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063-24 (RezWinchesterGateway)
ORDINANCE Action: PLANNING COMMISSION: March 6, 2024 Recommended Approval BOARD OF SUPERVISORS: April 10, 2024 Adopted AMENDING THE ZONING DISTRICT MAP REZONING #06-23 FOR WINCHESTER GATEWAY, LLC WHEREAS, REZONING#06-23 for Winchester Gateway, LLC submitted to rezone approximately +/- 34.26-acres of a+/-71.85-acre parcel from the RA (Rural Areas) District to the MI (Light Industrial) District with proffers. The subject property is located southeast of the intersection of Apple Valley Road and Middle Road, west of Route 37, and are identified by Property Identification Number 63-A-801 in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on January 3, 2024, and tabled action for 60-days; and WHEREAS, the Frederick County Planning Commission held a public meeting on this rezoning on March 6, 2024,. and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on April 10, 2024; 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, and welfare, and in confonnance with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in accordance Chapter 165 of the Frederick County Code,Zoning, to rezone approximately+/- 34.26-acres of a +/-71.85-acre parcel fiorn the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 10`x', day of April 2024 by the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Res# 063-24 Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST 0 Michael L. Bollhoe r Frederick County dininistrator Res# 063-24 COQ REZONING APPLICATION#06-23 WINCHESTER GATEWAY,LLC Staff Report for the Board of Supervisors w Prepared: March 27,2024 Staff Contacts: M. Tyler Klein,AICP, Senior Planner 1738 Reviewed Action Planning Commission 01/03/24 Tabled for 60-days (Public Hearing) Planning Commission 02/21/24 Work Session Planning Commission 03/06/24 Recommended Approval Board of Supervisors 04/10/24 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 04/10/24 BOARD OF SUPERVISORS MEETING: This is a request to rezone approximately +/- 34.26-acres of a +/-71.85-acre parcel from the RA (Rural Areas)District to the MI (Light Industrial)District with proffers. The proposed rezoning would generally implement uses typically associated with an"industrial"land use designation in the Comprehensive Plan. The Planning Commission recommended approval by a vote of 7-4-1 (Commissioners Brumback, McKay, Thomas, & Kozel—No; Commissioner Molden—Absent). Since the Planning Commission action on March 6b,the applicant has made two(2)changes to the proffer statement(revised March 27, 2024): • Revision to Proffer 2.1 to include pedestrian accommodations in the frontage improvements along Apple Valley Road; and • Addition of Proffer 2.2. to restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances. The proffer statement, revised March 27, 2024, is in legal form acceptable to the County Attorney. Following the required public hearing, a decision regarding this rezoning application by the Board ofSupervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 2 This report has been prepared by the Frederick County Planning Staff to provide information to 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. PROPOSAL: This is a request to rezone approximately+/-3426-acres of a 71.85+/-acre parcel from the RA(Rural Areas)District to the M I (Light Industrial)District with proffers.Staffwould note theproposed proffer statement would replace the proffers approved with REZ 901-15(Blackburn Commerce Center)for the existing MI portion of the property. LOCATION: The subject property is located at the intersection of Apple Valley Road and Middle Road and is bounded by Route 37 to the west. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-80I PROPERTY ZONING: RA (Rural Areas) & M1 (Light Industrial) PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Church/Residential/Agricultural South: M1 (Light Industrial) Use: Warehouse/Distribution East: RP (Residential Performance)Use: Residential (single-family detached) West: Route 37/RA Use: Roadway/Agricultural REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The subject property was previously rezoned through rezoning(REZ) application#01-15 (Blackburn Commerce Center). A +/-34.26-acre portion of the tract included in the Blackburn rezoning was left split zoned RA (Rural Areas) and M1 (Light Industrial)Districts.At the time of the rezoning,the RA zoned portion of the subject property was intended to remain undisturbed along Apple Valley Road given the presence of wetlands on the site and to serve as a buffer between existing residential uses and Kernstown Battlefield to the east and future industrial uses to the west.Access to the existing Ml zoned portion of the site was intended through inter-parcel access with the Blackburn Commerce Center. 2) Comprehensive Plan Land Use Compatibility The Comprehensive Plan and the Kernstown Area Plan(adopted 2017)provide guidance on the future development of the subject property.The Plan identifies the subj ect properties with an"industrial"land use designation and as being within the limits of the Sewer and Water Service Area(SWSA)and Urban Development Area(UDA)(see Land Use Plan map on next page). Further,the Kernstown Area Plan Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 3 identifies the subject property within the"Shady Elm Economic Development Area."As described in the plan: REI# 06 - 23: Winchester Gateway PIN:63-A-801 Rezoning from RA to 7411 Lang Range Land Use Map 4q PFL F PRY O •EYf 4-' y n r•s T �e:,eog-aa mem sm vs y.A A sewn ane wausemrxnry / BUSINESSPARK C:aii i pa"''eP I Subdivision 4o'W Ranpe Land U- (< Reaadenee: ✓ la eapA9ryl iWAUlmel Frcdeix:k Cpunly F1amHp C fTarebpmanl • ti 19F k!ReM SI YRSCM1eslel,Vh Y]&11 0 m750 LII Fri Y]bd5 Sd51 5 i i i s Map Cep!ed:DepamEaF0.]1123 "The Shady Elm Economic Development Area is designed to be a significant area of commercial/industrial (C/I) opportunity that is fully supportive of the Frederick County Economic Development Authority's targeted goals and strategies. The intent of the industrial designation is to further enhance the County's C/I areas and to provide focus to the County's future regional employment centers. In specific areas a mix of flexible uses,with office uses in prominent locations, is encouraged. Such areas are supported by substantial areas of C/I opportunity and provide for areas that are well designed with high quality architecture and site design. It is the intent of such areas to promote a strong positive community image." The proposed rezoning generally implements uses typically associated with an "industrial" land use designation in the Comprehensive Plan. The revised proffer statement(March 27, 2024)also seeks to address area plan policies specific to the "Shady Elm Economic Development Area" including requiring the use of high-quality building materials,including stone,wood,brick,architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5). Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 4 3) Site Access and Transportation Apple Valley Road(Route 651/652)is identified in the Comprehensive P1anlEastern Road Plan as an "improved minor collector"roadway(a future four(4)lane segment).The Kernstown Area Plan states that the plan goal is "an acceptable level of service on area roads and overall transportation network, level of service C or better. ------------------ Iij ijj vrrl naw nev..avuwuaxnar j *tet`rr_x �.* . The rezoning application proposal limits the number of commercial entrances on Apple Valley Road to two(2)and requires construction of road improvement along the property frontage from Middle Road to the southern property line consistent with the existing three (3) lane segment to the east of the property in front of the existing Blackburn Commerce Center(two travel lanes plus a center turn lane and pedestrian accommodations). The applicant has also committed to restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances (Proffer 2.2). This would prohibit trucks from exiting the site towards Middle Road. The revised proffer statement and GDP generally implements Comprehensive Plan and Eastern Road Plan policies for the future condition of Apple Valley Road as an improvement minor collector roadway. Off-site impacts identified in the traffic study at the intersection with Shady Elm Road and Route 11, including vehicle stacking at the signals, have not been fully addressed. 4) Proffers Statement& Impact Mitigation The proffer statement,revised March 27,2024,proposes the following(staff comments also provided): Site Development • Substantial conformance with the referenced Generalized Development Plan dated March 14, 2024 (Proffer 1.1). Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 5 • All buildings within 500-feet(FT)of Apple Valley Road should not have loading docks facing the road (Proffer 1.2). • Provide additional screening measures along the property frontage with Apple Valley Road including a 6-FT tall berm with 6-FT evergreen trees plus a 10-FT wide landscape strip between the berm and road that includes a mix of deciduous trees,evergreen trees,and shrubs(Proffer 1.3). • Restrict the height of all buildings and ancillary structures within 1,000-FT of Apple Valley Road to 60-FT in height. Roof top mechanical equipment would not be subject to the height restriction (Proffer 1.4). Staff Comment on Proffer 1.4:If the purpose of the height restriction is to protect the viewshed from the battlefield and better address Historic Resource Advisory Board(HRAB)comments, allowing structures to potentially exceed the 60-FT height restriction outside of 1,000 FT from the road does not appear to meet the full intent of limiting building height. • Requirement for high quality building materials, including stone, wood, brick, architectural concrete masonry, precast panels, exterior insulation and finish systems (EFIS), or architectural grade and quality metal panels (Proffer 1.5). Staff Comment on Proffer 1.5. If the intent of the proffer is to provide a "high quality architectural standard" listing all likely building materials does not achieve that end. "Quality metalpanels" is not defined or specific enough to be meaningful. The applicant should consider limiting the exterior treatment to wood, brick, stone, glass, and architectural concrete masonry. • Restrict site lighting to 25-FT in height within 400-FT of Apple Valley Road(Proffer 1.6). • Restrict noise levels from on-site activities to no more than 60 dBA at the property boundary with Apple Valley Road(Proffer 1.7), and apply noise attenuation measures including low noise fans, compressor and oil separator acoustic wraps, and acoustically rates louver walls (Proffer 1.8). Staff Comment on Proffer 1.7& 1.8: The Zoning Ordinance specifies "in the MI Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed 75 dBA (A scale). "As proposed, the allowed noise levels for the site would be 15 dBA less than the Zoning Ordinance standard.However,staffwouldnote that the enforceability ofrequirements that specify a dBA limit at the property line has been difficult in the past. • Prohibit outdoor processing activities on the property (Proffer 1.9). Transportation • Construct of no more than two (2) full movement entrances on to Apple Valley Road and to construct road improvement along the property frontage from Middle Road to the limits of the property consistent with the existing three(3)lane segment to the east of the property (two travel lanes plus a center turn lane and pedestrian accommodations) (Proffer 2.1). Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 6 Staff Comment on Proffer 2.1: The proffer statement does not include a future right-of-way (ROW) reservation for the full four (4) lane section of Apple Valley Road. • Restrict trucks exiting the site to only eastbound movements through a combination of signage and physical improvements to the site entrances (Proffer 2.2). Limited Uses • Prohibit regional criminal justice, enforcement, and detention facilities from the allowed uses (Proffer 3.1). Staffcomment on Proffer 3.1: The applicant has proposed several enhanced performance standards that exceed zoning ordinance requirements to mitigate potential impacts. However, the site may develop with any of the other allowed uses in the MI Zoning District, some of which could have a negative impact (noise, odor, glare vibrations) beyond those identified in the Impact Analysis Statement on adjoining residential uses and historic resources. Only one (1)proffered use restriction has been proposed. Staff would note that the Board adopted a revision to the allowed uses table for the MI District (November 2023)and expanded the allowed uses table for the MI District to include Storage Batteries and Primary Battery Manufacturing, and Waste Management&Remediation Services limited to glass, cardboard, and plastics recycling and excluding incinerators. Fire and Rescue • Monetary contribution of$0.10 per square foot for any building constructed on the property (Proffer 4.1). Other Review A2ency Comments: Review Agency Comment Issuance Status Date Virginia Department of October 13, 2023 Comments addressed. Transportation (VDOT) December 5, 2023 Frederick County (FC) March 19, 2024 Acceptable legal form. Attorney Frederick-Winchester Health August 24, 2023 No objections. Department VDH FC Public Works September 19, 2023 No comments. FC Fire Marshal September 9, 2023 No comments. FC Parks & Recreation September 8, 2023 No comments. Frederick Water August 29, 2023 Caution to be exercised during design and development due to existing water and sewer infrastructure along Apple Valley Road. Frederick County Public September 15, 2023 No comments. Schools FCPS City of Winchester October 11, 2023 No comments. Historic Resources Advisory September 20, 2023 Comments addressed Board HRAB Rezoning 906-23 Winchester Gateway,LLC March 27,2024 Page 7 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/03/24 MEETING: The Planning Commission held a public hearing on January 3, 2024. The Planning Commissioners expressed several concerns with the proposed rezoning and directed the applicant to come back with a revised application. The applicant was to address: design and architectural standards for buildings, including specifying the type of building materials and limiting the height of all structures to 60-feet (FT);clarifying which M 1 (Light Industrial)Zoning District uses would be allowed and proffering out uses that would have a detrimental impact on adjoining residential property; further analyzing traffic impacts on Apple Valley Road,Middle Road,and the intersections of Apple Valley Road/Route 11 and Apple Valley Road/Middle Road; extending the widening of Apple Valley Road along the length of the entire property frontage; inter-parcel access with the Blackburn Commerce Center; buffers and screening and providing a higher standard to protect neighboring residences; and reducing industrial noise created on-site. Two(2)members of the public spoke in opposition to the proposed application. The speakers expressed concerns with increased truck traffic west of the existing industrial area on Apple Valley Road, noise from potential new industrial uses, and stated the proposed buffer and existing vegetation was insufficient to screen the use from adjoining residences. The Planning Commission unanimously recommended the rezoning application be tabled for 60 days and that the applicant work to improve the application and address their stated concerns. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/24 WORK SESSION: The Planning Commission held a work session with staff and the applicant on the rezoning application on February 21,2024, to discuss the comments and concerns from January 3rd public hearing and the applicant's response to those issues identified.The primary discussion at the work session was how the applicant could better address stated concerns prior to the Planning Commission meeting on March 6d', specifically to address road improvements,use restrictions,performance standards for certain uses,and buffers and screening. PLANNING COMMISSION SUMMARY AND ACTION FROM THE MEETING OF 03/06/24: The Planning Commission again discussed this proposed rezoning on March 6,2024.The primary topic of discussion was the revisions made to the proffer statement and generalized development plan(GDP) and if those changes addressed the previously identified Planning Commission concerns (use restrictions, transportation improvement, and performance standards to mitigate impacts). While the Planning Commission generally reached consensus on the proffered restrictions to address noise, building height, architectural design, buffers and screening, a few items remained unresolved. These topics included: a lack of use restrictions, off-site transportation impacts from additional truck trips to Route 11,and pedestrian accommodations being clearly included in the proffered road improvements. The Planning Commission recommended approval by a vote of 7-4-1 (Commissioners Brumback, McKay, Thomas, & Kozel—No; Commissioner Molden—Absent). Following the required public hearing, a decision regarding this rezoning application by the Board ofSugervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. REZ # 06 - 23: Winchester Gateway PIN: 63 - A - 801 Rezoning from RA to M1 Zoning Map ROYSTON � Y k Subdivision , t , .. .. p y �*� `� Y•,k ..• �' ol�� Q `��`• a +r A'l,�J". y��.ill �Q e>*�i95`L,��,"�} � � .� •� .� �F!�X �` :. ��{7 "��J"��rr�q(3`�'gyj��^e"`'�3 ' R r br�rk'E� YJ k�.. � �' !f � 6 ��•� , � T � ih` 443E �Yg 37 71, 74 REAR#'0623 41 �yryb A 4 WA I y zx i 37 &:7 COCA COLA o BUSINESS PARK Winchester /, Subdivision -�- .. e° 05 W 4�e •r QO a n4=0 Application e�P� Sewer and Water Service Area 0 Parcels r N M1 (Light Industrial District) 1 RP(Residential Performance District) 7 \ N ___ E J S + r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 310 620 1,240 Feet Map Created:December 14,2023 REZ # 06 - 23: Winchester Gateway PIN: 63 - A - 801 Rezoning from RA to M1 Location Map ROYSTON , " Subdivision �' a, r Y, k r. r ` >s AN z; V .. r zE Mix ,. � "W �1 i IE '. xCst r, rF ds �o r '� � „ •� , � i �iy 6` r rREZ#'O6' ,"iy. j� ,1. r � � / � '�� '' "•' 'j"�A' 3y..�.. •fir {// � ,�: �� �d k , ' r � r e +r H 4. S, m e 37 COCA COLA BUSINESS PARK-P Winchester_ a Subdivision o° ^ j, •r QO a ffJ Application N r Sewer and Water Service Area e 0 Parcels 7 \ N E J S r r •r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 310 620 1,240 Feet Map Created:December 14,2023 : 1 '• • .y �����'MIDDLE ;+>�` � ►�������������� +►������!- 640 APPLE a,' -f s''"�♦�j�j���j�j���j�j�� VALLEY RD 3322 ��� 652 MIDDLE.RD ♦ APPLE " . . VALLEY RD 3075 3346 3323 "' ♦ 632 MIDDLE RD MIL)DLERD MIDDLE!RD ♦ APPLE 3352 VALLEY RD MIDDLE,RD` ., 6.10 APPLEVALLEY RD 36 MIDDLE RD602 6 APPLE iANDR .,4c,_ � V�ALLErY RD 116 T 2 L572 APPLE JORDANAPPLE VALLEY RD r' VALLEY RD 26 564 LE RD APPLE VALLEY RD 554 APPLE VALLEY RD 5_20 ALE 536 VALLEY RD APPLE VALLEYRD 02 �J APPLE VA�EY�RD \ 512 4 APPLEVALLEYiRD 472 63 A 801 492 APPLE VALLEY RD A`ELL 482 452 APPLAPPLE VALLEY RD t T- } 33 API i VALLLE 331 APPLE V, APPLE VALLEY RD ` 351 •� ••11 �♦•� � I APPLE I. �I•� '�`� VALLEY RD •� p,,O�,o.., r 260 SHADY i • �y'1I PROFFER STATEMENT REZONING: RZ# Rural Areas(RA)and Light Industrial (M1)to Light Industrial (M1) Previously approved rezoning application#01-15 PROPERTY: 71.85 Acres +/-; Tax Map Parcel 63-A-80I(the "Property") RECORD OWNER: Winchester Gateway LLC ("Owner") ORIGINAL DATE OF PROFFERS: August 23, 2023 REVISION DATE(S): November 28, 2023;February 27, 2024,March 14, 2024,March 27, 2024 The undersigned Owner hereby proffers that the use and development of the above- referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above-referenced M1 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved,the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Site Development 1.1 Owner proffers to develop the Property in substantial conformance with the Generalized Development Plan for Winchester Gateway dated jant March 14, 2024 by Greenway Engineering which is attached hereto and incorporated herein by reference as "Exhibit A" ("GDP"). 1.2 Development of the Property shall include the following building restrictions: All buildings on the Property within five hundred (500) feet of Apple Valley Road shall not have loading docks facing Apple Valley Road. 1.3 Development of the Property shall include the following landscape design features: Owner proffers to install a green space buffer between Apple Valley Road and the existing pond. The buffer will extend two hundred (200) feet from the edge of Apple Valley Road and shall include the berms and plantings which are further described in the attached and incorporated GDP. All of the plantings described on the above-referenced GDP shall be of native species. The green space buffer may only be disturbed for installation and maintenance of utilities, and maintenance of the vegetation. The green space buffer shall be in substantial conformance with the location and quality depicted on the GDP. 1.4 The maximum height for all primary and ancillary structures will be sixty (60)feet within a distance of one thousand (1000) feet of Apple Valley Road. Roof top mechanical equipment is not subject to the sixty (60)foot height restriction. 1.5 The primary building material for all buildings on the Property shall be stone,wood, brick, architectural concrete masonry unit (e.g. regal stone, split face, precision ground face), precast concrete panels and EIFS (exterior insulation and finish systems), or metal panel of architectural grade and quality. 1.6 All freestanding lights within four hundred (400) feet of Apple Valley Road shall be mounted on poles with a maximum height of twenty-five (25)feet. 1.7 Noise levels from any activities generated on the Property shall not exceed sixty (60) dBA at the boundary line of the Property with Apple Valley Road. 1.8 Owner proffers that uses on the Property shall practice and apply noise attenuation measures, including low noise emission fans, compressor and oil separator acoustic wraps, and acoustically rated louver walls. 1.9 Owner proffers there shall be no outdoor processing on the Property. 2. Transportation 2.1 Owner proffers to construct not more than two full-movements entrances on Apple Valley Road in general conformance with the locations shown on the GDP. Owner also proffers to construct road improvements along Apple Valley Road which are generally consistent with the road improvements that were installed to the M1 property immediately adjacent to the east. This would include paving of two full lanes of travel with a center turn lane from Middle Road and tie in to the existing three lane section which has been installed by the property owner immediately to the east of the Property. Said read :v,,r,-,,..omentThe road improvements would also include a five (5) foot wide sidewalk, four (4) foot wide green strip, and two and one-half(2.5) wide curb and gutter along the length of the Property's Apple Valley Road frontage. Said road improvements 2 shall be constructed on or before the issuance of the first certificate of occupancy for any industrial building on the Property. 2.2 Owner proffers to restrict trucks leaving the Property to making only eastbound trips. The mechanisms to direct truck trips to the east shall be through a combination of signage on the site and physical improvements of the entrance, all designed in coordination with Frederick County Planning Staff and the Virginia Department of Transportation. 3. Limited Uses 3.1 Owner proffers that the Property shall not be developed for regional criminal justice, enforcement and detention facilities. 4. Fire and Rescue 4.1 Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of$0.10 per square foot of any future building constructed on the Property. 5. Escalator 5.1 In the event the monetary contributions set forth in these Proffers are paid to Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers which are paid to the County after eighteen (18) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U")published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18) months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of six percent(6%)per year, non-compounded. [remainder of page intentionally left blank] 3 Respectfully submitted, WINCHESTER GATEWAY LLC By: Winchester Advisors LLC Its: Manager By: Darius E. Saeidi Its: Manager STATE/COMMONWEALTH OF , AT LARGE CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this day of 2024, by Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager of WINCHESTER GATEWAY LLC. NOTARY PUBLIC My commission expires: Registration number: 4 PROFFER STATEMENT REZONING: RZ# Rural Areas(RA)and Light Industrial (M1)to Light Industrial (M1) Previously approved rezoning application#01-15 PROPERTY: 71.85 Acres +/-; Tax Map Parcel 63-A-80I(the "Property") RECORD OWNER: Winchester Gateway LLC ("Owner") ORIGINAL DATE OF PROFFERS: August 23, 2023 REVISION DATE(S): November 28, 2023;February 27, 2024; March 14, 2024;March 27, 2024 The undersigned Owner hereby proffers that the use and development of the above- referenced parcels, which are requested to be rezoned, shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Property that may have been made prior hereto. In the event that the above-referenced M1 conditional rezoning is not granted as applied for by the Owner, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Owner elects not to submit development plans until such contest is resolved,the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Site Development 1.1 Owner proffers to develop the Property in substantial conformance with the Generalized Development Plan for Winchester Gateway dated March 14, 2024 by Greenway Engineering which is attached hereto and incorporated herein by reference as "Exhibit A" ("GDP"). 1.2 Development of the Property shall include the following building restrictions: All buildings on the Property within five hundred (500) feet of Apple Valley Road shall not have loading docks facing Apple Valley Road. 1.3 Development of the Property shall include the following landscape design features: Owner proffers to install a green space buffer between Apple Valley Road and the existing pond. The buffer will extend two hundred (200) feet from the edge of Apple Valley Road and shall include the berms and plantings which are further described in the attached and incorporated GDP. All of the plantings described on the above-referenced GDP shall be of native species. The green space buffer may only be disturbed for installation and maintenance of utilities, and maintenance of the vegetation. The green space buffer shall be in substantial conformance with the location and quality depicted on the GDP. 1.4 The maximum height for all primary and ancillary structures will be sixty (60)feet within a distance of one thousand (1000) feet of Apple Valley Road. Roof top mechanical equipment is not subject to the sixty (60)foot height restriction. 1.5 The primary building material for all buildings on the Property shall be stone,wood, brick, architectural concrete masonry unit (e.g. regal stone, split face, precision ground face), precast concrete panels and EIFS (exterior insulation and finish systems), or metal panel of architectural grade and quality. 1.6 All freestanding lights within four hundred (400) feet of Apple Valley Road shall be mounted on poles with a maximum height of twenty-five (25)feet. 1.7 Noise levels from any activities generated on the Property shall not exceed sixty (60) dBA at the boundary line of the Property with Apple Valley Road. 1.8 Owner proffers that uses on the Property shall practice and apply noise attenuation measures, including low noise emission fans, compressor and oil separator acoustic wraps, and acoustically rated louver walls. 1.9 Owner proffers there shall be no outdoor processing on the Property. 2. Transportation 2.1 Owner proffers to construct not more than two full-movements entrances on Apple Valley Road in general conformance with the locations shown on the GDP. Owner also proffers to construct road improvements along Apple Valley Road which are generally consistent with the road improvements that were installed to the M1 property immediately adjacent to the east. This would include paving of two full lanes of travel with a center turn lane from Middle Road and tie in to the existing three lane section which has been installed by the property owner immediately to the east of the Property. The road improvements would also include a five (5) foot wide sidewalk, four(4)foot wide green strip, and two and one-half(2.5)wide curb and gutter along the length of the Property's Apple Valley Road frontage. Said road improvements shall be constructed 2 on or before the issuance of the first certificate of occupancy for any industrial building on the Property. 2.2 Owner proffers to restrict trucks leaving the Property to making only eastbound trips. The mechanisms to direct truck trips to the east shall be through a combination of signage on the site and physical improvements of the entrance, all designed in coordination with Frederick County Planning Staff and the Virginia Department of Transportation. 3. Limited Uses 3.1 Owner proffers that the Property shall not be developed for regional criminal justice, enforcement and detention facilities. 4. Fire and Rescue 4.1 Owner proffers to make a one-time payment to Frederick County for the purposes of fire and rescue services in the amount of$0.10 per square foot of any future building constructed on the Property. 5. Escalator 5.1 In the event the monetary contributions set forth in these Proffers are paid to Frederick County within eighteen (18) months of the approval of this rezoning, as applied for by Owner, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in these Proffers which are paid to the County after eighteen (18) months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U")published by the United States Department of Labor, such that at the time contributions are paid they shall be adjusted by the percentage change in the CPI-U from that date eighteen (18) months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of six percent(6%)per year, non-compounded. [remainder of page intentionally left blank] 3 Respectfully submitted, WINCHESTER GATEWAY LLC By: Winchester Advisors LLC Its: Manager y: Darius E.midi Its: Manager STATE:�COMMONFEA �TH OF , AT LARGE 'COUNTY OF , tib-wit: The foregoing instrument was acknowledged before me this day of Ttyct , 2024, by Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager of WINCHESTER GATEWAY LLC. NOT UBLIC My commission expires: Registration number: —111 'Li (� 5 SHRUTISAGAR Notary Public Commonwealth of Virginia Registration No. 7442857 My Commission Expires Nov 30, 2025 4 tlIN19211A`ALNNO�N�R13O321d HIS M33HO NOtl9 At/MN33bJ AVMBIVD NBISBHONIM O tw�o-�441�o�:a�ouaa�a� ..nom.., p m - 6x NV-1d 1N3WdO-13A30-Ib213N3J p 01 � � III �� � - ✓�_ z �g g AN 4 / NRL—J �+ VXV �, A\ "I zi Li 1 dl14 J � IIIo ti A LJ -� �+ J-/ 10 - I �.�°.}� ��� ��� �• � /� % �% •� '�/ dry �; �J asks r�h zl / e / 'y IZt u /_ `j ------------- --_". i,1FIv or „ A^�k �' �^\ � ' -ice+ /� of '' // _-����% /�;� ', // //+•� / =��so s��.� ��� �� -- r' ___—_��' �,1---��, __, _ .4�,/ ,ao�-=�� \i f�/�i'>�- ,;' •�r Vii'// i � ��. U i, ti O o _ / ✓ �tiM �� _ J_- /'• 6 �� M a !s O KZ f wu f r• !i d 0 _ — �/- / o adatiQAdM�a��oti -77 - z dl -.E 7-1 _ a d I i VINIONIA'AINnoo N❑R13❑BH=i `JNixa atal�Na 10 R11Sl❑1tlR131SI9tlW N33210 N❑tl8 s AVMN33119 3 ssbo==6 Jl`dM31V9 UMS3HONIM �Ra,M1sr 11131HX3 3A1ivmisn-ni°JNIN341M OV021 '✓ � ti ° r 'R I 7 o 1 000 re 1 r� 1 L o L III Ul �c�G7'o zgi4 d j� 0 MS— ' V �,. 