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Home My WebLink About09-12 CommentsFrom: Funkhouser, Rhonda (VDOT) [mailto: Rhonda .Funkhouser @VDOT.Virginia.gov] On Behalf Of "Smith,, Matthew, P E.,(V,DOT) Sent: Thursday, September 27, 2012 10:28 AM To: TimStowe @StoweCompanies.com Cc: Smith, Matthew; P.E. (VD.OT); Bishop, John. (VDOT) Subject: FW: Clearbrook Commercial Center /Vahidi Property - Land Track #34-11-20120917 - 4374 - 2nd Submission Tim, Please see District Planning comments and approval, below. Thanks, Matt From: Short, Terry (VDOT)- Sent: Thursday, September 27, 2012 9:53 AM To: Smith Matthew; P.E. (VDOT) Ingram, Lloyd (VDOy Subject: Clearbrook Commercial Center Vahidi Property Land Track #34 -11- 20120917 -4374 - 2nd Submission Gentlemen District Planning has completed our review of the subject TIA (2 d submittal dated. 9/17/12), _and finds that our previous comments have been adequately addressed. Should you have any questions, please feel free to give me a call. Thanks. Terry Terry R. Short, Jr. I District Planning Manager VDOT - Staunton District 811 Commerce Road Staunton, VA 24401 -9029 voice: 540 %332 -9057 fax: 540/332-2262 cell: 540/430 -0912 e -mail: terry. short) RCabvdot.virginia.gov Please consider the environment before printing this email Rezoning:. RZ 4"42 Property: Area: 14.53 acres Tax Parcel 33- (A) -124A Record Owner: Mohebatul.la.h Vahidi Project Name: Clear Brook Retail'Center Original Date of Proffers: April 24, 2012 Revised Date Proffers: October 23, 2012 Magisterial District: Stonewall Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-12 for rezoning of "14.5`3 -acres from the RA District to General Business (B -2) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are, approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn, and.have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Property is more particularly described as the land conveyed to Mohebatullah - Vahidi from Akhter Sayef and Gous Ahmed as recorded in the Frederick County Circuit Court Clerk's Office as instrument #05-0012825. dated June 15, 20Q5. . 1. .r k YYy �Y� i �, 1.. ... �Y �t red Ay �{4rY..1rl�j�iiT �Q q{yl$ ,mr•se, �t .,. �f`'':!, 1 �y. ),�4 nkF �.[�•�y.6�1'�6:��'4 ;,Tbr �`n4 if ,� }•, V t F 4} � Z N .'... - K'i kt h l ..., �..,. M- $ r. 4. . . �. y� S d 64t P Y} UnS X�1 �I�F Ill fRdl , 1w'R� 6t�' ,,F �o {§ x4'+r`.�t °", �tusl �in l,'i� yi lt;.r.:fL.:'�`• .�F,)%. yS 4k - ii l{.` �'it�h1 (!+" k`�i4• 'F - '�Rv� vy Y,y `k,�h., .Ir;y!,�L i }. ai .; 4��', g�- )5"yky�rt t�}'�$, J..'gY }0.k7;;l Lf }1:... ^'d,rG [a . ppTy' 7.. ,1e \f {.- .t:rr.W� +{l .:'?° C L �t S L } �,,v�tss; xth ''. ,}.. 7 &F �, x n �1,- r a.• x.4 y�SS x� a a� s,/t 1�:�y'�"y. I� ^•' 1� QY �.Nl�"n'^.. �1 fl {�'/ft`Y s •,A.,. ,- �! ,� ... 1, s _"�'" "�`,s "n i- - �.��'!11•,'^�n, Control number . ,/ .�k -� � .�.�k'. lsti.v'�X.�,� �I��Fy��s�A�l., '�'t��S ��tY�"Ar�ak�Ci ..Y4F,�•'� ?. ;'S•i! 'S'. ft." tll}a t�. $ ��i'yp ,{9� yam+ �2C '�b 4LUPt�y. dfl #k'fl.rytl� :.4f f'�'4J?.•'AYi KAp4�.OL�n \,�9rn•D, }�'S81r0�1 �7 'if�'M'di!'A �, 14}{ � � �•Y 7 ly)! l\ � Kh 5i V{ k ��1 Y% 4 �;°��! ,0`�1,.,� i yitp� i "i r, `G�'N• }y,� �a`w7 e�'t \r ' 1� l ® ,�a s 4. . r; ..i�p-0wl }ci ;e K.f+i'�r� €r.L -`5 '( $ rw s. ��.� i1�!��/ �1�� 1✓Q�i1L�P✓� )� zy^.4 0 �'V ,. BSI' "1 -Tf.i4 fF�1 k-c k 4 07; F f 4! wrt` �'S f M f �V �i2•l' h Yy, (� ki tpl I �F� \ }1+. F' kX1Y Yk /1,'MNyy}@,�4. a .z r .:. -I � a r .- � '� s t >�� r ,.?.' ,��, .,? ta, h's ; L� � r Y � � t � � ;k`y ,. r�Ss „� t a ,�,- .. _ _i� ° „'.