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07-05 Comments (2)
Jan•23. 2006 2 :40PM No•6611 P. 18i[u/ and information stored in a computer, and any other medium from which information may be obtained. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. Produce any and all rezoning applications filed in Frederick County, Virginia since January 1, 1999, which specifically sought to rezone any property for business and/or industrial use, whether such use was for MI, M2, B1, B2 or B3 use, under the Frederick County Zoning Code 2. Produce any and all "down- zoning" applications submitted in Frederick County, Virginia since January 1, 1999, specifically seeking to rezone any property from an authorized industrial use to a specific business use, whether 31, B2, or B3 uses, under the Frederick County Zoning Code. 3. Produce any and all transportation studies submitted in Frederick County, Virginia since January 1, 1999, as part of a rezoning application which specifically sought to rezone any property for business and/or industrial use, whether such use was for Ml, M2, B 1, B2 or B3 use, under the Frederick County Zoning Code. 4. Produce any and all written proffers submitted in Frederick County, Virginia since January 1, 1999, as part of a rezoning application which specifically sought to rezone any property for business and/or industrial use, whether such use was for Ml, M2, B 1, B2 or B3 use, under the Frederick County Zoning Code. 5. Produce any and all Board decisions rendered in Frederick County, Virginia since January 1, 1999, as part of or related to a rezoning application which specifically sought to rezone any property for business and/or industrial use, whether such use was for MI, M2, B 1, B2 or B3 use, under the Frederick County Zoning Code. 6. Produce the minutes of all Frederick County Planning Commission or Board of Supervisors meetings during which any aspect of any application for rezoning submitted by T. Pat Manning and Audrey A. Manning were discussed or in any manner a subject of action by one or more members of the said Planning Commission or Board of Supervisors. 3 Jan•23: 2006 2:41PM No•6611 N. 1 /[u 7. Produce any and all inter -office communications by any employee or agent of Frederick County, Virginia, whether electronic or otherwise, during which any aspect of any application for rezoning submitted by T. Pat Manning and Audrey A. Manning is discussed or in any manner identified as a subject of action by anyone including but not limited to any employee of Frederick County or one or more members of the said Planning Commission or Board of Supervisors. 8. Produce any and all communications between the Fredrick County administrator, John Riley and his staff that specifically or generally relate to any application for rezoning submitted by T. Pat Manning and Audrey A. Manning 9. Produce the entire county planning and zoning file specifically pertaining to T. Pat Manning and Audrey A. Manning's zoning application #07 -05. 10. Produce any and all documents employed or considered by members of the said Planning Commission, or other information considered, seen or reviewed by any member, prior to the decision to deny application #07 -05 for recommendation of approval by the Board of Supervisors 11. Produce any and all documents employed or considered by members of the Board of Supervisors, or other information considered, seen or reviewed by any member, prior to the decision to deny application #07 -05. 12. Produce any and all transportation studies employed by the Frederick County Planning,Commission and/or the Board of Supervisors in evaluating the Alban Tractor rezoning application. 13. Produce any and all comments, replies, input, data, analysis, reports, correspondence, or other documents created by or employed by the Virginia Department of Transportation regarding the Albin Tractor rezoning application. 14. Produce the entire county planning and zoning file specifically pertaining to the Flying J (Truck Stop) zoning application. 15. Produce the entire county planning and zoning file specifically pertaining to Rutherford Farm, L.L.0 zoning application. 