HomeMy WebLinkAbout06-04 ApplicationJuly 15, 2004
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING #06 -04, RUTHERFORD, LLC
Dear Evan:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting ofJuly 14, 2004. The above- referenced application was approved to rezone 13.4 acres from
the RA (Rural Areas); B2 (Business General); B3 (Industrial Transition); and, Ml (Light Industrial)
Districts to the B2 (Business General) and B3 (Industrial Transition) Districts. The subject acreage
is located within the northeast quadrant of the Interstate 81 interchange area, which is north and
adjacent to Martinsburg Pike (Route 11 North), and east and adjacent to Interstate 81, and is
identified by Property Identification Number(s) 43 -A -96, 43 -A -97, 43 -A -98, 43 -A -99, 43 -A -100,
43 -A -101, and 43 -A -111 in the Stonewall Magisterial District.
The proffer that was approved as a part of this rezoning application is unique to this property and
is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Christopher M. Mohn, AICP
Deputy Planning Director
CMM/bad
cc: Rutherford, LLC, 112 N. Cameron Street, Winchester, VA 22601
ynda J. Tyler, Stonewall District Supervisor
An H. Light, Stonewall District Planning Commissioner
nderson, Real Estate
em: harles S. DeHaven Jr., Stonewall District Planning Commissioner
COUNT
107 North Kent Street Winchester, Virginia 22601 -5000
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 06/02/04 Recommended
Board of Supervisors: 07/14/04 l?en hn g �y-I
PROPOSAL: To rezone a total of' 13.4 acres from the RA (Rural Areas). B2 (Business General), B3
(Industrial Transition), and Ml (Light Industrial) Districts to E32 (Business General) and B3 (Industrial
Transition) Districts. This application seeks to reconfigure the zoning districts applicable to 12.65 acres
of the 154.4 acre Rutherford Farm Industrial Park site, which was originally zoned for a mix of
commercial and industrial land uses via approval of Rezoning Application #07 -01. Moreover, this
petition proposes that an adjoining 0.75 acre parcel be rezoned to the B2 District for ultimate inclusion
in the Rutherford Farm project.
LOCATION: The subject acreage is located within the northeast quadrant of the Interstate 81
interchange area, which is north and adjacent to Martinsburg Pike (Route 11 North), and east and adjacent
to Interstate 81.
MAGISTERIAL DISTRICT: Stonewall
REZONING APPLICATION #06 -04
RUTHERFORD, LLC
Staff Report for the Board of Supervisors Public Hearing
Prepared: July 6, 2004
Staff Contact: Christopher Mohn, AICP, Deputy Planning Director
PROPERTY ID NUMBER(S):43 -A -96, 43 -A -97, 43 -A -98, 43-A-99. 43-A-100, 43 -A -101, 43 -A -111
PROPERTY ZONING: RA (Rural Areas), 32 (Business General). B3 (Industrial Transition), Ml
(Light Industrial), and TA (Interstate Area Overlay)
PRESENT USE: Unimproved and Residential
ADJOINING PROPERTY ZONING PRESENT USE:
North: RA (Rural Areas), M2 (Industrial General); Nursery /Agricultural, Industrial
South: RP (Residential Performance), RA (Rural Areas); Residential, Commercial
East: RP (Residential Performance), RA (Rural Areas); Residential, Agricultural
West: B2 (Business General), 133 (Industrial Transition), MI (Light Industrial); Unimproved
REZ #06 -04 Rutherford, LLC
Page 2
July 6, 2004
PROPOSED USE: Commercial and industrial land uses.
REVIEW AGENCY EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have significant impact on Route 11. Route 11 is the VDOT roadway which has been
considered as the access to the property referenced. VDOT is satisfied that the transportation proffers
offered in the Rutherford's Farm Industrial Park rezoning application dated April 5 2004 address
transportation concerns associated with this request. Before development, this office will require a
complete set of construction plans detailing entrance designs, drainage features, and traffic flow data
from the I.T.E. Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to
comment on all right -of -way needs, including right -of -way dedications, traffic signalization, and off -site
roadway improvements and drainage. Any work performed on the States right -of -way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Frederick Winchester Service Authority: No comment.