�,,:s rn u'�.. tS %�tR :�'.b -a. ..7e. -i', Date received Date reviewed Date Revised Rz 12 - 0 001 5/15/2012 6/15/2012 Project Name Applicant Clar Brook Retail Center Greywolfe Inc. Address City State Zip Applicant Phone 1073 Redbud'Rd. Winchester VA 22603 540- 667 -2001 Type • Application Tax'ID Number Fire District Rescue District Rezoning 33- A -124A 13 13 Current Zoning Election District RA Recommendations Stonewall Automatic Sprinkler System Automatic Fire. Alarm System Residential Sprinkler System, Yes Yes No Other recommendation Requirements. Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Inadequate Yes Siamese Location Roadway /Aisleway Width Special.Hazards No Emergency Vehicle Access, Comments Access Comments Additional Comments Ree zonin,.7 A(Jp(l ved Plan Approval Recommended Reviewed By • Signature Yes S. Mark Showers Title ' ezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Ma ' ederick County Fire & Rescue Dept. 1800 Coverstone Drive 0 ttn: Fire Marshal Winchester, Virginia 2260 51' blic .Safety Building (54.0) 665 -6350 M °AY 'I 5 2012 1800 Coverstone Drive Winchester, Virginia 4pplicant: Please fill out the:in ormation as accurately as possible in order to assist the Frederick Count, "ire Marshal with,his review:. Attach, a copy of your application form,JoCation map, proffer statement m.pact. analysis, - and -any. other pe,,t vent- icfor-iriation. Applicant's Name: GreyWolfe, Inc. - Gary R. Oates, LS =B, PE Telephone: 540 - 667 -2001' Mailing Address: 1'073 Redbud Road, Winchester, Virginia; 22603 Winchester,. Virginia 22603 Location of property: West;side of Route 11, 700' South of Cedar Hill. Road (Rt 671 Project Name:, Clear Brook Retail Center Current zoning:. Zoning, requested- :; B -2 Acreage; 14.53 Fire Marshal's Comments': VE FIREVARRSHAL FAE ®E'RICK COMY �. Fire Marshal's Signature &Date: ��-- Notice to Fire Marshal - Please Return This Form to the Applicant R`eroning +Comments Frederick Counter Department of Public Works Mail to: Hand deliver -to: FrederiCl: County Dept. of Public `Works Frederick Comity Dept. of Public Works Attn. Director of Engineering Attn. Director of Engineering 1'07 North Kent Street County Administration Bldg. Suite 202 Winchester Virginia 22601 107 North Kent Street (540) 665 =5643) � Winchester Virginia Applicant: Please fill out the information as accurateiv as possible in order to assist the 'Department 'of Public Works With their review Attach a copy of vriur application form, location, map, proffer statement, unpact analysis, and. any -other pertinent inf6rmati6n', Applicant's Name. GreyWolfe, Inc. Gary R Oates, LS -l3, PE Telephone. 540 -667 2001' Marling, Address.: 1073: Redbud Road, Winchester Virginia 22603 Location; of property West side of Route 11 700' South of Cedar Hill Road (Rt 671.) Project Name: Clear Brook Retail Center Current zoning. RA Zoning requested: B -2 RECEIVED MAY 1 6 2012 "ZI i- rederick County Public Works & Inspections Acreage: 14.53 Department of Public Work's Comments.,:,,, h Uh Ad C o wl MU&_�4 Public Works Signature & Date Notice to Dept. of Public Works dlease Return This Form to the Applicant Rezoning Comments Frederick - Winchester Service Authority • Mail to: Hand deliver to: Fred -Winc Service Authority Fred -Wine Service Authority_ Attn: Jesse 'W. Moffett; Executive Director Attn: Jesse, W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722 -3579 Applicant: Please till out the information as accurately as possible in order to assist the Fred'- Winc'Service Authority with their review. Attach a.copy of your application form, location map, proffer statement, impact analysis, and any other pertinent'i'nformation. Applicants Name: GreyWolfe, Inc_ - Gary R. Oates, LS -B, PE Telephone: 540 - 667 -2001 Mailing Address: 1073'Redbud