16. Produce the entire county planning and zoning file specifically pertaining to North Stephenson, Inc. zoning application. Jan•23: 2006 2 :41PM 17. Produce the entire county planning and zoning file specifically pertaining to the expansion(s) of the State Line Exxon property. Mark E. Stivers, Esq. Counsel for the PIaintiff P.O. Box 1737 Winchester, Virginia 22604 Certificate I hereby certify that I have this 18 day of January, 2006, hand delivered Plaintiff's First Request For Production of Documents to the Law Offices of Robert Mitchell, Esquire, 9 East Boscawen Street, Winchester, VA, counsel for Defendant. 5 T. Pat Manning and Audrey A. Manning Mark E. Stivers, Esquire No•6871 P. 2U /2u Patton Harris Rust Associates, pc TRIP GENERATION erorandum To: Pat Manning Page 4 of 12 The proposed Arogas Property (9.44 acres) site, to include a Mr. Fuel Travel Center (12 gasoline pumps and 11 diesel pumps a convenience mart and a 1,500 square foot fast food restaurant), would be built -out in lieu of a by -right development allowed under current M -2 zoning Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR +A determined that the proposed development, as com.ared to an .ssumed b right development would result in a reduction of 1,694 AM peak hour trips, 9 2 PM pea our trips an. 13, daily trips. Table 1 is provided to show a comparison in trip generation between the proposed Arogas Property development and a potential by -right development. Table 1 Arogas Property Trip Generation Comparison "Proposed" versus "By- Right" Land Use AM Peak Hour PM Peak Hour In Out Total In Out Total ADT "Proposed" Development 933 Fast Food w /out DT 1,500 SF 39 26 66 20 19 39 1,074 945 Gas Sta w/ Mart 23 pumps 116 116 231 154 154 308 3,744 "Proposed "Total 155 142 297 174 173 347 4,818 "By- Right" Development 934 Fast Foodw /DT 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 "By- Right" Total 1,016 976 1,992 675 624 1,299 18,605 Differential ("Proposed" minus "By-Right") -861 -834 -1,694 -502 -450 -952 13,787 TRIP DISTRIBUTION AND TRIP ASSIGNMENTS The assumptions regarding the distribution of the Arogas Property trips remain consistent with those determined__for the May 12,_2004 report. PHR +A utilized the distribution percentages shown in 3 to to n Figure 3 assign the Arogas Property trips (Table 1) throughout the study area roadway network. Figure 4 shows corresponding development generated AM /PM peak hour trips and ADT assignments. Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc Memorand m Trip Distribution Percentages To: Pat Manning Page 5 of 12 Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc Memorandum To: Pat Manning Page 6 of 12 No Scale .'Average Daily:Trigs`,% AM Peak Hour(PM Peak Hour) P +A. Figure 4 Development- Generated Trip Assignments Engineers Surveyors Planners Landscape Architects 1 Patton Harris Rust Associates, pc Memorandum To: Pat Manning Page 7 of 12 2005 BUILD -OUT CONDITIONS Arogas Property assigned trips (Figure 4) were added to the 2005 background traffic volumes (Figure 1) to obtain 2005 build -out conditions. Figure 7 shows 2005 build -out ADT and AM /PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2005 build -out lane geometry and AM /PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Arogas Property development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2005 build -out conditions. Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc P r Figure 7 2010 "Five Years After" Build -out Traffic Conditions Memorandum To: Pat Manning Page 11 of 12 ?iverage Daily "Trips AM Peak Hour(PM Peak Hour) Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc Signalized Intersection LOS C(C) Unsignalized Intersection Signalized Intersection LOS C(C) a st "wc Roa (CM Airy FQ Signalize Intersection LOS B(B) 7 S(c) Woodbine Road No Scale SITE On l y Oo Inbo C ar s Only emorandum To: Pat Manning Page 12 of 12 AM Peak Hour (PM Peak Hour) Denotes Critical Unsignalized Movement Figure 8 "Five Years After" Build -out Lane Geometry and Levels of Service g Engineers Surveyors Planners Landscape Architects THE PLATTING OF