County Engineer: We do not have any comments regarding the changes in zoning.
Sanitation Authority: No comment.
Frederick County Attorney: No changes in proffers from previous application. Only changes are
acreage and property owner name. No legal issues.
Planning& Zoning:
1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle)
depicts the zoning for the seven parcels comprising the proposed rezoning as R -3 (Residential
General). Parcels 43 -A -96, 43 -A -98, 43 -A -99, 43 -A- 101, 43 -A -1 1 1, and 43 -A -97 (portion) were
remapped to the A -2 (Agricultural, General) District via the countywide downzoning adopted
on October 8, 1980. The County's agricultural zoning districts were combined to form the RA
(Rural Areas) District upon adoption of an amendment to the Frederick County Zoning
Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-
mapping of the subject properties and all other A -1 and A -2 zoned land to the RA District.
Parcels 43 -A -97 (portion) and 43 -A -100 remained R -3 due to exclusion from the countywide
downzoning. The county's multiple residential districts were consolidated to form the RP
(Residential Performance) District upon adoption of an amendment to the Frederick County
Zoning Ordinance on February 14, 1990. The corresponding revision to the zoning map resulted
in the re- mapping of the subject properties and all other R -3 zoned land to the RP District.
REZ #06 -04 Rutherford, LLC
Page 3
July 6, 2004
On April 22, 2002, the Board of Supervisors approved rezoning application #07 -01 of
Rutherford's Farm Industrial Park. Through this action. parcels 43-A-96. 43-A-97. 43-A-98, 43-
A -99. 43 -A -100, and 43- A- 111were rezoned to the Ml (Light Industrial), B3 (Industrial
Transition) and B2 (Business General) Districts, respectively. Specifically, 116.7 acres were
zoned Ml; 14.5 acres were zoned B3; and 23.2 acres were zoned B2, with the entire 154.4 acre
tract included in the IA (Interstate Overlay) District.
2) Comprehensive Policy Plan:
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
(Comprehensive Policy Plan, p. 1 -1)
Land Use:
The subject parcels are located wholly within the county's Sewer and Water Service Area (SWSA)
and are included within the boundaries of the Northeast Land Use Plan NELUP). The NELUP
designates the project site for industrial and business land uses, respectively, and further applies
the Developmentally Sensitive Area (DSA) designation along the site's Martinsburg Pike frontage.
(Comprehensive Policy Plan, p. 6 -38)
Transportation:
The NELUP identifies a planned major collector road traversing the subject site. This roadway
is envisioned to intersect with Martinsburg Pike (Route I I North) and travel in a westerly direction
toward Interstate 81, and then angle toward the north site boundary. The applicant proffered to
construct this planned roadway through the original rezoning for this site, and has included the
same set of proffers with this application. (Comprehensive Policy Plan, p. 6 -38)
Staff Comment: The proposed rezoning is consistent with applicable land use policies of the
Comprehensive Policy Plan. Moreover, the transportation improvements proffered with this
application are identical to those approved with the original rezoning for the site. which will
result in the implementation of applicable transportation provisions of the NELUP.
3) Site Suitability:
No conditions exist on the subject site that would preclude or significantly limit development.
However, the properties include areas of floodplain and wetlands, the locations of which are
coincident with Hiatt Run, a perennial stream that traverses the northern portion of the site.
REZ #06 -04 Rutherford. LLC
Page 4
July 6, 2004
The General Soil Map of the Soil Survey of Frederick County. Virginia indicates that the soils
comprising the subject parcels fall predominantly under the Oaklet Carbo Chilhowie soil association.
The constituent soils are well- drained and contribute to moderately sloping terrain. The southern portion
of the property contains rock outcrops. It is noted that the Oaklet- Carbo Chilhowie soil association
presents some limitations to site development due to slow permeability and clayey subsoil. The
management of such characteristics must be demonstrated through the site engineering process
associated with subsequent development applications for the proposed project.