Road, Winchester, Virginia, 22603 'Winchester, Virginia 22603 .Location of property: West side of Route 11, 700' South of Cedar Hill Road (Rt'671). Project Name: Clear Brook:Retail Center Current zoning: RA Zoning requested: B -2 Acreage: 14.53 Fred-Wine Service Autho.rity's.Comments: na Cowl�t�l�'y Fred -Winc Service Aut ri Signature ,& Date: Notice to Fred-Wine Service Authority - Please Return. Form to Applicant r Rezoning Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority Frederick County Sanitation Authority Attn: Engineer Attn: En ginee:r = . P.Q. Box; 1'87-7 15 Tasker Road Winchester, Virginia 22604 Stephens Cite;, Vir"inia (540) 868_10.61 Applicant: Please fill out-the information as aecuratefy as possible in order to assist the'Sanitation Auihority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Appl'icant's Name; GreyWolfe, Inc. - Gary R. Oates, LS -B, PE Telephone: 540- 667 -2001 ,Mailing Address: 1073 Redbud Road, Winchester, Virginia; 22603 Winchester, Virginia 22603? Location of property: West side of Route 11, 700' South of Cedar Hill Road (Rt 671) Project Name: ClearBrook Retail Center Current zoning: RA _ Zoning requested: B-2 Acreage: 14.53 Sanitation Authority Comments: Sanitation Authority Signature & Date: Notice to Sanitation Authority - Please Return This Form to the Applicant ? r f�'r >�dlZ E' ! 1afD44 x to t', [" 1 >.;ti., tirrr;rritiaat �! b� 6 y'� .`i:I'i 1 ik.ti•. ^i'i.` —( Jtrti;•T?JearD i?dS _ 7 °t i x 1,� t -. " f.: ,'r.I CIO f May 22, 20:12 `Mr, Gary R. Oates GreyWolfe, Inc, 1073',Redbud Road Winchester, Virginia,22603 i � Ref.: Rezoning Comments Clear Brook; Retail Center Tax Map # 33 -(A) -125 Dear Mr. Oates: i1`dsitPr� ;tti. 1'r0 � daWo. Per your request, a review of the proposed rezoning has been performed. The - Frederick County Sanitation Authority offers comments limited to the anticipated 'impact/effect upon the Authority's public water and sanitary sewer, system and the demands thereon. The parcel is in the water and sanitary sewer area served by-the Authority. Based onahe anticipated usage, water capacity is presently available.. Sanitary sewer treatment capacity at the waste watertreatment plant is presently available. Conveyance capacity will be contingent on the applicant performing: a technical analysis of the existing force main. Both, water and sanitary sewer ,facilities are located within a reasonable distance from this site. Please be aware that the Authority does not review or comment upon proffers and/or conditions proposed or submitted by the: applicant-.in support of;ouin conjunction with this'application for•rezoning, nor does the Authority assume or undertake any responsibility to review or comment upon any amended proffers;and/or conditions which the Applicant may hereafter provide to Frederick County. Thank you; Uwe E: Weindel, -PE Engineer- Director NV Al Z A N I J k 11 4:'WV1, i ( 1'1. Rezoning Comments Frederick- Winchester Health Department y,.S, S.1 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 -31480 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health. Department with their reyiew. Attach a copy of your application form, loeation,m_ap, proffer statement, impact analysis,,and any other Applicant's Name` GreyWolfe, Inc. - Gary R. Oates, LS -B,, PE Telephone:: 540- 667 -2001 Mailing Address: 1,073 Redbid Road, Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: West side of Route 11, 700' South of Cedar Hill Road (Rt 671) Project Name: Clear Brook Retail Center Current zoning: RA Zoning requested: B -2 Frederick- Winchester Health Department's Comments: U - Health Dept. Signature & Date: &t S I) 2 Notice to