THE RIGHT OF WAY SHOWN HEREON, ON THE PROPERTY OF MIDDLE RIDGE TRADITION STONE IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER. PROPRIETORS, AND TRUSTEES. OWNER DATE COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK. TO -WIT: I, A NOTARY= PUBUC OF SAID COUNTY, DO CERTIFY THAT WHOSE NAME IS SIGNED TO THE WRITING HERETO ANNEXED, BEARING DATE THE DAY OF 20_ HAS THIS DAY ACKNOWLEDGED THE SAME BEFORE ME IN MY SAID COUNTY. GIVEN UNDER MY HAND THIS DAY OF 20 MY COMMISSION EXPIRES: NOTARY PUBLIC APPROVAL VIRGINIA DEPARTMENT OF TRANSPORTATION DATE APPROVAL FREDERICK COUNTY SUBDMSION ADMINISTRATOR DATE CURRENT OWNERS: MIDDLE RIDGE TRADITIONAL STONE REF: INSTR. 030011520 THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE; THIS PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT DETERMINED DURING THIS SURVEY. THE EXACT. LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES WAS NOT ESTABLISHED DURING THIS SURVEY. VICINITY MAP 1' =2000' L I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN HEREON HAS BEEN COMPILED FROM EXISTING LAND RECORDS AND NOT ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY; SUPERVISION. APRIL 27, 2005 PLAT SHOWING PROPOSED RIGHT -OF -WAY ON THE PROPERTY OF MIDDLE RIDGE TRADITIONAL STONE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINIA DATE: APRIL 27, 2005 SCALE: 1" 200' r, I TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667 -9300 FAX (540) 667 -2260 07 -03 -0251 SHEET 1 OF 2 CURVE DELTA ANGLE ARC LENGTH RADIUS TANGENT CHORD DIRECTION CHORD LENGTH Cl 00' 48'00" 79.45 5689.53 39.72 N20'30'31 "E 79.44 C2 00'45'27" 75.05 5675.53 37.52 N20'31'47 "E 75.05 S75'03'11 "E 14.08' U.S. ROUTE 11 MARTINSBURG PIKE R/W VARIES C1 N86'36' 15 "W 14.62' PROPOSED 14' RIGHT -OF -WAY 0.0481 ACRES gems DELMAR B. JR. CYNTHIA K. LARRICK TM- 33A- ((A)) -33 D.B. 883, PG. 980 ZONED: RA USE: 2 MIDDLE RIDGE TRADITIONAL STONE INSTR. 030011520 ZONED: RA USE: 2 0.8055 ACRES 50 0 50 100 150 SCALE: 1 "1..50' S753'11"E 311.58' (TOTAL) S75'03'11 "E 297.50' H86' 36' 15 15"W 334.36 (TOTAL) 1 1 APRIL 27, 2005 GEORGE M. SEMPELES CAROL T. SEMPELES TM- 34- ((A)) -2 D.B. 909. PG. 1159 67.3143 ACRES 50.2033 ACRES PROPOSED M -1 GEORGE M. SEMPELES TM 34- ((A)) -4 D.B. 1 746, PG. 214 52:2286 ACRES 51.7156 ACRES PROPOSED M -1 PLAT SHOWING PROPOSED RIGHT -OF -WAY ON THE PROPERTY OF MIDDLE RIDGE TRADITIONAL STONE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY,1 VIRGINIA DATE: APRIL 27, 2005 SCALE' 1" 50' ESE TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667 -9300 FAX (540) 667 -2260 SHEET 2 OF 2 07 -03 -0251 Adjoining Properties to the Manning Property Exit 323 Whitehall Manning Site en.-- Duncan Run US Route 11 Interstate 61 0 125 250 1:3,600 1,000 1" 300' Feet Triad Engineering, Inc. www.triad' winc.com Locational Map Manning Property a nflibk Triad Engineering, Inc. www.triad- winc.com 0.2 0.1 0 0.2 SCALE 1:24,000 1 06 May 2005 0.4 0.6 Miles O 0 0 O 0 z n EU V 0 0 (D 0 o 0) 0 cr 5 r 03 N 0 0_0- 0 0 (D 0 73 0) m rn m C_ crec o fg CD OD r m 1 1 M CO CD N P 0 1 DJ a C ha up GS Virginia/West Virginia Line Current Land Use of Interchange 323 Whitehall Land Use 0 0.050.1 Commercial Industrial Residential Vacant Key Features Interstate 81 Duncan Run US Route 11 VA/WV Line SWSA Line Woodbine Road (Sec. Rt. 669) Rest Church Rd. (Sec. Rt. 669) Triad Engineering, Inc. www.triad winc.com SCALE 0.2 0.3 0.4 1:10,000 Miles 1" 1000' 06MAY05 0 d Nast Icier 4 tw a •O a ;:tip 000•oo• Future Zoning and Land Use Zoning B2 B3 RA 0 0.05 0.1 1:10,000 M1 M2 EM SCALE 0.2 Land the Il I�l w aie Triad Engineering, Inc. www.triad- winc.com 0.3 1" 1000' Residential Commercial Industrial Key Features Interstate 81 Duncan Run US Route 11 SWSA Line Woodbine Road (Sec. Rt. 669) Rest Church Rd. (Sec. Rt. 669) VA/WV Line 0.4 Miles DATE: 06MAY05 Current Zonin of the Mannin M -2 9.442 Acres RA 2.736 Acres Total Acreage 12.178 Duncan Run Exit 323 Whitehall r J RA Zoning 2.736 Acres SI Sijijks tt Woodbine Road VA Sec. Rt. 669 RA Zoning M -2 Zoning Duncan Run US Route 11 Interstate 81 0 125 250 1:3,600 Scale 500 750 1" 300' 1,000 Feet P ro IAD ert /AC ineering, Inc. Triad