4) Potential Impacts
A. Transportation: Traffic impacts for the original Rutherford's Farm Industrial Park
rezoning application were projected based upon the maximum commercial and
industrial floor area proffered for the project of 1,400,000 square feet. This
development program was projected to generate 9,744 average daily trips (ADT), which
was to be absorbed by an external road network consisting of Martinsburg Pike (Route
11 North) and Interstate 81 via the Exit 317 interchange.
The traffic impact analysis (TIA) for the original rezoning concluded that the
transportation improvements proffered by the applicant would ensure Level of Service
"C" conditions on all roads serving the project. Such improvements included: (1)
extension of the multi -lane system for Martinsburg Pike to the northernmost project
entrance, (2) installation of left and right turn lanes and pavement transitions at the
intersection of Martinsburg Pike and new major collector roadway, (3) interchange ramp
improvements, (4) installation of multiple traffic signals, and (5) construction of a new
major collector road within the project as depicted in the NELUP. A Public
Improvement Plan detailing these improvements has been approved by VDOT.
The proposed reconfiguration of existing zoning district boundaries applicable to the
site and the addition of the adjacent parcel will result in the reduction of 12.58 acres of
MI zoned land and an increase in B2 and B3 zoned land by 5.44 acres and 7.95 acres,
respectively. The traffic analysis for this application was therefore focused on the
impact of this increase in commercially zoned land. To facilitate this analysis, the
applicant conducted a study of commercial development intensities in Frederick County
and the City of Winchester, and determined that the commercial land within the project
would likely develop at a Floor Area Ratio (FAR) of 0.20. Applying this FAR to the
expanded commercial acreage, the additional floor area estimated through this proposal
would be as follows:
B2 47,393 square feet
B3 69,260 square feet
REZ #06 -04 Rutherford, LLC
Page 5
July 6, 2004
Using traffic generation figures from the I.T.E. Trip Generation Manual 7th Edition, the
applicant projects traffic impacts for the additional commercial development in terms
of a single transportation phase. For the purposes of this analysis, 2010 represents the
year in which project build out will occur. The TIA indicates that at project build out,
and coupled with the reduction in industrial area and the corresponding decrease in
overall industrial trips from the site, the expanded commercial area will result in a net
increase in traffic generated by the project of 2,368 ADT.
The transportation improvements proffered with the original rezoning are also included
with this application, and will be triggered by the initial series of site plan approvals for
the project, regardless of whether such approvals are for industrial or commercial
development. As noted previously in this report, such improvements were reported to
achieve Level of Service "C" conditions on the road network serving Rutherford's Farm
Industrial Park. The analysis provided by the applicant indicates that the proffered
transportation improvement program will be adequate to mitigate any additional traffic
impacts generated by the proposed increase in commercial area within the project.
VDOT Comment: The documentation within the application to rezone this property
appears to have significant impact on Route 11. Route 11 is the VDOT roadway which
has been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the Rutherford's Farm Industrial Park rezoning
application dated April 5. 2004 address transportation concerns associated with this
request.
B. Historic Resources: The applicant has provided information which identifies
Rutherford's Farm (VA Historic Landmark Commission File #10082 34 -727) as an
Historical Landmark. However, all that remains ofthe house is a set of concrete steps that
lead from Route I 1 to the site ofthe house. There is an historical marker south ofthe site
on Route 11 identifying this resource.
One archeological site is noted by the Virginia Department of Historic Resources. It is
a raised berm allowing access to the opposite side of the rail line. However, it is
abandoned and no longer in use. This site does not exhibit features that suggest eligibility
for National Register consideration. The subject properties are partially located within
the limits of the Second Battle of Winchester study area, and are also within the Battle
of Rutherford's Farm study area.
The applicant has proffered to establish a Civil War interpretive site pull-off along Route
11, in the general area where the existing historical marker is located. This site will offer
an opportunity for interpretation of Second Winchester, the Battle of Rutherford's Farm,
and the Rutherford Farm operation. The HRAB will review the information that will be
placed on the proposed interpretative markers. It will be imperative of the applicant to
design the pull -off area so as to not further detract from the interpretive site. The
REZ #06 -04 Rutherford, LLC
Page 6
July 6, 2004
applicant has also proffered to establish and maintain the proposed interpretive site.
