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HomeMy WebLinkAbout17-06 ProffersApril 15, 2009 Mr. Charles S. DeHaven Jr. County of Frederick 2075 Martinsburg Pike Winchester VA 22603 -4715 Mr. Mark R. Cheran Zoning Administrator County of Frederick Department of Planning an(' 107 North Kent Street, Suit Winchester, VA 22601 -500 Sincerely, Jack Waghorn Rutherford Farm, LLC ACCOUNT RE: Rutherford Farm Rt. 11 Monetary Contribution Bond Termination Dear Mr.'s Dehaven and Cheran: Enc. $250,000.00 check AMT. OF ACCOUNT A V NVRetai1 DATE k t RECEIVED fr- 'ADDRESS 6j lll JJl V 1 N 145ci �o h ,r` a Aux. ke/Jrc-n t■A zoflQ .1 V 61 Consistent with the proffers for the project referenced above, we are hereby making the required $250,000.00 contribution to Frederick County to be used for transportation improvements within the Martinsburg Pike corridor. This payment represents the satisfaction of all Proffers placed on the property. The road and signalization improvements already completed as part of Rutherford Crossing have accommodated the traffic generated by the development and have improved traffic flow in that area. This monetary contribution, in addition to the improvements already made, should further help ease pre- existing conditions on that corridor and allow the County to plan for future improvements to accommodate economic growth. The businesses at the shopping center are providing goods, services and employment to the area, while generating additional fiscal revenue for the county. We are proud to be making this contribution to the County of Frederick and to be a member of the community and look forward to a continued mutually beneficial relationship. 8230 LEESBURG PIKE SUITE 500 VIENNA, VIRGINIA 22182 (703) 734 -9839 fax: (703) 734 -0410 194' DOLLARS $25 OoO. '1 No. 1105 APR 1 6 2009 I Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29; 2006 Revised December 21, 2006 Revised January 17, 2007 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel #43 -((A)) -100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as 'a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct tuming radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of fmal site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury+Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: FOR Kti:n ylA000UNTNS3 '>s": HOW umbaa 1 311441 >.._Na1 PAY TO THE ORDER OF w. RUTHERFORD FARM LLC 07/07 NVRETAIL INC 11450 BARON CAMERON AVE BS. 703- 796 -1800 RESTON, VA 20190 -3637 •.A h ndred u DATE 68426/514 13005 r P-t, 5 250,0 -S DOLLARS 1002 BMX BRANCH BNIINB AND TRUST COMPANY 1400-BANK BBT BBT.00m Amami FOR R lAe rd Crn5Sin6 frock- 9 000010b211' I:0S1404260 '466" Action: PLANNING COMMISSION: December 6. 2006 Recommended Denial BOARD OF SUPERVISORS: January 24, 2007 KI APPROVED D. DENIED WH EREAS, Rezoning #17 -06 of Rutherford Crossing, submitted by Greenway Engineering, to rezone 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8:55 acres from M1 (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center, was considered. The properties are located at the northeast quadrant of the intersection of Interstate 81 (Exit 317) and Martinsburg Pike (Route 11) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43 -A -99 and 43 -A -100. An additional property to be subject to proffers, but not to be rezoned, is identified by Property Identification Number 43 -A -98. This property is located east of Interstate 81, approximately 1,500 feet north of the intersection of Interstate 81 and Martinsburg Pike (Route 11) in the Stonewall Magisterial District. WH EREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; and WH EREAS, the Board of Supervisors held a public hearing on this rezoning on January 24, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 22.45 acres from B3 (Industrial Transition) District to B2 (General Business) District and 8.55 acres from MI (Light Industrial) District to B2 District, totaling 31 acres, with proffers, for a retail center. as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRcs. 1109 -07 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #17 -06 OF RUTHERFORD CROSSING This ordinance shall be in effect on the date of adoption. Passed this 24th day of January, 2007 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes. #09-07 Aye Aye Aye Nay Bill M. Ewing Barbara E. Van Osten Charles S. DeHaven, Jr. Aye A COPY ATTEST John iley, Frederick County Administrator Aye Aye Greenway Engineering RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Recitals Rutherford Crossing April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth April 5, 2004 "the 2004 Proffer Statement REVISION DATE: January 17, 2007 "the 2006 Proffer Statement Rutherford Crossing Rezoning JAN 2 2 2007 REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43 -((A)) -100 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43- ((A)) -99 (here -in after the "Applicant WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, Greenway Engineering Preliminary Matters Zoning Districts April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43 -((A)) -111. A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43 -((A)) -100 from B -3, Industrial Transition District to B -2, Business General District and a 8.55± -acre portion of Tax Parcel 43- ((A)) -99 from M -1, Light Industrial District to B -2 Business General District, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District Overlay District 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007 (see attached Zoning Exhibit `B 2 Greenway Engineering A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby proffer that the following land uses shall not be permitted on the B -2, Business General District portion of the Property: (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included on the B -2, Business General District portion of the Property) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 PROFFER STATEMENT 3 Description SIC Truck Stop 5541 Rutherford Crossing Rezoning a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right- in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners no later than December 31, 2007. 