Health Department Please Return, This Form to the Applicant Rezoning Comments Frederick; County Department of Parks': & Recreation Mail :to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 2260.1 (540) 665 -5678 Hand deliver to: Frederick County Departirient of Parks & Recreation County Administration Bldg.,_ 2nd,Floor 107 North Kent Street Winchester, Virginia Applicant Please fill out theinformation 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 analy'siis , and any other pertinerit'information. Applicants Name: GreyWolfe, Inc. - Gary R. Oates, LS -B, PE Telephone: 540 - 667 -2001 Mailing Address: 1073 Redbud Road, Winchester, Virginia, 22603 1Nincl ester, Virginia 22603 Location of property: West:side of Route 11, 700' South of Cedar Hill Road (Rt 671) Project Name: Clear Brook Retail Center Current zoning: RA Zoning, requested: B -2 Acreage: 14.53 Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department of Parks & Recreation - Please Return This Form to the Applicant 23 Rezoning Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn-.- Executive Director Attn: Executive Director 491 Airport Road 4.91 Airport Road Winchester, Virginia 22602 (Rt. 645„ off of Rt. 522 South) (540) 662 -2422 Winchester, Virginia ------ _---- ...------ - - - - -- ---..._..______.._......___------------------------ ...__.__..--- -- - - - - -- --------------- - Applicant: Please fill out the information as accurately as' possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer - statement ,impact'analysis, and any other pertinent information: Applicant's Name.. Grey,Wolfe, Inc. - Gary R. Oates, L' S -B, P1 Telephone: 540-667- 2001 Mailing Address: 1073,Redbud Road, Winchester; Virginia, 22603. Winchester, Virginia 22603 Location ofproperty: West-side of Route 11., 700' South of Cedar Hill Road (Rt 671) Project Narne: Clear Brook Retail Center Current zoning: RA Zoning requested: B-2 Acreage: 14.53 Winchester Regional Airport's Comments: Winchester Regional A-- ort's Signature & Date: Notice to Winchester Regional Airport - Please Return. Form to Applicant A ftEG10/yq� 9, WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 SERVING THE' TOP of VIRGINIA (540) 662 -5786 May 24, 201.2 GreyWolfe, Incorporated Gary R. Oates, LS, PE 1073 Redbud Road' Winchester, Virginia 22603 Re: Rezoning Comment- RA-to B -2 Clear Brook Retail Center Stonewall Magisterial District Dear Mr. Oates: west, has been reviewed and it appears that it will not The proposed rezoning req , im act operations at the'Wmchester Regional Airport: P Thank you for the opportunity to review this request. Sincerely., S. R. Manuel Executive Director COUNTY of FREDERICK Department of Planning and Development 540/665 -5651. FAX: 5404665 -:6395 May, 17, 20'12 Mr. Gary Oates, LS -B, PE GreyWotfe; Inc,. 107' ) Redbud Road Winchester, Virginia 22603 RE: Request for Historic. Resources Advisory Board (HRAB) Comments Clearbrook Retail Center Rezoning; PIN # 33 -A -125 Dear Mr. Oates: Upon review of the proposed - rezoning, it appears that the proposal does not signif'cantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by lthe HRAB. According, to the Rural Landmarks Survey, there are . no significant. historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil' War Sites in the Shenandoah Valley does identify a core battlefield within this area. Thank you for the chance to comment on this .application. Please call' if ,you have any,, questions or concerns. Sincerely, Candice E. 