Sta[JComrnent: It is noted that the Historic Resources Advisory Board (HRAB) did not
provide comment concerning this rezoning proposal as formal comments were offered for
the original rezoning ofthe site. These comments were provided on two occasions dated
July 19, 2001 and March 22, 2002, respectively. The recommendations of the HRAB
were largely accommodated by the applicant through the proffers ofthe original rezoning,
which, as noted previously in this report, are identical to the proffers provided with this
application. An additional review by the HRAB was therefore not required for the
processing of this application.
C. Sewer and Water: The original rezoning for this site projected that sewage generated
by the industrial park would consist of 77,200 gpd. Although the total development
potential remains limited by proffer to 1,400,000 square feet, the potential for additional
commercial uses enabled by this rezoning would increase sewage output by 400 gpd,
yielding a total project impact of 77,600 gpd. All of the sewage originating from the
project will be conveyed to the Opequon Wastewater Treatment Facility for treatment.
5) Proffer Statement
The original rezoning for this site projected that water demand for the industrial park
would total 154,400 gpd. An increased water demand of 800 gpd is projected for the
additional commercial uses enabled by this rezoning, yielding a total project demand of
155,200 gpd. The water source for this project is the Global Chemstone Quarry,
wherein the FCSA has located a new water treatment plant. Water will be conveyed to
the site via an existing 20 -inch water transmission line.
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. As noted previously in this report, the
content of the proffer statement provided with this application is identical to that of the original
rezoning for the site #07 -01). The following list is a summary of the conditions voluntarily
proffered by the applicant:
Establish a maximum building square footage of 1,400,000 square feet for the entire 155.2 acre
site.
Prohibit the establishment of truck stop use(s) on the entire site.
Installation of a traffic signal at the site's main entrance (Route 11 and the planned Major Collector
Road, as illustrated in the Comprehensive Policy Plan NELUP).
Installation of a traffic signal at the southbound ramps of the 1 -81 Exit 317 interchange.
Dedication of the necessary right -of -way for the 1 -81 improvement project.
Construction of intersection improvements at the two proposed entrances. The improvements will
REZ #06 -04 Rutherford. LLC
Page 7
July 6, 2004
be constructed as necessary to serve the first site plan in the Rutherford project. The improvements
in their entirety will be constructed prior to the approval of a second site plan in the Rutherford
project.
Construction of the planned major collector road as it transverses the site.
Construction of a third southbound lane along Route 11. The improvements will be constructed
as necessary to serve the first site plan in the Rutherford project. The improvements in their
entirety will be constructed prior to the approval of a second site plan in the Rutherford project.
Establishment of an interpretative area and pull-off along Route 11 for historical interpretation of
the Second Battle of Winchester, the Battle of Rutherford's Farm, and the Rutherford's Farm
historic site.
Establishment of a 15 -foot transitional landscape buffer along Route 1 1, extending the length of
the site. Ground cover, trees. and an earthen berm of 2 -3 feet in height would be provided within
the transitional buffer.
Establishment ofa maximum height of I2 -foot for all freestanding business signs /monument signs
in the M 1 Zoning District.
Limitation on the total number of IA (Interstate Area Overlay) signs to three within the subject site.
Establishment of recycling program to ensure appropriate waste reduction, disposal, and recycling
of any waste or byproduct material. Such programs must be approved by the County prior to
issuance of certificate of occupancies.
Monetary contribution of $10,000 to the county to be utilized for fire and rescue services.
PLANNING COMMISSION SUMMARY ACTION OF THE 06/02/04 MEETING:
Commission members raised the issue of whether the applicant's public improvements plan would still
accommodate the project with the 20% additional trips per day generated as a result of the increase in
B1 and B2 uses and the decrease in MI uses. It was pointed out that the change in the traffic mix could
alter the amount of stacking lanes needed and the amount of back -up expected entering and exiting 1 -81
during peak hours.
The applicant's representative stated that their analysis concluded that the slight change in the uses for
the property did not compromise the integrity of the public improvements plan that was engineered from
the original proffers. The applicant stated that based on the new traffic mix. VDOT was comfortable
that the original traffic proffers would adequately mitigate the additional traffic.