4 Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation Rutherford Crossing Rezoning a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43-((AD-100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right -of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit "B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43-((AD-99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. 5 Greenway Engineering April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 4.) Comprehensive Plan Road Construction 6 Rutherford Crossing Rezoning d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), hereby agrees to prepare and execute a deed of dedication and a right -of -way dedication plat for the benefit of Frederick County within 90 days of request by the County for the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury+Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering D.) Historic Resource 1.) Interpretative Signs April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property located on Tax Parcel #43 -((A)) -100 to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: 7 Greenway Engineering The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 Rutherford Crossing Rezoning The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 2.) Landscaping The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg. Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" 8 Grecnway Engineering E.) Lighting The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((AD-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. G.) Recycling Proffer April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. 9 Rutherford Crossing Rezoning Orernxay Engineering Signatures April S. 2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7. 21106 Revised November 29. 2006 Revised December 21, 2006 Revised January 17. 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: .9—, C.8 \0 1 Rutherford Farm, LLC Date Tax Parcel #434(Ap -100 Commonwealth of Virginia, City /County of �74.ile .y-4 To Wit: The foregoing instrument was acknowledged before me this (n O t day of ibiziwyAl 200§Ciy /4 ILO Min H. iai,'YL My Commission Expires i?/a i) f 1 Rutcford Crossing Rezoning Notary Public Greenfly Engineering April 5, 2(100 ad Crossing Raining I Revised September 5, 2006 Revised October 26,2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 11, 2006 Revised lavuary 17, 2007 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ByCtinte." Virginia Apple Storage, Inc. Tax Parcel #43 {(A) )-98 //1/47 Date Commonwealth of `Vi V J Clrginia, 1 h City /eountyof PSI CY V To Wit: The foregoing instrument was acknowledged before me this 1'1 day of u G C 2006 by D I O A V 'Q Y YI S My Commission Expires l A 01 0 11 A n1/4„:\k‘kg I'ub lic v N o t ary Pubic Greenway E,gineeri a. Signatures Respectfully Submitted: April 5, 2000 Revised Sepoonter 5, 2006 Revisal Ocmba 26, 2006 Revisal November 7, 2006 Re ised November 29. 2006 Revised December 21, 2006 Revised January 17, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. By: -le�.���L/ C. Robert Solenberger Date Tax Parcel #43- ((A)) -99 Commonwealth of Virginia, City/enmity-of )(hCYI P't; To Wit: ik Y The foregoing instrument _was acknowledged before me this 1 4 day of �l� 11 Ua Y1l 2006 by td Jo \e evyr t J otary Public My Commission Expires q a o- a o 1 n 12 •e rfod Crossing Rezoning Gswiway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Jo S. Scully, IV T x Parcel #43- ((A)) -99 2006 by April 5.2004 Revised September 5, 2006 Rewind October 26.2006 Revised November 7, 2006 Revised tiovcrohr 29.2006 Revised December 21, 2006 Revised January 17, 2007 Commonwealth of Virginia, City /County -of W i n 11 PS Te e V A To Wit: k The foregoing instrument was acknowledged before me this 19 t day of ra vita Alt r� JO�h S. Sc�.) My Commission Expires q 3 D 9010 11 r Date Rutherford Crossing Reaming Greenway Fngineenng S ignatures Rutherford Crossing Rezoning Respectfully Submitted: By: April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21 2006 Revised January 17, 2077 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. /John B. Schroth Date Tax Parcel #43- OEA)) -99 Commonwealth of Virginia, City/C�I� of w h r V t P5If i' r V /1 n th The foregoing instrument was ackCc l nowlledgedd before me this v day of �!A r U Q Yy 2006 by c1 F1 V1 IJ J1 YU 1 My Commission Expires 0 1 3U `elf D\ 0 14 To Wit: J Notary Public N 0 3.SS. 05'956 0 0 n 0 co m n co m 0 0 1 i n SHEET 1 OF 2 Scale Date: JANUARY 2007 Designed by: TP Drown by: RP Checked by: KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING 'A' STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners NOINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway. Suite 1000 Chantilly,Virginia 20151 Tel 703/968 -9090 Fax 703/968 -4866 BurytiPartoers -VA, Inc. ©Copyright 2008 G:\ 20225- NVRetai801- Winchester\Exh\ONING EXHIBITA.dwg, Layoutl, 1/18/2007 9:22:37 AM, kpullen, 1:1 0 rn 0 co A O 9 0 rn m O 0 co 0- d 0 0 N Designed by KP Drown by: RP Checked hy: TP score: 1" 400' JANUARY 2007 U,tL' 3.O42C.LCS Project No. 20225 -0 ,C '98C 3.09,2C.t SS 0 Ca 0 CA Z O 0 U N LA Ln 00) Na (0 U m NJ cn m N m Nn cn N O U 0 4 0 m Z O O m 0 i0 m P 01 (P nti m 0 co G LO c 0. m z 0 co co A O m 0 Z 0 2 0 rn ti 0 0 SHEET 2 OF 2 Ul RUTHERFORD CROSSING ZONING EXHIBIT 'B' PROPOSED ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA CD n n NI 0 N z 0 D ury +Partners N O I N E E R I N O SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway, Suite 1000 Chantiuy,Virgioia 20151 Tel 703/968 -9090 Fax 703/968 -4658 Bury+Partners -VA, Inc. ©Copyright. 