersigned sole acting Trustees join in the execution
of this instrument to release said dedicated public right-of-way
from the liens of the deeds of trust as recited above.
The platting and dedication, including the dedication of the
public right-of-way are with the free consent and in accordance
with the desire of the undersigned Grantor as evidenced by the
signature of the partnership's general partner, set forth below.
WRIGHT'S RUN, L.P.,
a Virginia limited partnership
By: Hudson & Associates, Inc.,
a Virginia corporation,
Its General Partner
BY Ogw,4X4�n(SEAL)
Allan B. Hudson, President
TRUSTEE:
(see next signature page)
(SEAL)
Name:
Title: Sole Acting Trustee under Deed of
Trust recorded at D.B. 866, at pg 1325
TRUSTEE:
(SEAL)
Title: Sole Acting Trustee under Deeds of
- Trust at D.B. 719, at page 663 and
D.B. 719, at page 680
District of Columbia ) ss:
The foregoing instrument was acknowledged before me in the
above jurisdiction this �ay of December, 1996, by ALLAN B.
HUDSON, President of Hudson & Associates, Inc., a general partner
of WRIGHT'S RUN L.P., a Virginia limited partnership, on behalf
of said limited partnership.
IN WITNESS WHEREOF, I hereunto set my hand and official
INotarial Seal] Notary Public
My Commission expires:
11AIA77-
State of Virginia )
ss:
County )
Acknowledged before me thi
[Notarial Seal] Notary Public
My Commissi expires:
rict of Columbia
edged b
) ss:
this oZO14
[Nbtarial Seal] Notary Public
my Commission expires: ��
day of December, 1996, by
, Trustee.
day of December, 1996, by
Trustee.
7
WRIGHT'S RUN, L.P.,
a Virginia limited partnership
By: Hudson & Associates, Inc.,
a Virginia corporation,
Its General Partner
(see previous signature page)
By:
Allan B. Hudson, President
TRUSTEE:
(SEAL)
(SEAL)
A. i LSO oC v
e: Sole Acting stee under Deed of
Trust recorded at D.B. 866, at pg 1325
TRUSTEE:
(see previous signature page)
(SEAL)
Name:
Title: Sole Acting Trustee under Deeds of
Trust at D.B. 719, at page 663 and
D.B. 719, at page 680'
0
District of Columbia ) ss:
The foregoing instrument was ackn edged before me in the
above jurisdiction this day of De ember, 1996, by ALLAN B.
HUDSON, President of Hudson & Assoc' tes, Inc., a general partner
of WRIGHT'S RUN L.P., a Virginia mited partnership, on behalf
of said limited partnership.
IN WITNESS WHEREOF, I 1Xreunto set my hand and official
seal.
[Notarial Seal] /Notary Public
My Commissiog/'expires:
State of Virginia )
ss:
i0.t1� County )
)wled ed before me this Z c"� day of December, 1996, by
�d %o0-,! nJ KtA , Trustee.
It
[Notarial Seal] No ary Public
My Commission expires: s e,--(OQr 30 . aoon
District of Columbia ) ss:
Acknowledged before me
[Notarial Seal]
My Commission expires:
Public
day of December, 1996, by
Trustee.
EASTGATE COMMERCE CENT''M SUBD. #007-96
ArPRAVM Shw wee,