REZ #06 -04 Rutherford. LLC
Page 8
July 6, 2004
A VDOT representative confirmed that considering the reconfiguration of the new traffic mix and
increased vehicle trips per day, in addition to the existing traffic, VDOT was comfortable there would
be sufficient stacking and turn lanes to accommodate the numbers. In addition, he mentioned the two
entrances, one consisting of a continuous right and the other a full intersection, along with the road
layout, all of which, he believed, would contribute to the proper flow of traffic.
There were no citizen comments. The Planning Commission unanimously recommended approval.
(Please note: Commissioners Triplett and Ours were absent from the meeting.)
STAFF CONCLUSIONS FOR 07/14/04 BOARD OF SUPERVISORS MEETING:
This application is a request to rezone 13.4 acres from the RA, B2, B3, and MI Districts to the B2 and
B3 Districts as a means of reconfiguring the zoning districts applicable to 12.65 acres of the 154.4 -acre
Rutherford Farm Industrial Park site, while also providing for the addition of an adjoining 0.75 -acre
parcel to the project. The proposed rezoning will result in the nominal expansion of Rutherford's Farm
Industrial Park to 155.21 acres, with the site consisting of 104.12 acres of Ml-zoned land. 22.45 acres
of B3 -zoned land, and 28.64 acres of B2 -zoned land. The Comprehensive Policy Plan articulates the
planned land use of the subject parcels through the policies of the Northeast Land Use Plan (NELUP).
The NELUP designates the subject parcels for industrial and business land uses, respectively. As
described in this staff report, the development program proposed through the requested rezoning is
consistent with the adopted policies of the Comprehensive Policy Plan.
Following the required public hearing, a decision regarding this rezoning application by the Board
of Supervisors would be appropriate. The applicant should be prepared to adequately address all
concerns raised by the Board of Supervisors.
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
Zoning AmendmentNu Q qs ,`L�
a. oV
PC Hearing Date 4.
oo
Fee Amount /k2 Q
Date Receive
BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Engineering Telephone: (540) 662 -4185
Address: 151 Windy Hill Lane Winchester, VA 22602
2. Property Owner (if different from above)
Name: Rutherford, LLC Telephone: (540) 662 -0323
Address: 112 North Cameron Street Winchester, VA 22601
3. Contact person if other than above
Name: Evan Wyatt Telephone: (540) 662 -4185
4. Checklist: Check the following items that have been included with this
application.
Location map
Plat
Deed to Property
Verification of taxes paid
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
5. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Rutherford. LLC
(John B. Schroth; John S. Scully, IV; C. Robert Solenberger)
6. A) Current Use of the Property: Unimproved; Residential
Commercial Industrial
B) Proposed Use of the Property:
7. Adjoining Property:
PARCEL ID NUMBER
USE
ZONING
Please refer to attached adjoining property owner list entitled:
Rutherford, LLC Rezoning Adjoining Property Information
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
The 155.21 -acre site is located at the northwest quadrant of Interstate 81 and Martinsburg
Pike (U.S. Route 11 North).