1 I �Ig v\ � l.rlj�/ �1 I � Oo&0/'yl/2/ C of $ �zbdOo J Q I N y / i $ I �II I / F ✓/ � / � _O F i _ m " a $ � � ndvaNnoe�o oN NN o3er I o o I Jw 12 �., A8 a ' I WINCHESTER GATEWAY REZONING IMPACT ANALYSIS STATEMENT August 23, 2023 INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 34.26 acre portion of the property identified as Tax Map Number 63-A- 80I to M1 Light Industrial. The subject parcel is situated at the intersection of Apple Valley Road and Middle Road. The property extends to the south east along Apple Valley Road. The western side of the property is bounded by Route 37. The property is currently zoned RA (Rural Areas) and M1 (Light Industrial). This application proposes to rezone the 34.26 acre portion of the property from RA to M1. The property is currently vacant. The M1 portion of the property is subject to Rezoning#01-15. General Site Information Location: The parcel fronts on the southwest side of Apple Valley Road. Magisterial District: Back Creek District Tax Map Number: 63-A-80I Current Zoning: RA (34.26 acres) and M1 (37.59 acres) Current Use: Undeveloped Proposed Zoning: M1, Light Industrial District with proffers Proposed Use: Warehousing/Distribution Facility/Industrial Park Total Rezoning Area: 34.26 +/- acres with proffers COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The subject acreage is located outside of the UDA. Impact Analysis Statement Winchester Gateway Sewer and Water Service Area The Property is outside of the limits of the County's Urban Development Area(UDA)but wholly within the limits of the Sewer and Water Service Area (SWSA). Comprehensive Plan Conformity The Kernstown Area Land Use Plan designates the subject acreage for Industrial use. Given the adjoining industrial uses as well as its proximity to Route 11, Route 37, and Interstate 81, the subject acreage is ideally situated for a warehousing/distribution facility/data center use. Its proposed development pursuant to the M1 District aligns with the goals of the Frederick County Comprehensive plan, notably by promoting the County's goal of enhancing commercial/industrial areas and providing focus to the county's future regional employment centers. SUITABILITY OF THE SITE Access The subject acreage fronts on Apple Valley Road. Access to the site will be provided via two proposed full-movement entrances along Apple Valley Road. A Traffic Impact Analysis is provided with the rezoning application. Internal access between the proposed warehouse/distribution uses will occur through the extension of private service drives. Flood Plains The subject acreage does not contain areas of floodplain per FEMA NFIP Map #51069CO209E Effective Date January 29, 2021. Wetlands The subject acreage contains wetland areas as demonstrated on the National Wetlands Inventory (NWI)Map information or from information identified in the Frederick County GIS Database. Environmental Features The subject acreage does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no other environmental features that will constrain development of future M1 uses or such features will be managed during final engineering design in accordance with all applicable ordinances and regulations. Soils/GeolM As per the Frederick County GIS Database, the following soil types are present on the subject acreage: Frederick Poplimento loams (#14B); Frederick Poplimento very rocky loams (#16C); Frederick Poplimento Rock Outcrop Complex (#17C), and Swimley Silt loams (#39B). 2 Impact Analysis Statement Winchester Gateway These soil types are clay with an abundance of limestone rock. The characteristics of these soil types are manageable for development following the Virginia Erosion and Sediment Control practices. SURROUNDING PROPERTIES North: RA, Rural Area District Use: Residential South: M1, Light Industrial District Use: Industrial East: RA, Rural Area District Use: Church and Residential RP, Residential Performance District West: RA, Rural Area District (Across Route Use: Vacant 37) TRANSPORTATION Please refer to the Traffic Impact Analysis Statement for Winchester Gateway dated July 13, 2023 prepared by Gorove Slade. SEWAGE CONVEYANCE AND WATER SUPPLY The Property is located wholly within the Sewer and Water Service Area and is therefore entitled to be served by public water and sewer based on County Policy. Frederick Water is the provider of public water and sewer service within this area of the County. SITE DRAINAGE Topographic relief on the Property generally follows a pattern that directs drainage towards the east of the Property. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations;therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. SOLID WASTE DISPOSAL Solid waste generated by business activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. HISTORICAL RESOURCES The property adjoins the Kernstown Battlefield, a 388-acre historic site with a visitor center, historic buildings (Pritchard-Grim House), and interpretive walking trails. 3 Impact Analysis Statement Winchester Gateway IMPACT ON COMMUNITY FACILITIES Educational Facilities: This project will add no children to the school system. Emergency Services: Police protection will be provided by the Frederick County Sheriff's Department. The property is located in the first response area for the Stephens City Volunteer Fire and Rescue Company. Response times from the station to the site are reasonable. Parks and Recreation: This project will not add to the population of Frederick County and therefore will not increase the demand for parks and recreational services. Libraries: This project will not add to the population of Frederick County and therefore will not increase the demand for library services. 4 Traffic Impact Analysis Winchester Gateway Frederick County, Virginia July 13, 2023 Prepared for: Greenway Engineering, Inc. 45145 Research Place Ashburn, VA 20147 GOROVE SLADE Transportation Planners and Engineers Prepared by: GOROVE SLA©E Transportation Planners and Engineers 1140 Connecticut Ave NW 4114 Legato Road 225 Reinekers Lane 4951 Lake Brook Drive Suite 1010 Suite 650 Suite 750 Suite 250 Washington, DC 20036 Fairfax, VA 22033 Alexandria, VA 22314 Glen Allen, VA 23060 T 202.296.8625 T 703.787.9595 T 703.721.3044 T 804.362.0578 www.gorovesiade.com This document,together with the concepts and designs presented herein,as an instrument of services,is intended for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization by Gorove/Slade Associates, Inc.,shall be without liability to Gorove/Slade Associates, Inc. Winchester Gateway-Traffic Impact Analysis Page 3 July 13,2023 TABLE OF CONTENTS ExecutiveSummary......................................................................... ......... ..................................................................... ...........6 Descriptionof Proposed Development......................................................................................................................................6 PrincipalFindings and Conclusions---•--•....................................................................................................................................6 AnalysisComponents......_.... ......................................................................................... ..........................................................6 AnalysisResults........ ....................................... ............................................................... .......................................................7 Overall Conclusion........... ........................................... 7 Introduction............................... .................................. 8 Background Information: Proposed Development(Site&Nearby)........................................................................................9 Descriptionof the Existing Site..................................................................................................................................................9 Site Location and Description of the Parcel....................... ......................................................................................................9 Location within Jurisdiction and Region.......................... .......................................................................... ...........................10 Existing Zoning and Future Land-Use........................•----------........... ............................... --------...............------......---................11 Descriptions of Geographic Scope of Study and Limits of the Study Area..............................................................................11 ExistingRoadway Network......... ............................................................................. ................................. ...........................13 Analysis of 2023 Existing Traffic Volumes.......................................... ....................................................................................13 Existing Intersection Capacity and Queueing Analysis............................................................................................................16 Analysis of 2027 Future Conditions Without Development...................................................................................................18 Future without Development Traffic Volumes............................................................ .............................................................18 InherentRegional Growth.........................................................................................................................................................18 Potential Background Development........................................................................................................................................20 Future without Development Traffic Volumes........................................................................................................................21 Future without Development Intersection Capacity and Queuing Analysis.............................................................................24 Analysis of 2027 Future Conditions with Development.........................................................................................................26 SiteDescription................._....................................................................................................................................................26 ProjectedSite Trip Generation ............... ...............................................................................................................................27 Distribution and Assignment of Site Traffic..............................................................................................................................27 Future with Development Traffic Volume................................................................................................................................29 Future with Development Intersection Capacity and Queuing Analysis..................................... ............................................32 Preliminary Left and Right Turn Lane Warrant Assessments...............................................................................................34 LeftTurn Lane Warrant Assessment.......................................................................................................................................34 RightTurn Lane Warrant Assessment.....................................................................................................................................34 Access Management Assessment...........................................................................................................................................34 Conclusions.......................... ..................................................................................................................................................37 AnalysisComponents...............................................................................................................................................................37 4114 Legato Road 1 Suite 650 1 Fairfax,VA 22033 I T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 4 July 13,2023 AnalysisResults................................................................... ..................... ..............................................................................37 OverallConclusion................................................... .......................................... ........................................ ....................... ....38 OverallConclusion................... ................................................................................................................................................38 AppendixA: Scoping Document........................................................................................................ .........................................39 Appendix B: Existing Traffic Count Data......................................................................................................................................39 Appendix C. Level of Service&Delay Definitions............................................. .........................................................................39 Appendix D:Analysis Worksheets of 2023 Existing Conditions..................................................................................................39 Appendix E: Background Traffic Impact Studies................................................................................... ..............----.............39 Appendix F:Analysis Worksheets of 2027 Future Conditions without Development..................................................................39 Appendix G:Analysis Worksheets of 2027 Future Conditions with Development.......................................................................39 AppendixH:Tum Lane Warrants...... ................................................................................. ....... ............_------ .......--..........---..39 LIST OF FIGURES Figure 1:Site Location and Parcel Map............................................................................................. ...........................................9 Figure2: Regional Location............................................................................. ................................................... .......................10 Figure 3: Frederick County Zoning Map......................................................................................................................................11 Figure4:Study Intersections.............................................................................................................................. .................12 Figure 5: 2023 Existing Conditions—Roadway Network Geometdc Configuration and Traffic Control Devices........................14 Figure 6:2023 Existing Conditions—Peak Hour Vehicular Traffic Volumes...............................................................................15 Figure 7:2023 Existing Conditions—Level of Service Results...................................................................................................17 Figure 9: Projected Inherent Regional Growth Traffic Volumes(2023 to 2027)..........................................................................19 Figure 8: Location of Background Development..........................................................................................................................21 Figure 10:Background Development Traffic Assignment...........................................................................................................22 Figure 11:2027 Future Conditions without Development—Vehicular Traffic Volumes...............................................................23 Figure 12:2027 Future Conditions without Development—Level of Service Results.................................................................25 Figure 13:Conceptual Development Plan(For Informational Purposes Only).............................................................. .............26 Figure 14: Direction of Approach(Site Trip)........ ........................................................ ..............................................................28 Figure 15:Site Generated Trip Assignment..............................................................................................._.....................--....--..30 Figure 16:2027 Future Conditions with Development.................................................................................................................31 Figure 17:2027 Future Conditions with Development—Level of Service Results......................................................................33 Figure 18: Proposed Intersection Spacing...................................................................................................................................36 LIST OF TABLES Table1: Existing Roadway Network......................................................................................... ..................................................13 Table 2:2023 Existing Conditions—Intersection Capacity Analysis Results..............................................................................16 Table 3:2027 Future Conditions without Development—Intersection Capacity Analysis Results..............................................24 Table 4:Site Trip Generation (Peak Hour of the Adjacent Street-, ITE 1111 Ed.)..........................................................................27 4114 Legato Road / Suite 650 t Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 5 July 13,2023 Table 5:2027 Future Conditions with Development—Intersection Capacity Analysis Results....................................................32 Table 6: Left Turn Lane Warrant Assessment Results(2027 Future Conditions with Development)..........................................34 Table 7: Right Turn Lane Warrant Assessment Results(2027 Future Conditions with Development).......................................34 Table 8:VDOT Minimum Intersection Spacing Requirements for Commercial Entrances, Intersections, and Median Crossovers (RDM,Appendix F,Table 2-3)..................... 4114 Legato Road I Suite 650 / Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 6 July 13,2023 Executive Summary This report presents the findings of a Traffic Impact Analysis(TIA)conducted for the proposed development Winchester Gateway which is generally situated south of Apple Valley Road (Rte.651/652),west of Shady Elm Road(Rte.651), and east of VA 37 in Frederick County,Virginia. This study was developed in accordance with the Virginia Department of Transportation(VDOT)transportation impact analysis guidelines.The document was prepared in accordance with the best professional practice and standards that assess the impact of a proposed development on the transportation system and recommends improvements to lessen or negate those impacts. Traffic Impact analysis involves the evaluation of anticipated roadway conditions with and without the proposed development and recommends transportation improvements to offset both the impacts of the increase in future traffic volumes and the changes in traffic operations due to the development. The analysis assists public officials and developers to balance interrelations between efficient traffic movements with necessary lane access. Description of Proposed Development The site is situated on one parcel that can be identified on Frederick County Tax Maps with the following Tax PIN#:63 A 801. The property area is approximately 71.85 acres and is currently zoned as a mix of RA (Rural Area District) and M1 (Light Industrial District). The Applicant is proposing to rezone the RA(Rural Area District)portion of the parcel to M1 (Light Industrial District)in order to construct up to 805 000 square feet of industrial park on the entire parcel including the by-right portion. The development is anticipated to be complete and in operation by 2027 Access to the site will be provided via two proposed full-movement entrances along Apple Valley Road. Principal Findings and Conclusions Discussions regarding the study assumptions and relevant background information were held with VDOT and the County on April 25, 2023. This scope details the study assumptions and relevant background information discussed in the meetings and correspondence.A copy of the scoping document is included in Appendix A. The analysis contained herein presents the 2023 Existing Conditions, 2027 Future Conditions without Development, and 2027 Future Conditions with Development. The analysis presented in this report supports the following assumptions and major findings: Analysis Components • 2023 existing peak hour volumes were derived via turning movement counts collected at intersections within the study area on Thursday,April 27,2023. . The trip generation associated with the Site was based on the Institute of Transportation Engineers'(ITE)Trip Generation Manual, 11 th Edition publication. . Intersection capacity and queuing analyses were performed for all analysis scenarios at the study area intersections during the weekday morning(AM),and weekday afternoon(PM)peak hours.Synchro,version 11,was used to analyze the study intersections with results based on the Transportation Research Board's (TRB) Highway Capacity Manual (HCM) methodology and analysis guidelines provided in VDOTs Traffic Operations and Safety Analysis Manual(TOSAM)(version 2).The analysis herein includes the level of service(LOS),delay,and queue length comparisons for the turning movements analyzed. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 7 July 13,2023 Analysis Results 2023 Existing Conditions • Based on the capacity analysis of the 2023 Existing Conditions, the signalized study intersection currently operates at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis, all turning movements have 9511 percentile queue lengths that are accommodated within the available storage length of the turn bays. 2027 Future Conditions without Development • Based on the capacity analysis of the 2027 Future Conditions without Development, the signalized study intersection is expected to operate at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections are expected to operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis, all turning movements have 9511 percentile queue lengths that can be accommodated within the available storage length of the turn bays. 2027 Future Conditions with Development • The proposed development will consist of 805,000 square feet of industrial park and is anticipated to generate approximately 274 new trips during the AM peak hour, 274 neer trips during the PM peak hour, and 2,777 new daily trips on a typical weekday.The development is anticipated to be complete by 2027. . Based on the capacity analysis of the 2027 Future Conditions with Development, the signalized study intersection is expected to operate at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections are expected to operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis, all turning movements have 9511 percentile queue lengths that can be accommodated within the available storage length of the turn bays. Overall Conclusion Based on the capacity and queueing analysis results, the proposed development will not have a substantial impact on the surrounding transportation and roadway network. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed development_ 4114 legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 8 July 13.2023 Introduction This report presents the findings of a Traffic Impact Analysis(TIA)conducted for the proposed development Winchester Gateway which is generally situated south of Apple Valley Road (Rte.651/652),west of Shady Elm Road(Rte. 651),and east of VA 37 in Frederick County,Virginia. The Applicant is proposing to rezone the RA(Rural Area District)portion of the parcel to M1 (Light Industrial District)in order to construct up to 805,000 square feet of industrial park on the entire parcel including the by-right portion. The development is anticipated to be complete and in operation by 2027. Access to the site will be provided via two proposed full-movement entrances along Apple Valley Road. The following tasks were completed as part of this study effort: • Scoping discussions were held with VDOT and the County on the parameters of this study as well as any relevant background information on April 25, 2023.A copy of the scoping document is included in Appendix A_ • Existing conditions were observed in the field to verify roadway geometry,pedestrian and bicycle infrastructure,and traffic flow characteristics. • In order to determine the weekday morning and afternoon peak hour turning movement traffic volumes, traffic counts were conducted on Thursday,April 27, 2023. • The 2027 Future Conditions without Development scenario was projected based on the existing traffic volumes, an inherent growth to account for regional growth on the roadway network, approved background developments, and roadway improvements. • Proposed site traffic volumes were derived based on the methodology outlined in ITE's Trip Generation Manual, 111 Edition, publication and were assigned to the road network based on the agreed-upon direction of approach discussed during the aforementioned scoping meeting. • The 2027 Future Conditions with Development scenario was projected based on the existing traffic volumes, regional growth,approved background developments, roadway improvements,and plans for the proposed development. • Intersection capacity and queueing analyses were performed at the study intersections for the 2023 Existing Conditions, 2027 Future Conditions without Development, and 2027 Future Conditions with Development scenarios during the weekday morning(AM),and weekday afternoon(PM)peak hours. • Intersection capacity and queuing analyses were performed using Synchro, version 11, with results based on the Transportation Research Board's(TRB) Highwav Capacity Manual Sixth Edition(HCM 6)methodology and in following VDOT's Traffic Operations and Safety Manual(TOSAM)(version 2)_ Sources of data for this study include the Institute of Transportation Engineers (ITE), VDOT, and the office files and field reconnaissance efforts of Gorove Slade. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.con? Winchester Gateway-Traffic Impact Analysis Page 9 July 13,2023 Background Information: Proposed Development (Site & Nearby) Description of the Existing Site Site Location and Description of the Parcel The proposed development is generally situated south of Apple Valley Road(Rte_6511652),west of Shady Elm Road(Rte.651), and east of VA 37 in Frederick County,Virginia.The proposed development consists of one parcel with the following Tax PIN#: 63 A 801 and a property area of approximately 71.85 acres. An aerial of the study vicinity of provided in Figure 1. A description of the proposed development is provided in the Introduction section of this report. } L r air. 63 A 801 R Legend Site Location xxxx Parcel ID 40 Figure 1:Site Location and Parcel Map (Source: Frederick County Tax Mapper https:ltfredcogis.fcva.us/FrederickCountyGIS/] 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 I T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 10 July 13,2023 Location within Jurisdiction and Region The location of the site with respect to the surrounding area is presented in Figure 2`. 01 9 •`�r . Legend Site Location Figure 2: Regional Location 4114 Legato Road I Suite 650 1 Fairfax,VA 22033 ! T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 11 Julv 13.2023 Existing Zoning and Future Land-Use The Site is currently zoned as a mix of RA(Rural Area District)and M1 (Light Industrial District)and The Applicant is proposing to rezone the RA(Rural Area District)portion of the parcel to M1 (Light Industrial District). The existing zoning is presented in Figure 3. (N) i i x- t .ol" r� . r N 4 N L Legend Site Location Figure 3: Frederick County Zoning Map (Zoning Source:https://fredcogis.fcva.us/PlanningAccessTerminal/) Descriptions of Geographic Scope of Study and Limits of the Study Area The geographic scope of the study area was developed in accordance with VDOT and the County. The vehicular study area includes the following three existing intersections and two future intersections.The study intersections are as follows: intersection 1: Valley Pike(Rte. 11)at Apple Valley Road(Rte.651)[Existing full movement,signalized], Intersection 2: Apple Valley Road(Rte.651/652)and Shady Elm Road(Rte.651)[Existing full movement,unsignalized), Intersection 3: Apple Valley Road(Rte.651/652)and Middle Road(Rte.628)[Existing full movement, unsignalized], Intersection 4: Apple Valley Road(Rte.651/652)and Site Entrance 1 [Future full movement, unsignalized],and Intersection 5: Apple Valley Road(Rte.6511652)and Site Entrance 2[Future full movement,unsignalized] Study intersections 4 and 5 provide full movement access to the development. An aerial of the study intersections is provided in Figure 4. 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 12 July 13,2023 w 3 + 5 ) 4 let r ,a Legend „ , ( # Existing Study Intersection(s) O OFuture Study Intersection(s) Figure 4:Study Intersections 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 1 T 703.787.9595 geroveslade.com Winchester Gateway-Traffic Impact Analysis Page 13 July 13,2023 Existing Roadway Network A description of the major roadways within the study area is presented below in Table 1. Table 1: Existing Roadway Network Legal/Design Roadway RTE VDOT Classification Speed Limit (vpd) R d Segment Between: k-factor Watley Pike I US-11NOther Principal Arterial 1 35 1 15000 Rte.37 N Ramp SCL Winchester 0.0975 Apple Valley RoadR� te.651 1 Major Collector 35 2000 34-628 Middle Road_ j 34-651 Shady Elm Rd 0.0951 .Apple Valley Road Rte.652 _Major Collector 35 5100 34.651 Shady Elm Rd US-11 S,Valley Pike 0.1076 (Middle Road Y 3 Rte.628 1 Major Collector 45 3100 Urban Boundary SCL Winchester 0.0979 !Shady Elm Road Rte.652 €� Major Collector 35 700 34.649 Springdale Rd 34-65.2 Apple Valley Road 0_1 Note:Based on VDOT Historical Traffic Data from 2021- Analysis of 2023 Existing Traffic Volumes In order to determine the weekday morning (AM) and weekday afternoon (PM) peak hour turning movement traffic volumes, turning movement counts(TMC)were collected at the study intersections on Thursday,April 27,2023.The referenced weekday turning movement counts were collected from the hours of 6:00 AM to 9:00 AM and 4:00 PM to 7:00 PM: o Study Intersection 1:Valley Pike(Rte. 11)at Apple Valley Road(Rte.651) o Study Intersection 2:Apple Valley Road (Rte.651/652)and Shady Elm Road(Rte.651) Study Intersection 3:Apple Valley Road(Rte.651/652)and Middle Road(Rte.628) From the turning movement counts,the following system peak hours were determined. AM Peak Hour: 8:00 AM to 9:00 AM 0 PM Peak Hour: 4:00 PM to 5:00 PM The 2023 existing road network configuration is presented in Figure 5.The existing AM and PM peak hour traffic volumes for the existing study intersections are shown in Figure 6.The ADT volumes,depicted in Figure 6 and subsequent volume graphics, were calculated based on VDOT published k-factors from 2021,if available,or assumed k-factors per approach of 0.10 and the PM peak hour volumes.The raw existing traffic count data is provided in Appendix B. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 i T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 14 July 13,2023 - e I 4 I� 3 N U) W Shady Elm o Apple Apple Rd —? '� Valley Rd 0 Valley Rd C Y ro E > (0 ua 4 Legend 0 Existing Number OFutjre Intersection Existing Roadway FUTURE FUTURE 4 / One Way Travel Lane !r Traffic Control Device Type INTERSECTION INTERSECTION I L Figure 5:2023 Existing Conditions-Roadway Network Geometric Configuration and Traffic Control Devices 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 15 July 13,2023 Fr of IN I.;• e. •r .0 r 12,590 a ^ 4,750 ® 3,890 ID E w O N N c00 o s°v M > N 19159 N 51!117 Shady Elm Apple Apple Rd Valley Rd Valley Rd 887103 -l 0 75!122 1251172 Y M InON Cb cr) 28110 N r cli 35 '0N ca N v E oLn > 13,7201 cn w 2,450 :E � 4,720 O4 O5 Legend Existing Number OFLature Intersection a® Existing Roadway t— One Way Travel Lane FUTURE FUTURE A4:PM Peak Hour Traffic INTERSECTION INTERSECTION AOT Average Daily Traffic Figure 8:2023 Existing Conditions-Peak Hour Vehicular Trak Volumes 4114 Legato Road I Suite 650 1 Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 16 July 13,2023 Existing Intersection Capacity and Queueing Analysis Intersection capacity and queuing analyses were performed for the 2023 Existing Conditions scenario at the study area intersections during AM and PM peak hours, in accordance with VDOT-s TOSAM(version 2)guidelines. Synchro, version 11, was used to analyze the study intersections with results based on the Transportation Research Board's(TRB)Highway Capacity Manual (HCM)6th Edition methodology and include the level of service (LOS), delay, and queue length comparisons for the turning movements analyzed. Lane configurations at study intersections along the road network were field-verified, and the existing traffic volumes discussed in the aforementioned section as well as other relevant data were entered into the analysis models_ For this analysis, the existing peak hour factors(PHF)utilized in the analysis of existing conditions were based on the traffic count data collected and were modeled in the Synchro network on a by-intersection basis. PHF in the range of 0.85 to 1.00 was used for the existing scenario, consistent with VDOT analysis guidelines. The heavy vehicle percentages (HV%) utilized per movement were based on existing traffic count data for each lane group. Per the scoping meeting with VDOT and the County staff, it would be considered acceptable to achieve an approach LOS D or better for traffic operations, using HCM methodology. The results of the intersection capacity from Synchro are presented in Table 2 and graphically in Figure 7.The results are expressed in LOS and delay(seconds per vehicle)for overall signalized/all- way stop control intersections and per approach and lane group for all study intersections. The 951h percentile queues were also determined from Synchro and are expressed in feet. The description of different LOS and delays are included in Appendix C. The detailed analysis worksheets of 2023 Existing Conditions are contained in Appendix D. Table 2:2023 Existing Conditions-Intersection Capacity Analysis Results AM Peak Hour PM Peak Hour Effective Storage LOS Delay Stith% LOS Delay 95th% intersection(movement) Length(ftj (secfveh) Queue(ft.) (sectveh) Queue Synchro synchto 1 Apple Valley Rd(Ale.651)(Ew)at Valley Pike IRte.11)(NIS) 8 13.4 5 13.1 Eastbound Approach D 40.5 D 40.3 Eastbound Lett D 43.5 104 D 4'1 2 112 Eastbouml Rsaht 530 D 33.5 62 D 38.S 57 Northbound Approach A 5.6 A 5.8 Northbound Lett 275 A 6.1 64 A 7.1 45 Northbound Thm A 5.4 170 A 5.5 173 Southbound Approach S 10.9 E 13.5 Southbound Thm C. 11A 166 0 142 359 Southbound Right 201E A 9.3 23 A a.9 25 2 Shady Elm Rd(EIW)at Apple Valley Rd (Rte.651)(NIS) Eastbound Approach a 12.1 13 13.0 Eastbound Lef lRght 8 121 !8 3 13.0 25 Northbound Approach Northbound Left-`Thru A 8.3 0 A 7.8 3 Middle Rd(EW)at Apple Valley Rd(Rte. S51)(NIS) Westbound Approach H 11.3 E 13.2 Westbound LeftlRight 0 11.3 1 9 13.2 35 Southbound Approach ,authbound LeibThm A 7.8 g A 7.7 NOTES /11 Effecave storage teng&i ba;ed on the storage ngfh pltKo nnz half of the.•aver Ie:Tgth per TOSAM guMehnes Based on the capacity analysis,the signalized study intersection is anticipated to operate at an overall acceptable level of service during both peak hours.All approaches at all study intersections operate at an acceptable level of service during all peak hours. Based on the queuing analysis performed for the 2023 Existing Conditions, all turning movements at the study intersections have 95th percentile queues that are accommodated within the available storage lengths of the turn bays. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 17 July 13,2023 41 2 5 f,yl BIB BlB /,;Z\ � AIA a w G � CFO Shady E9m s; Apple 0 Apple Rd Valley Rd Valley Rd A DID BIB ; I G DID V C a Q C v Q 2 E AIA to Lu AfA 4 O Legend 0 Existing Number OFuture Intersection �• Existing Roadway FUTURE FUTURE f— One Way Travel Lane /$/0 Traffic Control Device Type INTERSECTION INTERSECTION AWTV Movement Level of Service AM..PM Approach Level of Service AMlPM Overall Level of Service Figure 7: 2023 Existing Conditions—Level of Service Results 4114 Legato Road I Suite 650 t Fairfax,VA 22033 J T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 18 July 13,2023 Analysis of 2027 Future Conditions Without Development For this study,the development is anticipated to be constructed by 2027;this scenario analyzes the future without development conditions for the year 2027. Future without Development Traffic Volumes The derivation of future without development traffic volumes was based on assumptions and parameters discussed with VDOT during the scoping process for this study. The future conditions include anticipated inherent regional growth, any potential background developments around the vicinity of the site,and any anticipated roadway improvements. Inherent Regional Growth In order to account for the increased demand on the traffic network between 2023 and 2027,an inherent growth rate was applied to future scenarios. This inherent growth was anticipated to account for regional development within the at-large area, which would ultimately result in increased roadway demand. Furthermore, the inherent growth was anticipated to account for any potential background developments unaccounted for within the vicinity of the study area. As agreed,upon in the scope of this study,to account for 2027 future conditions,an inherent growth rate of 1.5%,(compounded annualiy)over four years,between 2023 to 2027(totaling 6.14%growth of the existing volumes)was applied to the Valley Pike mainline through movements at the intersection of Shady Elm Road and Valley Pike. In addition, an inherent growth rate of 0.5%, (compounded annually) over four years, between 2023 to 2027 (totaling 2.02% growth of the existing volumes) was applied to the movements at all other intersections. The inherent regional growth volumes(for the period between 2023 and 2027)are illustrated in Figure 8. 4114 Legato Road I Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 19 July 13,2023 4t s � it •W �+ . t j 7h tiw � t " , 3 #.. w > ,i ch i'. N O t 0I2 {J 212 Shady Elm Apple Apple ——=—_ Rd I Valley Rd Valley Rd 212 I 2/2 313 iY_ v ' 011 r c� w la coo �, li c M M tZt N -p CU E > !n W 4 (5 Legend QExisting Number OFuture Intersection Existing Roadway < One Way Travel Lane FUTURE FUTURE AMPfl Peak Hour Traffic INTERSECTION INTERSECTION Figure 8: Projected Inherent Regional Growth Traffic Volumes(2023 to 2027) 4114 Legato Road I Suite 650 1 Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 20 July 13,2023 Potential Background Development In addition to the applied inherent regional growth reflecting increased regional traffic demand, background developments within the vicinity of the site,with their location depicted in Figure 9,were identified in the meeting with VDOT for inclusion in this study. The background developments included are as follows: Carbaugh&Shady Elm Property • Located generally west of Valley Pike(Route 11)and Interstate 81, northeast of Shady Elm Road (Route 651), south of Route 37,and west of the CSX railroad tracks_The entirety of the property spans three parcels,totaling approximately 152.22 acres. • Based on a traffic impact study conducted for the site(titled Carbaugh & Shady Elm Property, conducted by Gorove Slade,and dated July 2021),the portion of the property analyzed was anticipated to consist of approximately 1,500,000 square feet of High-Cube Fulfillment Center Warehouse — Non-Sort (ITE LUC 155). To be noted this development program has been revised from the original approved study. • When complete,this background development is expected to generate a total of approximately 225 net new trips during the AM peak hour,240 net new trips during the PM peak hour,and 2,826 net new daily trips during a typical weekday. • There are no improvements at the study intersections that are associated with this background development. To include the potential impacts of the background developments in future scenarios, the anticipated trips and roadway improvements associated with these background developments were taken into consideration. The assignment of the total background trips to the road network is depicted in Figure 10. Additional information related to the background traffic impact study is included in Appendix E. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 21 July 13,2023 N SITE r j t A, . Legend Site Location Ci Background Development - �� -- Future Roadway Figure 9: Location of Background Development Future without Development Traffic Volumes 1n order to forecast future roadway traffic volumes for the year 2027,the 2023 existing traffic volumes were combined with the inherent regional growth traffic volumes, and background development traffic volumes. The 2027 Future without Development traffic volumes are illustrated in Figure 11. 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 22 July 13,2023 t 1 a� y T 5 { y f�1 a ru v W c w m o 0 0 0 o > 0 0 0 0 0/0 Shady Elm Apple Apple Rd 010—'1 CIO Valley Rd Valley Rd � � 0,'0o us Y `0 010 0 0 t 0 0 C. E �c > a) W OLegend 0 Existing Number OFuture Intersection Existing Roadway E— One Way Travel Lane FUTURE FUTURE 1W P1.1 Peak Hour Traffic INTERSECTION INTERSECTION Figure 10:Background Development Traffic Assignment 4114 Legato Road I Suite 650 1 Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 23 July 13,2023 J - l A�r 5 �•� ` O 13,530 ;D 4,840 -p 3,970 Df E u 000 a�to �i W � o o CM IM Ln N > 00ti 19161 N �, 4) � I � 531119 Shady aim Apple i Apple e Rd Valle} Rd Valley Rd 881105T 771124 c 128/175 Y M '0 28111 o r _ r >, OMO Go M >. r OCr f�6 r > 14,67fl ul 2,520 4,810 O4 O5 Legend 0 ExlstingNumber iQ Futurelntersection Existing Roadway 4— One Wiry FUTURE FUTURE Peak hour Traffic Lane Trak aff INTERSECTION INTERSECTION AL)T Average Daily Traffic Figure 11:2027 Future Conditions without Development—Vehicular Traffic Volumes 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 24 July 13,2023 Future without Development Intersection Capacity and Queuing Analysis Intersection capacity and queueing analyses were performed for the 2027 Future Conditions without Development scenario at the study area intersections during the AM and PM peak hours, in accordance with VDOT's TOSAM(version 2) guidelines. Synchro,version 11,was used to analyze the study intersections with results based on TRB's HCM 61 Edition methodology and include LOS,delay,and queue length comparisons for the turning movements analyzed. For this analysis, the intersection PHF utilized in the analysis of future conditions was determined based on the 2023 existing traffic counts,with a minimum of 0.92.The HV%were based on the existing traffic count data. As mentioned previously,it would be considered acceptable to achieve an approach LOS D or better for traffic operations using HCM methodology.The results of the intersection capacity and queuing analyses from Synchro are presented in Table 3 and graphically in Figure 12.The results are expressed in LOS and delay(seconds per vehicle)for overall signalized intersections and per approach and lane group for all study intersections. The 95th percentile queues were also determined from Synchro and are expressed in feet. The detailed analysis worksheets of the 2027 Future Conditions without Development are contained in Appendix F. Table 3:2027 Future Conditions without Development—Intersection Capacity Analysis Results AM Peak Hour PM Peak Hour Effective Storage LOS Delay 95th% LOS Delay 95th% No. Intersection(Movement) Length(h.) (sectveh) Queue tfL) (sectveh) Queue til Synchro Synchro 1 Apple Valley Rd(Rte.651)(EW)at Valley Pike lRte.11ZfNfS]___—�— B 13.4 B 15.5 Eas[boundApproach O 40.6 D 40.2 Eastbound Left Q 43.6 105 S 4S2 113 Easlbaund_Rigght __—__ ___3_� C 38.5 52 l7 38.4 _ 57 Northbound Approach — - --�A 5.6--- ---- —V A 6.2 Northbound Left 27E A 6.2 65 A 7.8 4£ Northbound Thru h 5.6 135 �, 5.8 201 _ouEhb--ndApproac------------ ---__-'-- ----- -----------------------.-.�_�—e—_ __—_— Sou[hboundApproach 8 11.z B 14.8 Southbound T,hru B 11.8 189 8 15.6 424 Southbound Right 200 A 9.3 23 A 9.3 29 2 Shady Elm Rd(EPM at Apple Valley Rd Rte_fi51�SNIS]_--�—_—_--_ Eastbound Approach a 11.8 B 12.5 Eastbound Len;Right B 11.8 15 B 12.5 23 Northbound Approach '""'— - - ------ -------- ---_-_e---_--__.__"—_----"--- _____" Northbound Left.Thru A 8.2 0 P TS 4 3 Middle Rd(EAM at Apple Valley Rd tR[e. 65_1)iNIS�— __ Wes[boundApproach — _&��11.1���--- --B�--- 127---W----- westhound Left�Right —w— —� B� 11.1 f0 B 12.7 30 Southbound Approach ------ ---------------____—__—_—___W Southbound Leftr7hru A 7.8 0 A ?.7 3 NOTES: (t]Effective Storage length is based on the storagp lergN:plus one-half of fhe laperlengti per TOSAM guidelines. Based on the capacity analysis,the signalized study intersection is anticipated to operate at an overall acceptable level of service during the AM and PM peak hours.All approaches at all study intersections operate at an acceptable level of service during all peak hours. Based on the queuing analysis performed for the 2027 Future Conditions without Development, all turning movements at the study intersections have 95th percentile queues that can be accommodated within the available storage lengths of the tum bays. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 25 July 13,2023 `` -- - - 4 5 3 BIB Q m N W Q � Q BIB q`7 Shady Elm Apple _ 0 Apple RdDfD—� 'I Valley Rd * Valley Rd 4 DID Y I BIB ` C� fp L E 70T > -AIA cn li W r A/A Qf O5 Legend 0 Existing Number OFuture Intersection Existing Roadway 4/— One Way Travel Lane FUTURE FUTURE I/Z/0 Traffic Control Device Type INTERSECTION INTERSECTION AG PAI Movement Level Service AMIPM Approach Level of Service AAVPM Overall Level of Service Figure 12 2027 Future Conditions Without Development-Level of Service Results 4114 Legato Road / Suite 650 / Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 26 July 13,2023 Analysis of 2027 Future Conditions with Development For this study,the Development is anticipated to be constructed by 2027 and this scenario analyzes the future with development conditions for the year 2027. Site Description The Site is generally situated to the south of Apple Valley Road(Rte.651/652),west of Shady Elm Road(Rte.651),and east of VA 37 in Frederick County,Virginia.The proposed development consists of one parcel with the following Tax PIN#:63 A 801 and a property totaling approximately 71.85 acres_ The Applicant is proposing to rezone the RA(Rural Area District)portion of the parcel to M1 (Light Industrial District)in order to construct up to 805,000 square feet of industrial park on the entire parcel including the by-right portion.To provide a conservative analysis, the by-right proportion of the development was not considered as part of the background development. The development is anticipated to be complete and in operation by 2027. A conceptual plan for the Site is illustrated in Figure 13. Access to the site will be provided via two future full-movement entrances along Apple Valley Road. r ------------- --- � y 11 ¢f { i SM ACRE.AL W, PL00'2.ma �_ ___ .i 45.90 Ae'IZES HI:ICDING 1-200.000 SP RI,B PMC 2-200,000 SF BULDI?I::0-I,O,aKI SP BLILDING 4-150.000 SY BCILDNG 6-135,000 5F TOTAL-805.000 SIR Figure 13:Conceptual Development Plan(For informational Purposes Only) 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 27 July 13,2023 Projected Site Trip Generation In order to calculate the trips generated by the proposed development, the Institute of Transportation Engineers' (ITE) Tri Generation Manual, 1111 Edition,the publication was used to determine the total trips going into and out of the subject study site during the weekday AM and PM peak hours as well as the typical number of weekday daily trips_The projected trip generation for the proposed development is depicted in Table 4.There is no internal capture and Pass-by allowance Reduction associated with this site. Table 4:Site Trip Generation(Peak Hour of the Adjacent Street; ITE 111 Ed.) Weekday Land Use ITE Code sizv AM Peak Hour PM Peak Hour Daity In OLd TOTA In out TOW Total Industrial Park 130 kSF of GFA 222 52 274 60 214 274 2.777 Total Proposed Site Trips kSF of GFA 222 52 274 60 214 274 2,777 As illustrated in the table above,the site in total is expected to generate approximately 274 new trips during the AM peak hour, 274 new trips during the PM peak hour,and 2,777 new daily trips on a typical weekday. Distribution and Assignment of Site Traffic The distribution and assignment of the site-generated trips were based on the existing traffic patterns, engineering judgment, and the nature of the proposed development, and with the guidance and input from VDOT and County staff. The site direction of approach is illustrated in Figure 14. 