2006 Greenway Engineering RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Recitals April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Crossing Rezoning tt REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43-((A))-100 (here -in after the "Applicant Rutherford Crossing April 5, 2004 "the 2004 Proffer Statement REVISION DATE: December 21, 2006 "the 2006 Proffer Statement WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the 2004 Proffer Statement); and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the 2004 Proffer Statement; and, JAN 5 2007 Greenway Engineering Preliminary Matters Zoning Districts April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 WHEREAS, all other proffers contained in the 2004 Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth in this, the 2006 Proffer Statement, without further obligation to Tax Parcel #43 -((A)) -111. A.) The 2004 Proffer Statement is hereby terminated and in lieu of the same, this 2006 Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43 -((A)) -100 from B -3, Industrial Transition District to B -2, Business General District and a 8.55± -acre portion of Tax Parcel 43- ((A)) -99 from M -1, Light Industrial District to B -2 Business General District, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District Overlay District 138.68± acres of IA, Interstate Area Overlay District Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006 (see attached Zoning Exhibit `B 2 Rutherford Crossing Rezoning ROT. CJR9'C!Jr'lrin Greenway Engineering B.) Prohibited Land Uses Description Truck Stop C.) Transportation Enhancements 1.) Traffic Signalization April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 PROFFER STATEMENT A.) Maximum Building Structure Square Feet 3 SIC 5541 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer that the following land uses shall not be permitted on the Property: (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound on and off ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners no later than December 31, 2007. 4 NOT cuRo T Greenway Engineering 3.) Right of Way Reservation April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #434(A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- 4A)) -99), hereby agree to dedicate for the benefit of Frederick County the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated December 2006. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to reserve for the benefit of Frederick County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated December 2006 for future financial compensation. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -99 proposed for dedication and/or reservation not being needed, then the land not needed shall be released from the dedication and/or reservation specified above. 5 Rutherford Crossing Rezoning Greenway Engineering April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 4.) Comprehensive Plan Road Construction Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated December 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated December 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property, and in any event, prior to the issuance of the first occupancy permit on the Property. 6 NOT NT Greenway Engineering D.) Historic Resource 1.) Interpretative Signs April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 6.) Monetary Contributions for Route 11 Corridor Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area, which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association, Inc., a non -stock corporation to be established by the Applicant, Rutherford Farm, LLC, within 60 days of final rezoning approval. 7 Greenway Engineering 2.) Landscaping 3.) Property Name E.) Lighting F.) Signage April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Rutherford Crossing Rezoning The Applicant, Rutherford Farm, LLC. (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan dated December 21, 2006 prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A))-99), hereby proffer the naming of the Property to: "Rutherford Crossing" The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 8 NOT CURRENT Greenway Engineering G.) Recycling Proffer Atoll 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 9 Rutherford Crossing Rezoning 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))-99), hereby proffer to limit the total number of signs to three. The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, John S. Scully, IV, and John B. Schroth, (Tax Parcel #43- ((A))- 99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Grecnwav Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Cit Commonwealth of Virginia, April 5, 2004 1 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 ofVZCU- To Wit: The foregoing instrument was acknowledged before me this3 of SZ■■.2.rj v '32 CrI LA% DS (1 My Commission Expires 1n\C625 3l) YY` 10 Rutherford Crossing Rezoning L� Notary Public NOT F 6'.: I'..T'i NOs GD= Greenwny Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ByQfcfla_ 4 ah, s 1a I 1 94e Virginia Apple Storage, Inc. Date Tax Parcel #43- ((A)) -98 Commonwealth of Virginia, Gity/County of The foregoing instrument was acknowledged before me this 2006 by --N My Commission Expires April 5, 2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 ,3- 31 -08 11 To Wit: Rutherford Crossing Rezoning day of NOT CURREITT Greenway Engineering A pril 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7. 2006 Revised November 29, 2006 Revised December 21, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: /'G✓ C. Robert Solenberger Tax Parcel #43- ((A)) -99 Commonwealth of Virginia, Cityf €otnrty of (0 I44 ,0 2006 by is /sq /06 Date To Wit: The foregoing instrument was acknowledged before me thisday of My Commission Expires 3 -3 0 K 12 Rutherford Crossing Rezoning Notary Public NOT CURN'" Greenway Engineering Signatures April 5, 2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: ;a/4e/ Y Jo S. Scully, IV Date ax Parcel #43- ((A)) -99 Commonwealth of Virginia, City County of U (A-c46.,At To Wit: The foregoing instrument was acknowledged before me this day of ,C.e.e_o -fra tr 2006 by 5z3 Z V My :Commission Expires 3 3 0 ff 13 Notary Public Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Record Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: B. ,J o.1:.r,L ohn B. Schroth Date ax Parcel #434(A)) -99 Commonwealth of Virginia, City /C-onmy of &i To Wit: The foregoing instrument was acknowledged before me thisa9 day of 2006 by J*Commission Expires /3 O April 5. 2004 Revised September 5. 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 14 Rutherford Crossing Rezoning SOT CURRENT ii fit d_ 'CDC 09,ZCASS e m m t0 N 0 N N 2 mE Z ,LL'CZS 3.65.CGlSS Nw u I L g n toA O ss 0 CO 0 O CO N D n N 0 2 Z 0 u r .9[569 3.54 66.