'Perkins, AICP Senior Planner CEP/bad cc: Mohebaiullah Vahidi; 794 Center St., Herndon, VA `2;0170 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Rezoning Comments p -ZC Superintendent of Frederick County Public Schools �` Wi Mail to: Hand deliver'to: k Frederick County Public Schools Frederick County chools Attn: Superintendent Attn: Superintended j P.O. Box '1508 School Administra 'lding Winchester, Virginia 22604 1415 Arnherst.Stre t F�P� (540) 662-3888 Winchester, Virgi a ...... _ . --- -.... - -- — - .. - - - - - - -- -- - -- - - -- - -._ - - -- _. _.__ . Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application. form, ,location map, Proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc. - Gary R. Oates, LS -B, PE Telephone: 540- 667 -2001 Mailing Address: 1073 Redbud Road Winchester, Virginia, 22603 Winchester, Virginia 22603 Location of property: West side of Route 11, 700' South of Cedar Hill Road' (Rt 671) Project "Name: CI'ear Brook Retail, Center Current zoning: RA Zoning requested: BB_2 Acreage: 14:53 Superintendent of Public ;Schools' Comments:. �'s/2'•Y t C� � U i'U �► �J � 1 r � [f._a�i:e �� S �"�, � "`,� m�"t� 4' � Superintendent's Signature;& Date:. Notice to School Superintenden - Please Return This Form to the Applicant 24 4 Rezoning: RZ # 08 -12 Property: Area: 14.53 acres. Tax Parcel-33-(A)-124A :Record Owner: Mohebatullah Vahidi, . Owner• GreyWolfe, Inc. Gary R. Oates, LS -B, PE Project Name,:, Brook Retail Center - Original .Date of Proffers: APA124, .2012, ,Revised Date Proffers: September. 28,, 2012: = Magisterial District: Stonewall,,._ Pursuant to Section 15.2 -2296 Et. Seq. of ;the Code of Virginia; 1950'; as. amended and the rovisions of the Frederick Count Zonin Ordinance with res ect to p y g - p conditional zoning; the undersigned owner hereljy offer =the following proffers that in the: event the' Board of Supervisors- of Frederick' County, Virginia. shall approve Rezoning: Application #08 -12 for rezoning of 14.53 .acres from the RA District to General Business-,- (B -2) District, development of the subject property shall' be done in conformity with the " terms, and conditions set forthherein, except tothe extent that such terms and conditions May be ,subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code; and Zoning Ordinance: In the event that such rezoning is. not granted, then these proffers shall be deemed - withdrawn ; and have no "effect whatsoever. These P roffers shall be binding upon this owner, and their., legal' successors,:heirs, or assigns.; - The Property is more particularly described as the land conveyed to. Mohebatull'ah. Vahidi; fromAkhter Sayef,and Gous Ahmed as recorded in. the Frederick County Circuit Court.Clerk's O'ffice•as instrument #05001,2825 dated June.1.5, 2005- . - 1 Proffers: 1. Transportation a. Access 'i. Access to the Property from Martinsburg Pike (US Route 11) shall be limited to the inter - parcel connector as proffered in rezoning #01 -06 of the "Clear Brook Business Center ". The connector- will be built to VDOT standards, conform to the Frederick County Comprehensive Plan, and be dedicated to the County for public use: ii. The owner hereby proffers to enter into a signalization agreement with VDOT for a traffic light at the entrance of the "Clear Brook Business Center" and Route 11. The light will be installed at the expense of the _ owner at such time as VDOT determines it is necessary; however, no sooner than a Master Development Plan has been approved. 