Eng www.triad winc.com Proposed Zoning of the Manning Property SITE B -3 Zoning with IA 12.178 Acres Ex it 323 7 Whitehall Interstate 81 j j j 11! itaHmi j Duncan Run Site Duncan Run 0 US Route 11 Interstate 81 125 250 1:3,600 SCALE 500 750 1,000 Feet In Triad Engineering, Inc 1" 300' www.triad winc.com I N D I A N A R E A D Y M I X E D C O N C R E T E A S S O C I A T I O N 117 1'[( C Qgi7 ill i)11 11 i t a. l 6 Fps? 50 1 1 7 Architects INDUSTRIAL CONCRETE PARKING LOT PAVING MR. FUEL #6 INDIANA READY MIXED CONCRETE ASSOCIATION Patton Harris Rust 8a Associates, pc TRIP GENERATION Memoran To: Pat Manning Page 4 of 12 The proposed Arogas Property (9.44 acres) site, to include a Mr. Fuel Travel Center (12 gasoline pumps and 11 diesel pumps a convenience mart and a 1,500 square foot fast food restaurant), would be built -out in lieu of a by -right development allowed under current M -2 zoning Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR +A determined that the proposed development, as com.ated to an ssumed b ri •ht development would result in a reduction of 1,694 AM peak hour taps, 9 2 PM pea. .our trips an. 13, daily trips. Table 1 is provided to show a comparison in trip generation between the proposed Arogas Property development and a potential by -right development. Table 1 Arogas Property Trip Generation Comparison "Proposed" versus "By- Right" AM Peak Hour In Out Total Land Use PM Peak Hour In Out Total ADT "Proposed" Development 933 Fast Food w /out DT 1,500 SF 39 26 66 20 19 39 1,074 945 (Gas Sta w/ Mart 23 pumps 116 116 231 154 154 308 3,744 "Proposed "Total 155 142 297 174 173 347 4,818 "By- Right" Development 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Foodw /DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 934 Fast Food w/ DT 7,500 SF 203 195 398 135 125 260 3,721 "By- Right" Total 1,016 976 1,992 675 624 1,299 18,605 Differential "Proposed" minus 'By- Right) -861 -834 -1,694 -502 -450 -952 13,787 TRIP DISTRIBUTION AND TRIP ASSIGNMENTS The assumptions regarding the distribution of the Arogas Propertytsipa_reman consistent with those determined_for,the May 12,_2004.teporrt. PHR +A utilized the distribution percentages shown in Figure 3 to assign the Arogas Pro.er tri.s able 1 throughout the study area roadway netwotk. Figure 4 shows corresponding development generated AM /PM peak hour trips and ADT assignments. Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc Trip Distribution Percentages Memorandum To: Pat Manning Page 5 of 12 Engineers Surveyors Planners Landscape Architects _i Patton Harris Rust Associates, pc PHIA [Figure 4 Development- Generated Trip Assignments Merorald °m Engineers Surveyors Planners Landscape Architects T o: Pat Manning Page 6 of 12 No Scale lverage D_ailyeT�ips AM Peak Hour(PM Peak Hour) 1 Patton Harris Rust Associates, pc Memoran M Ism To: Pat Manning Page 7of12 2005 BUILD -OUT CONDITIONS Arogas Property assigned trips (Figure 4) were added to the 2005 background traffic volumes (Figure 1) to obtain 2005 build -out conditions. Figure 7 shows 2005 build -out ADT and AM /PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2005 build -out lane geometry and AM /PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Arogas Property development are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2005 build -out conditions. Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc -1) r Figure 7 2010 "Five Years After" Build -out Traffic Conditions Memtra idum To: Pat Manning Page 11 of 12 9 298P Rest Church Ro Average D`a_ily�Trii4 AM Peak Hour(PM Peak Hour) Engineers Surveyors Planners Landscape Architects Patton Harris Rust Associates, pc Signalized Intersection LOS C(C) Signalized Intersection Rest LOS C(C) Cbtlrch Road Unsignalized Intersection No Scale SITE In Tru 1y Memorandum To: Pat Manning Page 12 of 12 AM Peak Hour (PM Peak Hour) Denotes Critical Unsignalized Movement Figure g� "Five Years After" Build -out Lane Geometry and Levels of Service g Engineers Surveyors Planners Landscape Architects of t ke h e are_ ill (0/d( cap es y Mint rep laCt 4-itt Y an cy t P o n l Yh r C�it' en Cep /I' le /4.n At> Sa 4{41 Air/ r S marl o{ q entity, 4Jj rtt eJ t 4- -th Ctr S4 ,(so rt is on-Q pra 4,1 w.l v/i vu .cr 10 A learn CPvire P -a- r earn Z h.4,v -c 4 plcf ]r• YL' S 4 cffr'V/' T l s1., 4 str n Drrh c�ou Lre 4n P hu c t3/4 jat 1 Ott ar Triad litpriaril y tr a.