[95 SHEET 1 OF 2 Cate: NOVEMBER 2006 Designed by: TP Drawn by: RP checked by: KP Project No. 20225 01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway. Suite 1000 Chantilty.Yirginia 20151 Tel 703/968 -9090 Fax 703/966 -4888 Bury+Partners -VA. Inc. ®Copyright 2008 Date: DECEMBER 2006 Designed by: KP Drown by: Project No. Checked by TP �I, le C9C 3.09,9Cl SS Ca -4 z O 0 ca to Jen NJ 01 J 4 m co N cn on N ID m as 0 N cn 0 Ca n u N N J 4 N b LP 0 z 0 O rn n NJ N r0 m 4 cn m CC N CPI CII m O N m N rn 0 4 w O Pl O N z 0 2 O O O rko O SHEET OF 2 n l 1 400' 20225 -01 RUTHERFORD CROSSING ZONING EXHIBIT IT PROPOSED ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA (0 W 0 O 0 ni D Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway. Suite 1000 Chantilly,YU;inia 20151 Tel 709/968 -9090 Fax 703/968 -4868 Bury +Partners -VA, Inc. 0 Copyright 2008 Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 3.) Right of Way Dedication and Reservation 5 Rutherford Crossing Rezoning a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC, shall prepare and execute a deed of dedication and a right -of -way dedication plat to be provided to VDOT for signature within 90 days of said request. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE-100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). In the event the Commonwealth of Virginia requests the reservation to be dedicated, the Applicant, Rutherford Farm, LLC and the Record Owner, Virginia Apple Storage, Inc., shall prepare and execute a deed of dedication and a right -of- way dedication plat to be provided to VDOT for signature within 90 days of said request. c.) The Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located within the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury+Partners, dated January 2007. Additionally, the Record Owners, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby agree to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -99 as demonstrated on the Frederick County Route 37 R.O.W. Map and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -99 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Revised December 21, 2006 Revised January 17, 2007 4.) Comprehensive Plan Road Construction 6 Rutherford Crossing Rezoning d.) The Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), hereby agrees to dedicate for the benefit of Frederick County within 90 days of request by the County the land located outside of the 350 -foot wide Route 37 corridor on Tax Parcel #43- ((A)) -98 as demonstrated on the Frederick County Route 37 R.O.W. Map as an Interstate 81 northbound off -ramp to Route 37 and further identified on Zoning Exhibit `B" prepared by Bury +Partners, dated January 2007. Should the final location of the Route 37 corridor result in any portion of the land on Tax Parcel #43- ((A)) -98 proposed for dedication not being needed, then the land not needed shall be released in writing by the County from the dedication specified above. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((AD-100), hereby agrees to coordinate, dedicate, and construct the major collector road between the primary entrance to the Property and the first intersection on Tax Parcel 43- ((A))- 99; as well as coordinate, dedicate, and construct the road section from this intersection to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. The location of the major collector road and the internal road network identified on Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 shall replace the major collector road and the internal road network identified on the Rutherford's Farm Industrial Park Master Development Plan approved by Frederick County on November 22, 2002. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction of the road sections described in this paragraph to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Zoning Exhibit `B" prepared by Bury +Partners dated January 2007 and attached as a proffered exhibit. Greenway Engineering RECORD OWNER: APPLICANT: PROJECT NAME: Recitals April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 THIS AMENDED AND RESTATED PROFFER STATEMENT MADE AS TO THE RUTHERFORD CROSSING PROJECT (formerly Rutherford's Farm Industrial Park) Rutherford Crossing ORIGINAL DATE OF PROFNERS: April 5, 2004 REVISION DATE: November 29, 2006 Rutherford Crossing Rezoning Rutherford Farm, LLC; Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth NOT CURR,1;, i v; REZONING: RZ# 17 -06 B -3, Industrial Transition District (22.45± acres) and M -1, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels #43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100, (here -in after the "Property Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43 -((A)) -100 (here -in after the "Applicant WHEREAS, C. Robert Solenberger, John S. Scully, IV, and John B. Schroth are the successors in interest to Rutherford, LLC, a Virginia limited liability company which originally made the Proffer Statement for Rutherford's Farm Industrial Park dated April 5, 2004 (the "Proffer Statement and, WHEREAS, the Monetary Contribution To Offset Impact Of Development in the amount of $10,000.00 has heretofore been paid pursuant to the Proffer Statement, the Applicant and Record Owner and the applicant herein desire to change the name of Rutherford's Farm Industrial Park to "Rutherford Crossing" and the Applicant and Record Owner have agreed to reduce the Maximum Building Structure Square Feet for the Property as hereinafter set forth. Greenway Engineering Zoning Districts Overlay District April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 WHEREAS, all other proffers contained in the Proffer Statement have agreed to be provided by the Applicant and the Record Owner of each tax parcel as set forth hereinafter. NOW THEREFORE, in consideration of the benefits to accrue thereby, it is agreed as follows: Preliminary Matters A.) The Proffer Statement dated April 5, 2004 is hereby terminated and in lieu of the same, this Proffer Statement is made. B.) Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant and Record Owners hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 17 -06 for the rezoning of a 22.45± -acre portion of Tax Parcel 43- ((A)) -99 and a 8.55± -acre portion of Tax Parcel 43 -((A)) -100, and to reconfigure the M -1, Light Industrial District, and B -2, Business General District zoning boundaries for the remainder of the acreage to establish the following: 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District 138.68± acres of IA, Interstate Area Overlay District Rutherford Crossing Rezoning SOT G-ciT Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and Record Owners and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc., being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43-((A))-99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Rezoning Plat Exhibit prepared by Bury +Partners, dated November 2006 (see attached Rezoning Exhibit Plat). 2 Greenway Engineering A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total building structures to 1,245,000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #434(A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #434(A)) -99), hereby proffer that the following land uses shall not be permitted on the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), hereby agrees to the following transportation enhancements: 1.) Traffic Signalization April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 PROFFER STATEMENT a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. 3 Rutherford Crossing Rezoning voTC RER?T Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Rutherford Crossing Rezoning b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) 'Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agree to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 2.) Site Access Improvements The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right in/right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan prepared by Bury +Partners no later than December 31, 2007. 4 NOT CURRENT Greenway Engineering 3.) Right of Way Reservation April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 4.) Comprehensive Plan Road Construction 5 Rutherford Crossing Rezoning NOT CURRENT a.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100) hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. This right of way reservation plat shall be prepared by the Applicant and provided to VDOT for signature within 90 days of VDOT permit approval for this improvement. b.) The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100, and the Record Owner, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98) hereby agree to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081- 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way reservation plat shall be prepared by the Applicant, Rutherford Farm, LLC, and by the Record Owner, Virginia Apple Storage, Inc., and provided to VDOT for signature within 90 days of written request by VDOT for said right of way reservation. c.) The Record Owners, C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth (Tax Parcel #43- ((A))-99), hereby agree that for a period of ten (10) years from the date of the approval of the rezoning, that they will not build upon the tract of land containing 14 acres, more or less, and proposed to be used as part of the construction of the Route 37 bypass in Frederick County; however, any taking of the property will be compensated at fair market value. The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to coordinate, dedicate, and construct the portion of the major collector road between the primary entrance to the property and the cul -de -sac adjacent to Tax Map Parcel 43 -((A)) -111 that will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, further agrees that it will use reasonable commercial effort and diligently pursue the construction to base pavement and made available for public access no later than December 31, 2007. Greenway Engineering The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 7, 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford Farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. D.) Historic Resource 1.) Interpretative Signs 41111 April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the 6 Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Master Development Plan prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association. 2.) Landscaping The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby agrees to provide a transitional landscape buffer that will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC (Tax Parcel #43 -((A)) -100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98); C. Robert Solenberger (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #434(A)) -99), and John B. Schroth (Tax Parcel #43- ((A)) -99), hereby proffer the naming of the Property to: "Rutherford Crossing" 7 Rutherford Crossing Rezoning ,NOT CURRENT Greenway Engineering E.) Lighting F.) Signage G.) Recycling Proffer April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 8 Rutherford Crossing Rezoning NOT CURRENT The Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((AD-100), hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. 1.) The Applicant, Rutherford Farm, LLC, (Tax Parcel #43 -((A)) -100), hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, (Tax Parcel #43-((AD-100), and the Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A)) -99), and John B. Schroth, (Tax Parcel #43- ((A)) -99), hereby proffer to limit the total number of signs to three. The Record Owners, Virginia Apple Storage, Inc., (Tax Parcel #43- ((A)) -98), C. Robert Solenberger, (Tax Parcel #43- ((A)) -99), John S. Scully, IV (Tax Parcel #43- ((A))-99), and John B. Schroth, (Tax Parcel #43- ((A)) -99), hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Rutherford Farm, LLC Tax Parcel #43 -((A)) -100 Commonwealth of Virginia, City /County of lu, April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 The foregoing instrument was acknowledged before me this 30 i day of /Jt,t 'mitt el" 2006 by dun My Commission Expires /naaf. 2 ;God 9 Date To Wit: Notary Public Rutherford Crossing Rezoning /AA/64A- fra NOT CURRENT Greenway Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: (14v S5/4 Vi31 OVA Virginia Apple Storage, Inc. Date Tax Parcel #43- ((A)) -98 Commonwealth