1. The Frederick County Comprehensive Plan indicates this intersection may become a round -about in the future. If the traffic fight has not been installed when sufficient right of way has been acquired by the County for-the round- about, then the owner will. apply $100,000 to the construction of the round- about in lieu of 'the traffic light. This $100,000 will be .given upon request of Frederick County however, no sooner, than receiving an occupancy permit for the first building constructed, on the Property. b. Turn Lane and Pedestrian,Access is The owner hereby proffers to construct a 12' lane onto Martinsburg Pike, Route 11, along the site road frontage. This +/ -237'' long lane will be built to VDOT standards. This will be built prior -to receiving any final occupancy permits on .site; ii The owner hereby proffers to construct a 10' paved hiker /bike trail along the Property's frontage of long Route 11 and along the proposed inter- parcel road. This will be built prior to receiving any final occupancy permits on. site. . c. Interparcel connections 'i. Upon construction of the inter- parcel. connector with "Clear Brook Business Center ", the owner will allow all adjoining properties an inter- parcel connection via private ingress - egress easements through driveways or travel aisles within parking areas. The easement ;locations Will be determined, subject to approval of the Frederick County Transportation Planner. This purpose of this proffer is to allow the adjoining properties the ability to rezone in the future and eliminate; their direct access to Route 11 and Cedar Hill road (Route 672) per the Frederick County Comprehensive Plan and VDOT Access: Management Standards. d. Right of Way and Easement Dedication i. The owner hereby proffers to dedicate to the Commonwealth of Virginia a strip of land twenty feet (20') in width along the entire frontage of the Property along the Martinsburg Pike (Route 11) Right of Way. This dedication will take place prior to any site plan approval or upon request of Frederick County. ii. The owner hereby proffers a 20' drainage, pedestrian, and utility easement along the. frontage of Martinsburg Pike, Route 11, to Frederick County. The owner will retain the right to place the proffered split rail fence (see item 6 -A) and monument sign (see item 6 -C) within_ this easement. This, dedication will take place prior to any site plan approval or upon request of Frederick County. e. Contributions for Road Improvements in recognition of off -site transportation impacts. The engineering services will begin prior to the approval. of first site plan or upon request by Frederick County; whichever comes first, and be .completed within 36 months. i. The owner hereby proffers to present the County with a Transportation Feasibility Study and Engineered Road Plans for the realignment of Brucetown and Hopewell Roads (Route 672) at Martinsburg Pike. The design will extend 300' south on Martinsburg Pike from the intersection with Hopewell Road, and be bounded by the Interstate Ramps to the west, Winchester and Western Railroad to the north and the Clear Brook Fire Station to the east, and is subject to approval by VDOT,. A diagram of this:, area for the intersection design is attached and labeled as exhibit "A "., 3 2.. Fire & Rescue — `Monetary Contributions a. The owner hereby proffers a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to each final, site plan approval. The term "building square foot" shall be the combined floor area for each story. 3. The owner hereby proffers that the Average Daily Trips shall not exceed 5,734 as presented in the accompanying Traffic Impact Analysis by Stowe Engineering, PLC. 4. The owner hereby proffers that the following uses shall be prohibited on the Property: a. "Truck Stops- Retail "' as defined in,SIC 5541. All other uses within SIC Code 5541 are acceptable when-all adjoining properties no longer are zoned RA. This does, not.app'ly to properties west of I -81 or east of Route ,11. b. Adult Retail 5. The owner -hereby proffers to install an additional row of evergreen trees for a total of four rows in all areas required to have a "full screen zoning buffer" per the Frederick County Zoning Ordinance at the time of site plan approvals. 