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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.