of Virginia, GitylCounty of l To Wit: The foregoing instrument was acknowledged before me this y day of 2006 by l /he t,/ cJ 44,- My Commission Expires 3 3 N U 10 Rutherford Crossing Rezoning NOT CURRENT Notary Public Greenway Engineering Signatures Respectfully Submitted: Commonwealth of Virginia, City /EffiL5 .of My Commission Expires April 5, 2004 Rutherford Crossing Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. B d i ei C. Robert Solenberger Date Tax Parcel #43- ((A)) -99 w; es \cr VA Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 NOT CURRENT S 30,aV 0 11 To Wit: The foregoing instrument was acknowledged before me this 1 of kleCPmbe 2006 by C• n er+ Sol en kierger' Uri Cit1J t Zetel Notary Public Greenway Engineering Signatures Respectfully Submitted: April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Revised November 29, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. C B Y:�� i i 1 9 1 r /06 John S. Scully, IV Date Tax Parcel #43 ((A)) 99 My Commission Expires Se VA. 30, 001e? 12 Rutherford Crossing Rezoning Commonwealth of Virginia, City/eveattrof wi n dn.(' e r To Wit: The foregoing instrument was acknowledged before me this St day of Dec t 2006 by AY) S JCullt I `t VVYINbiL ,2, 6 (1-c 2 Notary Public NOT CURRENT Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: ohn B. Schroth Date Tax Parcel #43 ((A)) 99 Commonwealth of Virginia, April 5, 2004 Revised September 5, 2006 Revised October 26,2006 Revised November 7, 2006 Revised November 29, 2006 City/C City/Cnctay of W1 rlc�l 10S1 rt VA To Wit: The foregoing instrument was acknowledged before me this 1 51- day of Dec evil bey- 2006 by To \,r B. SC 60-0x My Commission Expires 30 a O\0 13 (,2 Rutherford Crossing Rezoning kiv OA Notary Public N1 Green 'ay Engineering April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Rutherford Crossing Rezoning RUTHERFORD CROSSING PROFFER STATEMENT REZONING: RZ# B -3, Industrial Transition District (22.45± acres) and M -I, Light Industrial District (8.55± acres) to B -2, Business General District (31.0± acres) PROPERTY: 138.68± acres; Tax Parcels 43- ((A)) -98, 43- ((A)) -99, 43 -((A)) -100. (here -in after the `Property RECORD OWNER: Rutherford Farm, LLC: Virginia Apple Storage, Inc.; C. Robert Solenberger; John S. Scully, IV; John B. Schroth APPLICANT: Rutherford Farm, LLC (Owner of 22.45± acres, being a portion of Tax Parcel 43- ((A)) -99 and Contract Purchaser for 8.55± acres, being a portion of Tax Parcel 43 -((A)) -100 (here -in after the "Applicant PROJECT NAME: Rutherford Crossing ORIGINAL DATE OF PROFFERS: April 5. 2004 REVISION DATE: November 7, 2006 Preliminary Matters Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended. and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of a 22.45± -acre portion of Tax Parcel 43- ((A)) -99 and a 8.55± -acre portion of Tax Parcel 43 -((A)) -100, and to reconfigure the M -1, Light Industrial District, and B -2. Business General District zoning boundaries for the remainder of the acreage to establish the following: Zoning Districts 79.03± -acres of M -1, Light Industrial District 59.65± -acres of B -2, Business General District NOT CUM. Orecnway Engineering Overlay District April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 138.68± acres of IA. Interstate Area Overlay District Rutherford Crossing Rezoning Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted. then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject Property more particularly described as the lands owned by Virginia Apple Storage, Inc.. being all of Tax Parcel 43- ((A)) -98; C. Robert Solenberger, John S. Scully, IV, and John B. Schroth being all of Tax Parcel 43- ((A)) -99; and Rutherford Farm, LLC, being all of Tax Parcel 43 -((A)) -100; and further described by Rezoning Plat Exhibit prepared by Bury +Partners, dated November 2006 (see attached Rezoning Exhibit Plat). PROFFER STATEMENT A.) Maximum Building Structure Square Feet The Applicant, Rutherford Farm, LLC and the record owners, Virginia Apple Storage. Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer to limit the total building structures to 1,400.000 square feet for the entire Property. B.) Prohibited Land Uses The Applicant, Rutherford Farm, LLC and the Record Owners. Virginia Apple Storage, Inc; C. Robert Solenberger: John S. Scully, IV: and John B. Schroth, hereby proffer that the following land uses shall not be permitted on the Property: Description SIC Truck Stop 5541 (Excluding Truck Stops, all other uses within SIC Code 5541 are hereby acceptable and included) 2 No t cuaaan Greenway Engineering 0 April 5.2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 C.) Transportation Enhancements The Applicant, Rutherford Farm, LLC, hereby agrees to the following transportation enhancements: 1.) Traffic Signalization a.) A traffic signal will be installed by the Applicant when warranted by the Virginia Department of Transportation "VDOT at the intersection of Martinsburg Pike (U.S. Route 11 North) and the proposed primary entrance to the Property in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. b.) A traffic signal will be installed by the Applicant when warranted by VDOT at the southbound ramps of the Interstate 81 Exit 317 interchange and Martinsburg Pike (U.S. Route 11 North) in the configuration and design as approved by VDOT. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. c.) A traffic signal will be installed by the Applicant when warranted by VDOT at the intersection of Martinsburg Pike with the northbound on -ramp of the Interstate 81 Exit 317 interchange and Redbud Road (Route 661) in the configuration and design as approved by VDOT. This traffic signal shall be designed to accommodate the relocation of the Interstate 81 northbound off ramp at a cross intersection with the existing Interstate 81 northbound on- ramp. The Applicant shall enter into and execute a signalization agreement prior to the issuance of the first occupancy permit within the B -2, Business General District acreage on the Property. d.) Prior to the installation of the traffic signals provided for in this section, the Applicant hereby agrees to prepare a signalization timing analysis for all existing and proposed traffic signals located along Martinsburg Pike between the proposed primary entrance to the Property and Crown Lane. The Applicant will provide this analysis to VDOT and will incur the cost required to reconfigure the signalization timing for each traffic signal identified in the section if warranted by VDOT. 3 NOT CORREN-I Greenway Engineering 2.) Site Access Improvements April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Rutherford Crossing Rezoning NOT CURRE The Applicant, Rutherford Farm, LLC, hereby agrees to limit the total number of entrances for site access along Martinsburg Pike to one full entrance and two right -in /right -out entrances. The spacing between the centerline of all proposed entrances along Martinsburg Pike shall be a minimum of 500 feet. Additionally, the Applicant agrees to fully fund and construct travel lane and turn lane improvements along northbound and southbound Martinsburg Pike in substantial conformity to the transportation improvement exhibit identified on the Master Development Plan prepared by Bury +Partners dated October 24, 2006 no later than December 31, 2007. 3.) Right of Way Reservation a.) The Applicant, Rutherford Farm, LLC hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Martinsburg Pike (U.S. Route 11 North) to implement the Rutherford's Farm Route 11 Public Improvements Plan approved by VDOT on February 17, 2004. This right of way reservation plat shall be prepared by the Applicant and provided to VDOT for signature within 90 days of VDOT permit approval for this improvement. b.) The record owner, Virginia Apple Storage, Inc., hereby agrees to reserve right of way without financial compensation for the benefit of the Commonwealth of Virginia along Interstate 81 as shown on Interstate 81 Improvement Study VDOT Project No. 0081 968 -F11, PE -100 MP 305 to West Virginia State Line Frederick County, dated November 1998 (specifically noted on Sheet 24 of said study). The right of way reservation plat shall be prepared by the record owner, Virginia Apple Storage, Inc., and provided to VDOT for signature within 90 days of written request by VDOT for said right of way reservation. c.) The record owners, C. Robert Solenberger, John S. Scully, IV and John B. Schroth hereby agree that for a period of five (5) years from the date of the approval of the rezoning, that they will not build upon the tract of land containing 14 acres, more or less, and proposed to be used as part of the construction of the Route 37 bypass in Frederick County; however, any taking of the property will be compensated at fair market value. 4 Greenway Engineering April 5, 2004 1 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 4.) Comprehensive Plan Road Construction 5 Rutherford Crossing Rezoning ,Nor c The Applicant, Rutherford Farm, LLC, hereby agrees to coordinate, dedicate, and construct the portion of the major collector road between the primary entrance to the property and the cul -de -sac adjacent to Tax Map Parcel 43-((A))-111 that will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. The Applicant, Rutherford Farm, LLC, agrees that it will use reasonable commercial effort and diligently pursue the construction to base pavement and made available for public access no later than December 31, 2007. The remaining portion of the major collector road system which intersects the major collector road system described in the above paragraph and proceeds in a west to northwest direction through the Property, as well as the internal street located to the south of the major collector road described in the above paragraph will be incorporated in and constructed with each site plan submission that is adjacent to or is part of the site plan. The location of these internal road systems will be located in substantial conformity with the internal road network identified on the Rutherford Crossing Zoning Exhibit prepared by Bury +Partners dated November 2006 and attached as a proffered exhibit. 5.) Route 11 and Interstate 81 Northbound On -Ramp Improvements The Applicant, Rutherford Farm, LLC, hereby agrees to construct a third southbound lane on U.S. Route 11 from the primary entrance to the Property to the Interstate 81 Exit 317 northbound on -ramp. These improvements will include a 12' wide lane of approximately 600 linear feet in length to serve as a continuous right turn lane for the Interstate 81 Exit 317 northbound on -ramp. Additionally, the Applicant, Rutherford Farm, LLC, will construct turning radius improvements at the Interstate 81 Exit 317 northbound on -ramp to ensure a smooth transition. The improvements shall be completed within one year following approval of the first site plan submitted within the B -2, Business General portion of the Property. 6.) Monetary Contributions for Route 11 Corridor The Applicant, Rutherford Farm, LLC, hereby agrees to provide $250,000.00 to Frederick County within 18 months of final site plan approval for the first site plan submitted within the B -2, Business General portion of the Property to be utilized unconditionally for transportation studies or physical improvements within the Martinsburg Pike corridor. Additionally, the Applicant, Rutherford farm, LLC, agrees to allow Frederick County to utilize this monetary contribution as matching funds for federal or state transportation improvement grants that will apply to the Martinsburg Pike corridor. s_ v Grcenway Engineering 1.) Interpretative Signs April 5, 2004 Rutherford Crossing Rezoning Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 D.) Historic Resource NOT CUR lti The Applicant, Rutherford Farm, LLC, hereby proffers to provide an interpretive area in the location of the old Rutherford's Farm House along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. A public access easement will be provided for the interpretative sign viewing area which shall be enhanced with picnic tables and landscaping. The public access easement will be prepared and the proposed improvements will be constructed in conjunction with the site plan that is approved adjacent to this area. Three interpretative plaques will be provided. They are as follows: The Second Battle of Winchester The Battle of Rutherford's Farm The Rutherford's Farm House The interpretative signs will contain language and pictures acceptable to the Frederick County Historic Resources Advisory Board. The maintenance of the interpretative signs, picnic tables, landscaping and public parking for the interpretative sign viewing area shall be the responsibility of the Rutherford Crossing Association. 