4114 Legato Road ! Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 28 July 13,2023 l N Op t � ..r 1 c a r. rtL.@- � i 1 �Y ♦ by � r L f ",i p Legend 0 Direction of Approach 4 Future Roadway Figure 14:Direction of Approach(Site Trip) 4114 Legato Road I Suite 650 J Fairfax,VA 22033 ! T 703.787.3595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 29 July 13,2023 Future with Development Traffic Volume In order to project future traffic volumes on the roadways in the vicinity of the development,trips generated from the development were assigned to the road network based on the previously mentioned direction of approach.The primary site traffic assignment is illustrated for the AM and PM peak hours in Figure 15. The 2027 Future without Development traffic volumes is illustrated in Figure 16. 4114 Legato Road ! Suite 650 / Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 30 July 13,2023 y 1 `'k `• � y m Y t 7 ; a � � --tea Qom' r > W 0 M g M c o o 3111 o o 3111 Shady Ern Apple `I Apple Rd Valley Rd Valley Rd 10!43 331138 23195 0 0 13154 r o c E > a u) w 4 O Legends 0 Existing Number OFutire Intersection t—40111 !—3111 Existing Roadway 160143 40111 Future Improvements Apple Apple Ample Apple 4— One Way Travel Lane Valley Rd Valley Rd Valley Rd Valley Rd AM Pt,! Peak Hour Traffic 9138—� 1113—I► r* 11/3 v 1113 o m � o (D 1 M M 2 N N C C CO W (n til Figure 15:Site Generated Tri Assignment 9 P 9 4114 Legato Road / Suite 650 P Fairfax,VA 22033 / T 703787.9595 oor;ves;a<7e.com Winchester Gateway-Traffic Impact Analysis Page 31 July 13,2023 z 40' 5 3 ' t's1 14,080 T Y 6,610 0 �1 4,110 �J _ 1� $ cp > o 01 00 j w � e � � `" � `T° E ,°�' N 22(72 nj tJ it ('4' 56/130 Shady E;m Apple Apple Rd Valley Rd Valley Rd 0 981148 110/262 t 1511270 u, N 41165 r � tt1 M d) N co -Kr tD O LO06 Y L E a r > 6- 15,890 to w 3,210 X 4,950 0 Legends o h a Existing Number do r et rj O Future Intersection F 1121191 F—751,191 Existing Roadway 160143 40111 — Future Improvements Apple Apple Apple Apple t--- One Way Travel Lane Valley Rd Valley Rd Valley Rd Valley Rd ARrar, Peak!tour Traffic o y 1001109—► � 102174—?► � (�" FA—DT-1 Average Daily Tmffic v � 1113 1113 v M r N cv M a I � N M N +L2,110 in w 630 Figure 16:2027 Future Conditions With Development 4114 Legato Road 1 Suite 650 1 Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 32 July 13,2023 Future with Development Intersection Capacity and Queuing Analysis Intersection capacity and queuing analyses were performed for the 2027 Future Conditions with Development scenario at the study area intersections during the AM and PM peak hours,in accordance with VDOT's TOSAM(version 2)guidelines. Synchro, version 11,was used to analyze the study intersections with results based on TRB's HCM 61h Edition methodology and include LOS,delay, and queue length comparisons for the turning movements analyzed. For the purposes of this analysis,the intersection PHF utilized in the analysis of future conditions was determined based on the 2023 existing traffic counts,with a minimum of 0.92 as agreed to in the scoping document.The HV%were based on the existing conditions scenario,with any new approaches based on the existing counts and the Site truck trip generation. As mentioned previously, it would be considered acceptable to achieve an approach LOS D or better for traffic operations using HCM methodology. The results of the intersection capacity and queuing analyses from Synchro are presented in Table 5 and graphically in Figure 17.The results are expressed in LOS and delay(seconds per vehicle)for overall signalized intersections and per approach and lane group for all study intersections. The 9511 percentile queues were also determined from Synchro and are expressed in feet. The detailed analysis worksheets of the 2027 Future Conditions with Development scenario are contained in Appendix G. Table 5:2027 Future Conditions with Development-Intersection Capacity Analysis Results Effective Stowage Am Peak How PH Peak Houir LOS Delay 95th,% LOS Delay Synctwo Synchro 1 npPrn v,,119y RR Iltte 651),:V I ar Valley Pike(Rte.11)(N S) B 14.3 B 16.7 Eastbound Approach D 40.4 D 407 Easlhound Left D. 43.9 113 D 46.6 150 Eastbound Right 530 D 38.1 55 D 372 68 Northbound Approach A 6.4 A 7.3 Northbound Left _-_ A 7.3 108 A 9.4 59 Northbound Thru A 5.9 *4 A 6.7 218 Southbound Approach B 13.1 B 17.3 Sc.1rL'ibound Thfu B 13.9 215 B 183 465 Southbound Right 200 B 11.2 33 8 10.9 34 2 Shady Elm Rd(EW)at Apple Valley Rd .(Rte.651)(N;S) Eastbound Approach C 16.3 G 19.5 Eastbound Left/Right C 16.3 38 C 19.5 98 Northbound Approach Northbound Leftfrhru A 8.9 5 A 7.9 3 3 Middle Rd(EIW)at Apple Valley Rd(Rte. 651)(N!S) Westbound Approach B 11.4 a 13.2 l Westbound Left/Right B 114 13 B 13.2 38 Southbound Approach Southbound Lef!Thru A 78 3 A 7.7 3 4 Site Access 1(EW)at Apple Valley Road (Rte.6511652)WS) Westbound Approach Westbound Leflfrhru A 7.8 16 A T.5 3 Northbound Approach A 9.1 8 10.0 Northbound Left/Right A 9A 5 B 10; 18 5 Site Access 2(Et W)at Apple Valley Road' (Rte.651i652)(WS) Westbound Approach Westbound LefUThru A 7.5 3 A Northbound Approach A 9.3 A 9.3 Northbound Left/Right A 9.3 0 A 5.8 _. NOTES /Sj Effective storage fengiit z used on&.2a 'arage'ength Plus one-ha,90€the-averJength per TOSAMguldetines. Based on the capacity analysis of the 2027 Future Conditions with Development,the signalized study intersection is expected to an operate at overall acceptable level of service during the AM and PM peak hours.All approaches at all study intersections are expected to operate at an acceptable level of service during the AM and PM peak hours. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 gorovesiade.com Winchester Gateway-Traffic Impact Analysis Page 33 July 13,2023 Based on the queuing analysis performed for the 2027 Future Conditions with Development,all turning movements at the study intersections have 95th percentile queues that can be accommodated within the available storage lengths of the turn bays. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed development. z t� � 1rY # r Tki '* A a_ 4 l F -■ W. l_1 Brsass it CIS i c�c t 'a m m w > I < ro B/B m Shady Elm a Apple _ ,j Apple Rd Valley Rd Valley Rd D!D D/D C/c I' � Q Q) Y > a AIA U) w AIA AN AeB O5 AIA Legends -- V Existin0Number Q Q O Future lntersection ._.� AIA AIA Q ExistinBRoadway Apple Apple Apple Apple — Future Improvements _ �---- One Way Travel Lane Valley Rd * Valley Rd Valley Rd ,* Valley Rd /Z/V TreMc Control Device Type _� •4 ' A67:P1.' Movement Level of Service ANLFM Approach Level of Service v m Q AM1Ph1 Overall Level of Service i6 f4 Lu AIB AIA Figure 17:2027 Future Conditions with Development—Level:of Service Results 4114 Legato Road J Suite 650 1 Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 34 July 13,2023 Preliminary Left and Right Turn Lane Warrant Assessments Left and right turn lane warrants are based on VDOT's Road Design Manual(RDM),Appendix F. In order to determine the need for exclusive left or right turn lanes at the site accesses along Apple Valley Road,the traffic data and anticipated development program provided in the Analysis of 2027 Future Conditions with Development section were utilized. Additional graphics and information regarding the methodology used to determine the turn lane warrants are provided in Appendix H. Warrants for right-tum storage lanes on two-and four-lane highways at intersections are based on Figure 3-26 and Figure 3-27 in Appendix F of VDOTs. RDM. These figures provide a graphical representation for determining the necessity of a right turn lane by comparing the total volumes of a given approach with their respective right turn volumes. Warrants for left-turn storage lanes on two-lane highways at unsignalized intersections are based on Figure 3-5 to Figure 3-22 in Appendix F of VDOT's RDM.The figures provide graphical representations for determining the necessity of a left turn lane by comparing the advancing volumes of a given approach and the respective opposing volumes with respect to the percentage of left turning vehicles of the advancing volumes and the design speed of a given roadway. Warrants for left-turn storage lanes on four-lane highways at unsignalized intersection is based on Figure 3-3 in Appendix F of VDOT's RDM.The figure provides a graphical representation for determining the necessity of a left turn lane by comparing the advancing volumes of a given approach and the respective opposing volumes with respect to if the roadway is divided or undivided. Left Turn Lane Warrant Assessment Table 6 shows that per VDOT RDM, a left turn lane is not warranted on the westbound approach at both site accesses given the opposing volume,advancing volume,and the left turning volume for the 2027 Future with Development conditions. Table 6: Left Turn Lane Warrant Assessment Results(2027 Future Conditions with Development) Study Scenario •. VDOT Treatment Left Turn% (VPH) (VPH) (VPH) Figure INT 4-WBL-2027 TF AM Peak 111 1 272 1 160 5882% 1 Fig-3-10 1 Not Warranted INT 4-WBL-2027 TF PM Peak 112 234 43 18.38% Fig.3-8 Not Warranted INT 6-WBL-2027 TF AM Peak 113 115 40 3478% Fig,3-10 Not Warranted INT 5-WBL-2027 TF AM Peak 77 202 i 1 545% Fig,3-8 Not Warranted Right Turn Lane Warrant Assessment Table 7 shows that per VDOT RDM,a right turn lane is not warranted on the eastbound approach at both site accesses,given the right turning volume,approach volume, and the minimum right tum lane and taper thresholds. Table 7: Right Turn Lane Warrant Assessment Results(2027 Future Conditions with Development) RightApproach Right Turn Minimum Right Minimum ThresholdStudy Scenario Volume Volume Turn Taper Turn Full Lane Treatment Threshold T4-EBR-TF(AM) 111 11 59 104 1 Not Warranted 1NT 4-EBR-TF(PM) 112 3 59 103 Not Warranted !NT 5-EBR-TF(AM) 113 11 59 103 Not Warranted INT 5-EBR-TF(PM) 77 3 62 108 Not Warranted Access Management Assessment The minimum spacing standards for the Commonwealth of Virginia are specified in VDOT's Road Design Manual (RDM). Appendix F of the RDM focuses primarily on access management practices. The minimum spacing standard is particularly 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 35 July 13,2023 specified in Table 2-2 through Table 2-4. Table 2-2 provides guidance on the minimum spacing standard for commercial entrances, intersections,and median crossovers,and is based on a roadway's speed limit and functional classification. Apple Valley Road in the vicinity of the proposed development is classified by VDOT as a major collector roadway.The speed limit on the roadway segment in the vicinity of the study area is 35 mph. The applicable intersection spacing requirements (centerline-to-centerline) per RDM Appendix F Table 2-3 are illustrated in Table 8. This section evaluates the minimum spacing requirements at the proposed site. The proposed intersection spacings by roadway are illustrated in Figure 18. Table 8: VDOT Minimum Intersection Spacing Requirements for Commercial Entrances, Intersections, and Median Crossovers(RDM.A endix F,Table 2-3 Minimum Centerline to Centerline Spacing(Feet) Highway .• (Type Functional Class (mph) Signalized Unsignalized Full Access I (Type 4) Intersection Intersection or Full Directional Partial Access Crossover Crossover Principal Arterial <_30 mph 1.050 880 440 250 _...................... .... ........................ ............ ....--------- ................. ............... 35 to 45 mph 1,320 1,050 565 305 --............. . .......... ........................... ... .............................. . ... ..... ........ ................ .......... ....................._........ ... _... >_50mph 2.640 1 320 750 445 Minor Arterial 5 30 mph 880 660 355 200 _...............-......... ............... - •.. ----............ ........... ... .............._........................... . 35 to 45 mph 1,050 660 470 250 .................._. _......._.. --............ ........... ...... ................ .... >_50mph 1.320 1.050 555 425 Collector 5 30 mph 660 440 225 200 'b to 45 mph $ 440 210 >-50mph 1 A50 660 445 360 Nates 1 Based on the Virginia Oepartment of Transportation's(VDOT)Road Oesign klanual(RDP.il.Appendix F Table 2-2 for t linimta»Spacing Standards 2 Design speed for roadways ivith posted speed of 45 mph or less is at least equal to the posted speed For road:vays vith a posted speed of 5O mph or brgher,the design speed is at least 5 mph higher than the posted speed Where design speed is not available the posted speed should be used Figure 18 shows the intersection spacing requirements and the measured intersection spacing relative to the new accesses proposed on App!e Valley Road. 4114 Legato Road I Suite 650 I Fairfax,VA 22033 I T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 36 July 13,2023 900 Ft. (335 ft. 3 Reqd) wet s 5 1500 Ft. (33S ft.Req d) !, OW 900 Ft. (335 ft Reqd) , ► -� 44 AA Mr Nr Legend Existing Study Intersection(s) ® Future Study Intersection(s) '- X ft. Measured Spacing (X ft. Reqd.) Required Spacing Figure 18:Proposed*Intersection Spacing 4114 Legato Road I Suite 650 1 Fairfax,VA 22033 1 T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 37 July 13,2023 Conclusions This report presents the findings of a Traffic Impact Analysis(TIA)conducted for the proposed development Winchester Gateway which is generally situated south of Apple Valley Road(Rte.651/652),west of Shady Elm Road(Rte. 651), and east of VA 37 in Frederick County,Virginia. The site is situated on one parcel that can be identified on Frederick County Tax Maps with the following Tax PIN #: 63 A 801. The property totals approximately 71.85 acres and is currently zoned as a mix of RA(Rural Area District)and M1 (Light Industrial District). The Applicant is proposing to rezone the RA(Rural Area District)portion of the parcel to M1 (Light Industrial District)in order to construct up to 805,000 square feet of industrial park on the entire parcel including the by-right portion. The development is anticipated to be complete and in operation by 2027 Access to the site will be provided via two proposed full-movement entrances along Apple Valley Road. Analysis Components • 2023 existing peak hour volumes were derived via turning movement counts collected at intersections within the study area on April 25,2023. • The trip generation associated with the Site was based on the Institute of Transportation Engineers' (ITE;Trip Generation Manual, 11th Edition publication. . Intersection capacity and queuing analyses were performed for all analysis scenarios at the study area intersections during the weekday morning(AM),and weekday afternoon(PM)peak hours.Synchro,version 11,was used to analyze the study intersections with results based on the Transportation Research Board's (TRB) Highway Capacity Manual (HCM) methodology and analysis guidelines provided in VDOT's Traffic Operations and Safetv_Analysis Manual(TOSAM)(version 2).The analysis herein includes the level of service(LOS),delay,and queue length comparisons for the turning movements analyzed. Analysis Results 2023 Existing Conditions • Based on the capacity analysis of the 2023 Existing Conditions, the signalized study intersection currently operates at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis,all turning movements have 951 percentile queue lengths that are accommodated within the available storage length of the turn bays. 2027 Future Conditions without Development • Based on the capacity analysis of the 2027 Future Conditions without Development, the signalized study intersection is expected to operate at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections are expected to operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis, all turning movements have 95th percentile queue lengths that can be accommodated within the available storage length of the turn bays. 2027 Future Conditions with Development 4114 Legato Road / Suite 650 / Fairfax,VA 22033 i T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 38 July 13,2023 • The proposed development will consist of 805,000 square feet of industrial park and is anticipated to generate approximately 274 new trips during the AM peak hour, 274 new trips during the PM peak hour, and 2,777 new daily trips on a typical weekday.The development is anticipated to be complete by 2027. • Based on the capacity analysis of the 2027 Future Conditions with Development, the signalized study intersection is expected to operate at an overall acceptable level of service during the AM and PM peak hours. • All approaches at all study intersections are expected to operate at an acceptable level of service during the AM and PM peak hours. • Based on the queueing analysis, all tuming movements have 95' percentile queue lengths that can be accommodated within the available storage length of the turn bays. Overall Conclusion . Based on the capacity and queueing analysis results,the proposed development will not have a substantial impact on the surrounding transportation and roadway network. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed Development. Overall Conclusion Based on the capacity and queueing analysis results, the proposed Development will not have a substantial impact on the surrounding transportation and roadway network. Therefore, no improvements are recommended to mitigate the traffic generated by the proposed Development. 4114 Legato Road / Suite 650 / Fairfax,VA 22033 / T 703.787.9595 goroveslade.com Winchester Gateway-Traffic Impact Analysis Page 39 July 13.2023 TECHNICAL APPENDIX Appendix A: Scoping Document Appendix B: Existing Traffic Count Data Appendix C: Level of Service & Delay Definitions Appendix D: Analysis Worksheets of 2023 Existing Conditions Appendix E: Background Traffic Impact Studies Appendix F: Analysis Worksheets of 2027 Future Conditions without Development Appendix G: Analysis Worksheets of 2027 Future Conditions with Development Appendix H: Turn Lane Warrants 4114 Legato Road / Suite 650 1 Fairfax,VA 22033 ! T 703.787.9595 goroveslade.com From: Johnson,Joseph (VDOT) <J Sent: Friday,October 13,2023 3:05 PM To: Tyler Klein(tIMM Thomas Moore Lawson, Esq. Cc: Carter, Edwin (VDOT); Ingram, Lloyd (VDOT) Subject: Winchester Gateway RZP Tyler, VDOT has reviewed the rezoning application for the Winchester Gateway project located on Apple Valley Road (PIN 63-A-801) and we offer the following comments: 1. Apple Valley Road does not meet current VDOT standards and is not suitable for additional truck traffic in its current form as it is generally too narrow (-20'wide). Applicant should provide a typical section identifying proposed frontage improvements along Apple Valley Road. We recommend improvements similar to those provided by the industrial development to the east of the subject site. 2. Apple Valley Road is currently shown in the Frederick County Comprehensive Plan as a U41)(urban four-lane divided roadway)and we recommend identifying on the plans any proposed right-of-way dedications to accommodate this future road section. 3. The GDP identifies a single entrance to the site while the proffers specify two entrances and the TIA also shows two entrances. Please clarify whether the proposed plan is for one or two entrances. Please note that a single entrance may affect turn lane warrants. Also please note that final turn lane warrant analysis will be required at the time of final site plan (the analysis provided in the TIA may be used if the use,intensity and configuration match what was analyzed). Please let me know if you have any questions. Joseph W.Johnson, PE P1.,._111 _n "--sidency Virginia Department of Transportation 14031 Old Valley Pike/Edinburg,VA 22824 Phone#540.534.3223 1 From: Johnson.Joseph(VD0n To: Tyler Klein Cc: John Bishop:Thomas Moore Lawson.E,�- ; Subject: "[Extemal]"Re:Winchester Gateway-applicant response&revised proffers Date: Tuesday,December 5,2023 10:03:22 AM Tyler, VDOT has reviewed the latest redline proffers for the Winchester Gateway rezoning application and we do not feel that a VPD trigger for frontage improvements would be appropriate given the nature of the development and the existing condition of Apple Valley Road. Additionally, knowing that some of the traffic from this development may opt to travel towards Middle Road to reach destinations to the west, we would feel more comfortable if full frontage improvements were being provided. Please let me know if you have any questions. Thanks! Joseph W.Johnson, PE Virginia Department of Transportation 14031 Old Valley Pike/Edinburg, VA 22824 Phone#540.534.3223 From:Tyler Klein < Sent:Tuesday, December 5, 2023 9:48 AM To:Johnson,Joseph (VDOT)<jc Cc: 181 Public131<j Subject:Winchester Gateway- applicant response& revised proffers Joe—attached per our discussion this morning. Written response to revised(redline)proffers would be appropriate so we may include in our materials for the Planning Commission public hearing on January 3,2024. Thank you. M.Tyler Klein,AICP Senior Planner Department of Planning &Development Frederick County, Virginia 107 N. Kent Street Winchester,VA 22601 (540)722-8248 From: Rod Williams <r Sent: Saturday, September 9, 2023 4:32 PM To: Thomas Moore Lawson, Esq. Cc: Wyatt Pearson;John Bishop;Tyler Klein Subject: Rezoning Application -Winchester Gateway LLC -Tax Parcel Number 63-A-801 (the "Subject Parcel") Dear Ty: You have submitted to Frederick County for review a proffer statement (the "Proffer Statement"), dated August 23, 2023, for the proposed rezoning of the Subject Parcel, comprised of 71.85± acres, from the RA (Rural Areas) District and the M1 (Light Industrial) District to the M1 (Light Industrial) District, in the Back Creek Magisterial District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Scope of rezoning — I have noted above that the rezoning is of the entirety of the Subject Property and not just the portion that is currently zoned RA. This is because, among other things, the rezoning appears to impact the entirety of the Subject Property, such as with respect to the proposed buffer area and with respect to the buffer between the current RA and M1 portions, provided for in the 2015 Proffer Statement. • Generalized Development Plan ("GDP") — Staff should be aware that, while the GDP depicts two structures of rather specific sizes on the portion of the Subject Property to be rezoned from RA to M1, the Proffer Statement does not contain any explicit limit on overall building square footage, nor does it limit placement of structures to only that portion of the Subject Property. In fact, the location of one of the buildings shown appears to encroach on a to be undisturbed wetlands area. • Proffer 2.1 — If the intent is to limit the number of entrances to two, then the Proffer should state that the Owner proffers to construct"not more than two" such entrances. Also, the GDP appears to show the approximate location of only one entrance and therefore may not be adequate as a planning tool with respect to the second entrance. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 i Rezoning Comments -All Frederick-Winchester Health Department Mail to. Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 201 (540) 722-3480 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick- Winchester Health Department with their review. Attach a copy of your Application form, location map,proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Winchester Gateway LLC Telephone: (540)665-0050 Mail ing Address: Go Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road and Middle Road Current zoning: RA/M1 Zoning requested: Mt Acreage: Frederick-Winchester Health Department's Comments: -- Health Dept. Signature K Date: Aii� 00 1`7�"1- Notice to Health Department-Please Return This Form to the Applicant 27 Rezoning Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn:Director of Engineering Attn: Director of Engineering 107 North Kent Street 107 North Kent Street Winchester,Virginia 22601 Suite 200 (540) 665-5643 Winchester,Virginia [Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Winchester Gateway LLC Telephone: (540)665-00-50 Mailing Address: do Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road and Middle Road Current zoning: RANI Zoning requested: M1 Acreage: 71.85 Department of Public Works Comments: Cdr K A +eftl ✓i I l rrgL S� �6it �.r Public Works Signature&Date: , if Za Z Notice to Dept. of Public Works- Please Return This Form to the Applicant 22 RECEIVED AW 24 2 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire &Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicants Name: Winchester Gateway LLC Telephone: (540)665-0050 Mailing Address: c/o Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road and Middle Road Current zoning: RAN' Zoning requested: M1 _ Acreage: 71.85 Fire Marshal's Comments: 577 ,r r yE U� Fire Marshal's Signature&Date: Notice to Fire Marshal-Please Return This Form to the Applicant 23 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Owner Winchester Gateway, LLC Winchester Gateway, LLC Apple Valley/Middle Road Winchester, Virginia 22602 Printed Date: 09/09/2023 Other: Thomas Moore -- �General Information Received Date: 08/24/2023 Occupancy Type: Review Begin Date: 09/09/2023 Property Use: Review End Date: 09/09/2023 Activity Number: 10810056 Hours: 0.5000 Review Cause: Application A Ego= Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick County Department of Parks&Recreation Mail to: Hand deliver to:, Frederick County Frederick County Department of Parks&Recreation Department of Parks&Recreation 107 North Kent Street County Administration Bldg.,2n'Floor Winchester,Virginia 22601 107 North Kent Street (540)665-5678 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Winchester Gateway LLC Telephone: (540)565-0050 Mailing Address: c/o Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road and Middle Road Current zoning: RAN' Zoning requested: M' Acreage: 71.85 Department of Parks &Recreation Comments: A Pks. &Rec. Signature&Datejark Notice to Department ofk&Recreation-Please Return This Form to the Applicant 24 Rezoning Comments Frederick Water �� Hand deliver to: Frederick Water Frederick Water Attn- Engineer Attn: Engineer P.O.Box 1877 315 Tasker Road Winchester,Virginia 22644 Stephens City,Virginia (544) 868-1461. Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a cgpy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Winchester Gateway LLC Telephone: (540)665-OM Mailing Address: do Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road and Middle Road Current zoning: RA/M1 _ Zoning requested: M1 _ _ -_ Acreage: 71.85 Frederick Water Comments: 5 f,E- L*-T '"F-ft aA rtGo 8 Z'1 Zo Z Frederick Water Signature& Date: 2p ZoZ3 Notice to Frederick Water-Please Wurnis Form to the Applicant 26 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.Frederickwater.corn August 29, 2023 Thomas Moore Lawson PO Box 2740 Winchester,VA 22604 RE: Rezoning Application Comment Winchester Gateway LLC Tax Map Numbers: 63-A-801 34.26 acres Dear Mr. Lawson: Thank you for the opportunity to offer review comments on the Winchester Gateway LLC rezoning application package, dated August 23, 2023, and received at Frederick Water on August 24, 2023. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcels are located within the Sewer and Water Service Area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement and proffers are silent on the projected quantities of water and sewer generation from the proposed land use, so Frederick Water is unable to confirm that adequate water and wastewater treatment capacities are available to meet the project's needs. Connection to the water service is available via an existing 10-inch water main located adjacent to Apple Valley Road. Sanitary sewer service is available via existing 6- and 12-inch force mains located adjacent to Apple Valley Road. Once the uses on the property are determined and sewer generation is projected, it will be determined which force main is appropriate for use. Frederick Water has multiple significantly sized water mains and sewer force mains on the property and paralleling Apple Valley Road. Each main is supplemented with numerous gate Water At Your Service Page 2 Winchester Gateway LLC rezoning application Thomas Moore Lawson August 29,2023 valves, air release valves, and blow-off hydrants that must be avoided and protected during site construction. It is important to note that the hydrants on the 20-inch water main are under extremely high pressure and are to be operated only by Frederick Water staff. This infrastructure is captured in easements which total over 60 feet in width. There is also a parallel 20-foot gas utility easement closer to Apple Valley Road. Extra caution and Frederick Water approval must be exercised before design and excavation occurs within 100 feet of Apple Valley Road. In recognition of the extensive easements parallel to Apple Valley Road, we appreciate and support the application's proffered 200-foot green space buffer atop these utility easements. The application proffers two entrances onto Apple Valley Road. Both entrances will cross water and sanitary sewer force mains and will require appropriate designs which include casings to protect the underground infrastructure during construction and perpetually with the new entrance roads atop. It is noted that the applicant's proffer referenced General Development Plan (GDP) only depicts a single entrance to the site. Please clarify the second entrance location on the GDP. It is worth noting that in 2019, a large wetland pond existed on the property's quadrant close to the intersection of Middle Road and Apple Valley Road, in the general vicinity of the GDP's designated parking area. Caution must be exercised during design and development of this area due to the potential wetland as well as existing water and sewer infrastructure. Aerial is attached for information. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Upgrades to the sanitary sewer system will be necessary for the project to connect and contribute to the system. This letter does not guarantee system capacities to accommodate your development proposal. Page 3 Winchester Gateway LLC rezoning application Thomas Moore Lawson August 29,2023 Thank you for the opportunity to offer review comments. Sincerely, 0 Eric R. Lawrence Executive Director Attachment: 2019 Aerial of a potential wetland area Cc: Winchester Gateway LLC, Property Owner Wyatt Pearson, Frederick County Planning Department via e-mail w I,♦ J i� i r LSI �3. •L-r I rj i 4 � From: Wayne Lee <I Sent: Friday, September 15P22OM2323k To: Thomas Moore Lawson, Esq. Cc: George Hummer, Shane Goodwin; Logan Sheppard; Calvin Davis;Tyler Klein Subject: Winchester Gateway LLC rezoning application Ty, Good afternoon. We have reviewed the Winchester Gateway LLC rezoning application submitted to us on August 28, 2023. We do not see any impacts to our schools, so we offer no comments. Thank you for the opportunity to comment. Wayne This e-mail message and any attachments are for the sole use of the intended recipient and may contain confidential or privileged information. Receipt by anyone other than the intended recipient(s) is not a waiver of any legal privilege or confidentiality protected under law. Any unauthorized review, use, disclosure or distribution is prohibited and may be a violation of law. If you are not the intended recipient or a person responsible for delivering this message to an intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message.All communications may also be subject to Virginia's Freedom of Information Act. 1 r Rezoning Comments City of Winchester s Mail to: Hand deliver to: Winchester City Planning Department Winchester City Planning Department Attn: Planning Director Attn: Planning Director 15 North Cameron Street Rouss City Hall Winchester,Virginia 22601 15 North Cameron Street (540) 667-1815 Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis,and any other pertinent information. Applicant's Name: Winchester Gateway t.t.c Telephone: (540)sss-0050 Mailing Address: do Thomas Moore Lawson,P.C. P.O.Box 2740 Winchester,VA 22604 Location of property: the property is located at the intersection of Apple Valley Road_ and Middle road Current zoning: RAlM1 Zoning requested: M?. _ Acreage: 71.85 City of Winchester's Comments: JPA D wl frt City of Winchester's; Signature&Date:' �� �D Notice to City of -hestej-Please Return This Form to the Applicant 30 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 September 20, 2023 Marisa Whitacre Greenway Engineering 151 Windy Hill Lane Winchester,VA 22602 RE: Request for Historic Resources Advisory Board (HRAB)Comments Winchester Gateway Rezoning Application Property Identification Number(PIN):63-A-801 Magisterial District: Back Creek Dear Ms. Whitacre: The Historic Resources Advisory Board (HRAB)considered the above referenced rezoning application during their September 19,2023 meeting.The rezoning application is for+/-34.26 acres of a+/-71.85 acre parcel(Property Identification Number 63-A-801)from the RA(Rural Areas)Zoning District to the M1 (Light Industrial) Zoning District with proffers. The property is located near the intersection of Apple Valley Road (Route 652)and Middle Road (Route 628) in the Back Creek Magisterial District. Following their review of this application, the HRAB recommended approval of the application and recommended the applicants proffer a height restriction for new buildings not to exceed the height of existing structures on adjoining M1 (Light Industrial) zoned parcels. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, EVENEWEM Kayla Peloquin, Planner Planning& Development KLP/pd cc: Gary Crawford, HRAB Chairman 107 North Kent Street, Shite 202 • Winchester,Virginia 22601-5000 To be completed by Planning Staff.. Fee Amount Paid $ t 2 Zoning Amendment Number V V(* 3 Anticipated PC Hearing Date r 2N _ Date Received _ Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING&DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Winchester Gateway LLC Specific Contact Person if Other than Above: Darius E. Saeidi, Manager Address: 15 S. King Street, Leesburg, VA 20175 Telephone: Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party(such as a contract purchaser)(please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm,engineering firm,or other person,if any,serving as the primary contact person for this application: Firm Name: Thomas Moore Lawson, P.C. Specific Contact Person at Firm: Thomas Moore Lawson, Esquire Address: P.O. Box 2740, Winchester, VA 22604 Telephone: (540) 665-0050 Email: t Please note that, if a law firm, engineering firm, or other person,other than the owner of the property,will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning,the owner will need to execute a power of attorney form granting the firm or person such authority. 4. Project Name(if any): Winchester Gateway 5. Property Irnformation: a. Property Identification Number(s): 63-A-801 b. Total acreage of the parcel(s): 71.85 c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned): 34.26 acres d. Current zoning designation(s)and acreage(s) in each designation: RA(34.26 acres) and M1 (37.59 acres) e. Proposed zoning designation(s)and acreage(s) in each designation: M1 (34.26 acres) f. Magisterial District(s): Back Creek g. Location-the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection,using road names and route numbers): the property is located at the intersection of Apple Valley Road and Middle Road and is bounded by Route 37 on the west h. Adjoining Properties: Parcel ID Number Use Zoninr� see attached Please attach additional page(s) if necessary. Property identification numbers, magisterial districts,and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue,Real Estate Division, 107 North Kent Street, Winchester,VA 22601. 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders, officers, and directors,and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in,or who is an officer or director of,any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. see attached Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ✓❑ Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement Q Proffer Statement(if any) Agency Comments Fee ❑� Copies of Deed(s)to Property(ies) ❑� Tax Payment Verification Digital copies(pdf s)of all submitted items 8. Signature(s): I (we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (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. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. WINCHESTER GATEWAY LLC By: Winc t r Advisors LLC M er Owner: Date /Z- Z If signing on behalf of an entity, please state name of entity and your title: By: Darius E. Saeidi,Manager of Winchester Advisors LLC Owner: Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity,please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Supplemental Sheet to Rezoning Application 5. h. Adjoining Properties Parcel ID Number Use Zoning 63-A-58C Distribution facility M1 63-A-58D Distribution facility M1 62-A-80 Vacant RA 62-A-77A; 62-1-A Residential RA 62-1-B; 32-1-B 1 Residential RA 62-A-75 Residential RA 63-A-14 Church RA 63-A-16 Residential RA 63-A-15C; 63-A-15A Residential RA 63-Aw1-1 Residential RP 63-A-1-3 Residential RP 63-A-1-5 Residential RP 63-A-1-7 Residential RP 63-A-1-9 Residential RP 63-A-1-11 Residential RP 63-A-1-13 Residential RP 63-A-1-15 Residential RP 63-A-1-17 Residential RP 63-A-17A• 63-A-17B Battlefield/Historic Site RA 63-A-1-19 Residential RP 63-A-1-21 Residential RP 63-A-1-23 ResidentialRP 63-A-1-25 Residential RP. . 63-A-1-27 Residential RP 63-A-1-29 Residential RP 63-A-1-31. 63-A-1-33 Residential RP 63-A-18A Battlefield/Historic Site RA 6. Disclosure of real parties in interest. Winchester Advisors LLC,Manager of Winchester Gateway LLC 15 S. King Street Leesburg, VA 20175 Linga Kumar Vinuthna P. Sirivella Uday Yallapragada 20423 Bowfonds Street 22847 Angelique Drive 25871 Sarazen Drive Ashburn,VA 20147 Brambleton, VA 20148 Chantilly,VA 20152 Hari Madamalla Naveen Ranga Ashwini Alladi 42615 Suny Bay Court 22313 Seabring Terrace 23031 Sullivan Cove Square Chantilly,VA 20152 Ashburn, VA 20148 Brambleton, VA 20148 Arun Thatigutla Karthik Wuppugundur Keerthi Wuppugundur 42510 Cameron Parish Drive 25035 Great Berkhamsted 42663 New Dawn Terrace Ashburn, VA 20148 Drive Brambleton, VA 20148 Aldie, VA 20105 Naveen Adarapu Sethuraman Aramathi Swathi Chikoti 2531 Blue Ridge Drive 22839 Angelique Drive 23512 Epperson Square Tallahassee, FL 32311 Brambleton, VA 20148 Brambleton, VA 20148 Vikram Thummala Vinod Palle Shashidhar Kondra 42955 Chancery Terrace 2522 Logan Wood Drive 25059 Great Berkhamstead Ashburn, VA 20148 Herndon, VA 20171 Drive Aldie, VA 20105 Sasi Rekha Maram Divyathej Sasank Reddy 22851 Angelique Drive 24339 White Elm Place 3569 Lovage Drive Brambleton, VA 20148 Aldie, VA 20105 Apex,NC 27502 Ravi Addala Roopesh Yama Barath Pidapa 1823 N. Burning Tree Circle 4127 Mount Bandon Drive 10847 Rolling Moss Road Wichita, KS 67230 Land O Lakes, FL 34638 Tampa,FL 33647 Sreedhar Nadikattu Purushotham Reddy Vineeth Loka 5095 Portchester Drive Bheemreddy 7298 Bluestem Court Whitestown, IN 46075 4104 Berry Ridge Lane Wesley Chapel, FL 33545 Frisco,TX 75034 Darius Saeidi Fabian Saeidi Sujith Maram 15 S. King Street 15 S. King Street 3378 Juniper Springs Street Leesburg, VA 20175 Leesburg, VA 20175 Wesley Chapel, FL 33543 Adjoining Property Owners Property Identification Number Property Owner and Address 63-A-58C Blackburn Commerce Center I, LC 1057 Martinsburg Pike Winchester VA 22603 63-A-58D Blackburn Commerce Center I1, LC 1057 Martinsburg Pike Winchester VA 22603 62-A-80 Blackburn Limited Partnership c/o Barbara B. Sites 458 Devon Drive _.. _ Warrenton VA 20186 62-A-77A; 62-1-A Richard A. Fletcher 3323 Middle Road _ Winchester, VA 22602 62-1-B; 32-1-B1 Everett and Luz Fletcher 3322 Middle Road _ Winchester VA 22602 62-A-75 Roy and Betty Jean Wilkins,Trustees 3210 Middle Road _ Winchester VA 22602 63-A-14 Fellowship Bible Church 3217 Middle Road Winchester, VA 22602 63-A-16 Anna F. Bradford 652 Apple Valley Road Winchester VA 22602 63-A-15C; 63-A-15A; 63-A-1-1 Ronald and Patricia Fox 632 Apple Valley Road Winchester VA 22602 63-A-l-3 Samuel and Robin Jones 602 Apple Valley Road _ Winchester VA 22602 63-A-1-5 v Mark C. Kline 592 Apple Valley Road Winchester, VA 22602 63-A-1-7 James and Bonnie Hunter 582 Apple Valley Road Winchester VA 22602 63-A-1-9 Jennifer Lynn Good 572 Apple Valley Road Winchester VA 22602 63-A-1-1 I James and Deborah Turner 564 Apple Valley Road Winchester VA 22602 63-A-1-13 Larry O. Phillips,Jr. 554 Apple Valley Road Winchester, VA 22602 63-A-1-15 Andrade Hipolito Garcia 544 Apple Valley Road Winchester VA 22602 63-A-1-17 Russell and Robin Creswell 536 Apple Valley Road Winchester VA 22602 63-A-17A; 63-A-17B Civil War Preservation Trust 1156 T Street,NW Suite 900 Washington, DC 20009 63-A-1-19 Apple Valley LLC 478 E. Washington Street Strasburg, VA 22657 63-A-1-21 Carole Martinez Ann Davis 35 Ormskirk Avenue 913 Toronto, ON M6S 1 A8 _ Canada 63-A-1-23 Barbara A. Hostler 502 Apple Valley Road _ Winchester VA 22602 63-A-1-25 Richard and Christine Whitacre 492 Apple Valley Road Winchester VA 22602 63-A-1-27 Jennings Rhodes Marston 108 Forest Ridge Road Winchester, VA 22602 63-A-1-29 Betty A.Nicholson 472 Apple Valley Road Winchester, VA 22602 I 63-A-1-31; 63-A-1-33 Anton and Patricia Welzel 452 Apple Valley Road Winchester VA 22602 63-A-18A Kemstown Battlefield Association, Inc. P.O. Box 1327 Winchester VA 22604 c� o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us Department of Planning& Development,County of Frederick,Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Winchester Gateway LLC Name of Property Owner/Applicant Please nate: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed 15 S.King Street,Leesburg,VA 20175 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 63-A-801 do hereby make,constitute,and appoint: Thomas Moore Lawson Name of Attorney-In-Fact P.O.Box 2740,Winchester,VA 22604 (540)665-0050 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my Dame,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: �✓ Rezoning Subdivision Conditional Use Permit Site Plan ❑ Master Development Plan(prelim.or final) F1 Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority too er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise resci or modify it. , Signature Title(ifs tng on behalfof )Darius E. Saeidi, Manager of Winchester Advisors LLC, Manager State of County/City of� To wit: IQ a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the s "Public in the jurisdiction aforesaid this ` a day of M 20L3 My Commission Expires: 1 Z Betsy Bennett Registration Number: -7 I $ CI NOTARY PUBLIC Commonwealth of Virginia Reg.r 7188295 Com.Exp.Dec.31.2025 - 230001203 U � C1) C - ' 06 N THIS DEED, made and dated this day of February 2023, by and between > BLACKBURN FARM, LLC, a Virginia limited liability company (formerly known as 0 a)0 Blackburn Limited Partnership), hereinafter called the Grantor; and WINCHESTER C3 GATEWAY LLC, a Virginia limited liability company, hereinafter called the Grantee. a WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other N valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of title unto the Grantee, in fee simple, together with all rights, rights of way,privileges and appurtenances thereunto belonging, the following property: a� -0 4 LO U) All that parcel of land containing 71.849 acres, more or less, according 4J r-- co a) 1-1 <� to that certain Deed of Dedication and Deed of Boundary Line Adjustment u N dated May 15, 2015 and recorded in Instrument No. 150004355 and as further in j o shown on a plat entitled "Boundary Line Adjustment Between The Lands of Z31 o Graystone Corporation of Virginia and Blackburn Limited Partnership, Back 0)o F-1 Creek Magisterial District, Frederick County, Virginia"dated May 13, 2015, x � �co prepared by Marsh& Legge Land Surveyors, P.L.C., attached to the dedication U) A o ::r, aforesaid, in the Office of the Clerk of the Circuit Court of Frederick County, IS, ani N m Virginia. AND BEING a portion of the same property conveyed to Blackburn Limited Partnership by deed dated December 15, 1993 and recorded in Deed u o Book 812 at Page 70. The said Blackburn Limited Partnership converted to -0 4J o Blackburn Farm, LLC as evidenced by a Certificate of Fact attached to and rd z recorded as Instrument No. 150004355. a� W a -I Reference is hereby made to the aforesaid instruments and the attachments thereto and ( r. x �4 o ro v N the references therein contained, for a more particular description of the property hereby conveyed. GREGORY F. 1 HUTCHINSON ATTORNEYAT LAW 1249.BRAOOOCK ST. WINCHESTER,VA 2HSC1 Retum to Independence Titl PETE M.LD. .M This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: BLACKBURN FARM, LLC, a Virginia Iimited liability company (SEAL) B ger STATE OF VIRGINIA, CITY of WINCHESTER,to-wit. `� 1 '1" The foregoing instrument was acknowledged before me in my City and State this day of February 2023, by BARBARA B. LEWIS, Manager of Blackburn Farm, LLC, a Virginia limited liability company. My Commission Expires: ; Jv I Deed prepared by Gregory F. Hutchinson MARY M ^- MARY M.��g-�,�RMAN VSB #15480 tLoTA,RYPUBLIC 124 South Braddock Street Ric.#z7lati.s Winchester, VA 22601 coMMouw��TM o�d�RL3 2 N{y COMMISSION EXPIRES APRIL30.2WA Title insurer: Old Republic National Title Ins. Co. INSTRUMENT 230001203 - -- RECORDED IN THE CLERK'S OFFICE OF GRIMMORYF. 2 FREDERICK CIRCUIT COURT ON HUTCHINSON FEBRUARY 15, 202.:1 AT 01:36 PH ATS.BRAODOCK $2874.00 GRANTOR TAX WAS PAID AS 124 B,SRAOCCCK ST. 10MNCHESTERVA22S01 REQUIRED BY SEC 50.1-802 OF THE.VA. CO DE STATE: $1437.00 LOCAL: $1437.00 REBECCA P. HOGANq CLERK RECORDED BY: HEM Frederick Home Frederick County Virginia LIFE ar 7-HE rop Pay/Lookup Taxes Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Pay FOIA Charges Other Payments ShoppingCart(0) Pin Options Change Email Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket# RE2023/33140002 Frequency 2 Supplement# 0 Name WINCHESTER GATEWAY LLC Map# 63 A 801 Account# 8034928 Name 2 Bill Date 04/15/2023 Acreage 71.850 Address 15 S KING ST Due Date 12/05/2023 Improvements $0.00 LEESBURG VA Desc 71.85 ACRES Land Value $2,297,300.00 Land Use $55,400.00 Zip 20175 2903 Minerals $0.00 Penalty Paid $0.00 Interest Paid $0.00 Last Transaction Date 11/03/2023 Current Payment Status I Original Bill Payments Principal Balance Due Penalty Interest Balance Due $141.27 ($141.27) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/15/2023 Charge 0 S141.27 $141.27 11/3/2023 Principal Paid 725 (S141.27) $0.00 Previous