6. Corridor. Enhancements to be completed by prior to the first occupancy permit. a. The owner will construct a.split rail fence along the road frontage of Route 11. b The owner will not allow any parking. spaces, or outdoor storage to be constructed within 50' of Route 11. Any required fire lanes within this area will be grass paved. c, The owner will require each building, facade along Route 11 to be, constructed' of wood, vinyl, glass, masonry, or stucco. However, metal siding will be allowed within the business park and on all sides not facing Route 1 L.. 7. The Generalized Development Plan by GreyWolfe, Inc.,, is attached to, and hereby made part of, this proffer statement. Some aspects of this plan to note are: a. The preservation of the neighboring drainfield easement surrounded by anon- disturbance buffer twenty feet wide. This buffer will remain in place until such time as an easement may be extinguished., b. The proposed road parallel to I -81 labeled Wes -Luke Drive shown on the GDP as depicted'by the 2030 Frederick County Comprehensive -Plan. - 4. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns; and successors in the -interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: Mohebatullah Vahidi Date Commonwealth of Virginia, City /County of . To Wit: The foregoing instrument was acknowledged before me this day of , 20 By Notary Public My Commission Expires 7'',TOOb =Stis (OPS) u760y0e(iOula IOM;(aUD o 10 T0077L99 (OPS). £0977 VA �aasayOUIM / ,o Peod P09Pa?1 £LOT ua�d .� ua cud %r� a p Pc94//e./c9,ua� � =N 6uiljnsuo� pule bulktlA nS pue� :Yul X1911 a aa4ua raga Woigaaa w Lij Q U C) V) I I I o I j I z' j I I i m I�- � I z I Q I E �'I I ,, hI 1I- ,i i � I f d F . I •I. I I I I I I II I I I I I I I I I Izl j jz� I I j i ICI I I. I•z .l O J. rw v v i 0 c ri ^u "J GREYWOLFE, INC. 1'073'REDBUD ROAD 0 WINCHESTER, VA 22603 (540) 667 -2001 o (540) 545 -4001 FAX':"' GREYWOLFEINC@AOL.COM Michael Ruddy, Deputy Planning Director ': October 1 -7. " 2012. 107 North. Kent Street Winchester, VA 22601 Subject: -Clear Brook Retail Center Mr. Ruddy,. Please accept this rezoning on:.behalf of Mohebatullah Vahidi for public hearing;; •. I have sent this rezoning and accompanying traffic impact analysis provided by Stowe Engineering to the review agencies'•an'd received the following,: - Winchester Regional Airport - No impact. • Frederick County Fire Marshal Recommend approval • Clear Brook Fire Chief - Recommend approval Historic Resources Advisory Board - No significant impact _ • Frederick County Health Department - 'No.objection if public water and sewer are provided and the sewage disposal system easements are protected by a 20' buffer. Frederick County Parks and Recreation - No comment t • Frederick County Public Schools - No' comment Frederick' - Winchester service Authority - No comment Frederick County Sanitation Authority - Water and Sewer issues to be further worked out at Master Development and Site Plan stages for connections .� and possible pressure pumps. Frederick County Public Works - Recommend approval. • Frederick' County Attorney - See attached comments and`'reply. • Frederick County Planning - See attached comments and reply • Virginia Department of Transportation - All comments have been addressed N and recommend approval'. .1 _ 1 Thank you, LO I Gary R Oates,ls -B, PE GreyW,olfe, Inc ,_0 _r� /