2.) Landscaping The Applicant, Rutherford Farm, LLC, hereby agrees to provide a transitional landscape buffer will be provided along Martinsburg Pike (U.S. Route 11 North) as identified on the Master Development Plan prepared by Bury +Partners. This landscape easement will be 15' in width and will consist of a low earthen mound of 2 -3' in height with plantings of ground covers, flowers, grasses, shrubs and trees in general conformity with the landscape buffer typical section provided on the Master Development Plan. The landscape buffer will be installed during the construction of the first structure within the B -2 District portion of the Property, and will be maintained by the Rutherford Crossing Association. 3.) Property Name The Applicant, Rutherford Farm, LLC, hereby proffer the naming of their property to: "Rutherford Crossing" Greenway Engineering E.) Lighting April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 The Applicant, Rutherford Farm, LLC, hereby agrees that all building mounted lights and pole- mounted lights will be of a downcast nature, hooded and directed away from adjacent properties surrounding the proposed project. The Applicant, Rutherford Farm, LLC, will submit lighting plans as a separate attachment for review and approval by the Frederick County Planning Department prior to the installation of these lighting features. F.) Signage Rutherford Crossing Rezoning 1.) The Applicant, Rutherford Farm, LLC, hereby proffers that all freestanding business signs located at the entrances to the Property along Martinsburg Pike shall be monument -style signs not to exceed 12' in height. 2.) Within the IA (Interstate Area Overlay) District located throughout the limits of the Property, the Applicant, Rutherford Farm, LLC, and the record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby proffer to limit the total number of signs to three. G.) Recycling Proffer The record owners, Virginia Apple Storage, Inc., C. Robert Solenberger, John S. Scully, IV and John B. Schroth, hereby agree to implement recycling programs with each industrial user to ensure appropriate waste reduction, disposal, and recycling of any waste or byproduct material. The program for each industrial user will be reviewed and will be subject to approval by the Frederick County Recycling Coordinator prior to the issuance of a final occupancy permit for each industrial user. Greenway Engineering Signatures April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Ruthe ord Farm, LLC Commonwealth of Virginia, 11 0C- Date �CP�r 11 To wit: The foregoing instrument was acknowledged before me this N6 day of NLoVern 2006 by Will lam {-l: Lauer, Pre5ideed- My Commission Expires Fe.° ructrt, act, 2(08 Notary Public Rutherford Crossing Rezoning NOT CURRENT Grcenway Engineering Respectfully Submitted: Commonwealth of Virginia, Cit Countysf Fade rrck My Commission Expires April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. w B e /l�677r� ae- r1/4-k Virginia Apple Siorage, Inc. Date l r 9 To Wit: Notary ublic The foregoing instrument was acknowledged before me this 9 day of WoUern,\ner Rutherford Crossing Rezoning pyo lock M.Win Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: /0 C. Robert Solenberger Commonwealth of Virginia, City/ ount of fre(krtck. April 5, 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 My Commission Expires �JCmk t aeoB 10 Date To Wit: The foregoing instrument was acknowledged before me this 2006 by 0,, })PX# S0\tf ontr Rutherford Crossing Rezoning 9 day of 1\01.1e,ybe f Notary lkl blic N0T CURRj r S M. (AM) Green ay Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: John cully, IV Commonwealth of Virginia, Ci April 5. 2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 2006 by JO kin S SCOT h oG E Date f FredevicL- To Wit: The foregoing instrument was acknowledged before me this Si-In day of NoVe M lacv- My Commission Expires Re;b0 rt{ 2 20013 Notary Public Rutherford Crossing Rezoning NOT CURRENT Greenway Engineering Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Commonwealth of Virginia, City/ April 5,2004 Revised September 5, 2006 Revised October 26, 2006 Revised November 7, 2006 Date Rieder To Wit: The foregoing instrument was acknowledged before me thisQMnday of Hove.rntoe- 2006 by Jo hvn a Sc.-hire-HA My Commission Expires retovva 221, 2608 12 --n0 Notary Public Rutherford Crossing Rezoning NOT CURRENT 0 V N to 0' co N N N r, m m 0 N (0 CA 0 0 In v CO ni 0 ru N 0 co z N 0 r, 0 n to ru O r0 N 0 c 1' W u 0. d N to 11 0 N 0 0 W P Fo co A U 0 N 1' 0 0 10 W A O a In It CBE 3.00,ZLl SS ,LL CZ5 SHEET 1 OF 2 Date: NOVEMBER 2006 Designed by: TP Drown by: RP Checked by: KP Project No. 20225 -01 RUTHERFORD'S FARM INDUSTRIAL PARK ZONING EXHIBIT EXISTING ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA P Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3010 Concorde Parkway, Suite 1000 Chantilly,Virginia 20151 Tel 703/968 -9090 Fax 703/966 -4866 Bury+Partners —VA, Inc. Copyright 2006 0 0 0 U G 0 0 O O 0 n 0 0 x 0 0 0 01 O 0 01 9c z CD ti 0 0 01 0 CPI O z LIN 0 01 01 to cri 4 on u u NJ m 01 0 04 u 00 ND O LIN cn 0 z 0 0 0 01 n) co co m CO o m Iw 01 N CO tO CO in cn 0 0 w O rn D 0 N z 0 0 0 0 O 0 to 10 rn ri rf 1a p Sn S u. O z W f sz<=`,9> 1:1 1 o BZ'108 1 z A .99,61.1 F teb 1 1 11 I _.N®1 CUR EN teci Do n II ,01059 I I rr CD co en n J co 0 0 S a II 1 1 SHEET 2 OF 2 some: 1" 400' Dale: NOVEMBER 2006 Designed by: KP Drag by: RP Checked by: TP Project No. 20225 -01 RUTHERFORD CROSSING ZONING EXHIBIT PROPOSED ZONING STONEWALL MAGISTRIAL DISTRICT FREDRICK COUNTY, VIRGINIA Bury +Partners ENGINEERING SOLUTIONS Consulting Engineers and Surveyors 3810 Concorde Parkway, Suite 1000 Chaotilly,Virginia 20151 Tel 703/988 -9090 Fax 703/968 -4866 Bury +Part ers -VA, Inc. Copyright 2008