Rutherford L.L.C. Rezoning
Adjoining Property Information:
A. PIN 43C -3 -9; RICHARDS; RP; RESIDENTIAL
B. PIN 43C -3 -7A; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
C. PIN 43C -3 -6; SANDY; RP; RESIDENTIAL
D. PIN 43C -3 -5; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
E. PIN 43C -3 -4; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
R PIN 43C -3 -3; K J INVESTMENTS, LC; RP; RESIDENTIAL
G. PIN 43C -3 -2; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
H. PIN 43 -A -149; DEHAVEN; RP; RESIDENTIAL
I. PIN 43C -2 -1; BAKER; RP; RESIDENTIAL
J. PIN 43C -2 -2; CURTIS; RP; RESIDENTIAL
K. PIN 43C -2 -3; FITZWATER; RP; RESIDENTIAL
L. PIN 43C -1 -A; MESSICK; RP; RESIDENTIAL
M. PIN 43 -A -102; BRADFORD VILLAGE APARTMENTS; RP; RESIDENTIAL
N. PIN 43 -A -103; JOHNSON; RP; RESIDENTIAL
O. PIN 43 -A -104; MOORE; RP; RESIDENTIAL
P. PIN 43 -A -105; RISSLER; RP; RESIDENTIAL
Q. PIN 43 -A -106; LEE; RP; RESIDENTIAL
R. PIN 43 -A -107; MCQUAIN; RP; RESIDENTIAL
S. PIN 43 -A -108; NETHERS; RP; RESIDENTIAL
T. PIN 43 -A -109; KEITER; RP; RESIDENTIAL
U. PIN 43- A -134B; PIFER; RP; RESIDENTIAL
V. PIN 43 -A -134; WILLIAMSON; RP; RESIDENTIAL
W. PIN 43 -A -133; HART; RP; RESIDENTIAL
X. PIN 43- A -132B; LANDMARK CHAPEL CHURCH; RP; CHURCH
Y. PIN 43 -A -132; HART; RP; RESIDENTIAL
Z. PIN 43 -A -130; BOONE; RP; RESIDENTIAL
AA. PIN 43 -A -110; RIDDICK; RP; RESIDENTIAL
BB. PIN 43B -8 -18; PARSONS; RP; RESIDENTIAL
CC. PIN 43B -8 -8; MORGAN; RP; RESIDENTIAL
DD. PIN 43B -8 -9; BLYE; RP; RESIDENTIAL
EE. PIN 43B- 8 -11A; FLOWERS; RP; RESIDENTIAL
FR PIN 43 -A -95; WEBBER; RA; RESIDENTIAL
GG. PIN 43 -A -94; MOULDEN; RA; RESIDENTIAL
HH. PIN 43 -A -93; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH
PIN 43- A -90B; APOSTOLIC UNITED PENTACOSTAL; RA; CHURCH
PIN 43- A -90C; LEDFORD; RA; RESIDENTIAL
PIN 43 -A -86; FISHERS OF MEN LAND TRUST, LLC; RA; AGRICULTURAL
PIN 43 -A -85; BUCKLEY LAGES, INC.; M2; INDUSTRIAL
PIN 43 -A -84; BUCKLEY LAGES, INC.; M2; INDUSTRIAL
PIN 43- A -112A; DEHAVEN; RP; RESIDENTIAL
PIN 43- A -112B; DEHAVEN NURSERY; RA; RESIDENTIAL
File #27951
PINE 43 -A -113; DEHAVEN; RP; RESIDENTIAL
PIN 43 -A -140; WEBER; RA; COMMERICAL NURSERY
PIN 43 -A -147; NORTH STEPHENSON, INC.; RP; RESIDENTIAL
PIN 43 -A -150; K J INVESTMENTS LC; RP; RESIDENTIAL
PIN 43- A -151A; NORTH STEPHENSON, INC.; RA; HEAVY COMMERCIAL
PIN 43- A -50A; BRENTWOOD INVESTMENT CO.; B2; COMMERICIAL
PIN 43 -A -52; NEGLEY CONSTRUCTION, INC.; Ml; COMMERCIAL
PIN 43 -A -56; K J INVESTMENTS, LC; Ml; COMMERCIAL
File #27953
RUTHERFORD'S FARM
TAX MAP INSTRUMENT
43 -A -96 020011418
43 -A -98
43 -A -99
43 -A -111
43 -A -100 020011419
43 -A -97 020011420
43 -A -101 030023107
File #2795) /EAW /dlm
Acres
Current Zoning
Zoning Requested
114
RA; B2; B3 MI
B2 B3
13.4
Total Acreage to be rezoned
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number
Districts
Magisterial: Stonewall High School: James Wood
Fire Service: Clearbrook Middle School: James Wood
Rescue Service: Clearbrook Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category
being requested.
11. The following information should be provided according to the type of
rezoning proposed:
Single Family homes:
Non Residential Lots:
Number of Units Proposed
Townhome: Multi- Family
Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other
Note: Rezoning Proffer Statement limits total structural development on
155.21 -acre site to 1,400,000 square feet.
Signature:
1 (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. 1 (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right -of -way until the hearing.
1 (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s):
Owner(s):
Date:
Note: Please refer to executed Special Limited Power of Attorney
agreement for signature of Rutherford, LLC owners.