-.c /f K s- 66 7 -93c,e TO: Bo it, .M vi/cAAL G COMPANY: FAX C OUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX TRANSMISSION Date: z A JO Number of Pages (including cover sheet) From the desk of: HIL(( 17L-tDP. Date /Time: May. 24. 2005 11:18AM File No. Mode P. 1 Communication Result Report May. 24. 11 18A Destination 1416 Immediate TX 96624304 E 1) Reason for error E. 1) Hang up or line fail E. 3) No answer E. 5) Exceeded max. E size E. 2) Busy E. 4) No facslm Pg (s) Result e connection Fax Header) Page Not Sent Date /Time: May. 24. 2005 11:19AM File No. Mode P. 1 Communication Result Report May. 24. 2005 11:20AM Destination 1417 Memory TX 96624304 P. 6 OK Reason for error E. 1) Hang up or line fail E. 3) No answer E. 5) Exceeded max. E mail size TD: fi h ML4cS 4( COMPANY: FAX k: (sit() U 1 o Department of Flaming and Development 107 North KCeot Shea Suite 202 Winchester, Virginia 22601-50DD Telephone: 54W665-5651 FAX: 540/665-6395 FAX TRANSMISSION Remarks. ,M WU 1r/t� ACC n.ti Tvh'�re..r le..✓e aziki ennt et.. Fax Header) Page Pg (s) Result Not Sent E. 2) Busy E. 4) No fats imi l e connection COUNTY of FREDERICK Date: s> t r IC Nunes of Peg. (includingcnY dxd) AL_ From the desk of t E1-Lt Preliminary Matters PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres "the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES: 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 rezoning, the undersigned Applicants hereby proffer the following terms and conditions in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 9.442 acres from the Industrial, General District (M2) designation to the Industrial Transitional District (B3) Interstate Overlay District (IA) and2.736 acres from the Rural Areas (RA) designation to Industrial Transitional District (B3) Interstate Overlay District (IA). The total acreage of Industrial Transitional District (B3) with IA would therefore be 12.178 acres. Development of the subject property shall be done in conformity with the terms and conditions set forth therein, except to the extent that such terms and conditions may be subsequently amended or revised by Applicants and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Applicants, and their legal successors, heirs, and assigns. Monetary Contribution The Applicants will pay to Frederick County, at the time a building permit is first issued, the sum of $5,000 for Clearbrook Fire and Rescue and $5,000 for the Sheriffs Office. Architectural Concept Site Plan The property will be developed in substantial conformity with the attached Architectural Concept Site Plan of TRIAD Engineering, Inc., dated April 5, 2005. Street Improvements PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres "the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES: The following road improvements shall be completed by Applicants prior to occupancy. a. The Applicants shall construct curb and gutter and storm sewer along the property frontage on US Route 11 (Martinsburg Pike) to Woodbine Road (VA. Route 669). The Applicants shall widen US Route 11 to provide 12 foot wide lanes consistent with VDOT commercial standards. b. The Applicants shall construct a commercial truck entrance to VDOT standards, generally aligned with the intersection of Woodbine Road (VA Route 669), and US Route 11 (Martinsburg Pike). The applicant shall also construct two (2) 40' commercial entrances for automobiles to VDOT standards. c. The Applicants shall enter into a signalization agreement for the Woodbine Road/US. Route 11 intersection and will fund up to 100 percent of the cost of the signalization, which signalization will be completed and installed prior to Applicants' occupancy of the property. d. The Applicants shall construct two (2) 250' left turn lanes on US Route 11 (Martinsburg Pike) for traffic turning onto Rest Church Road (VA Sec. Rt. 669) from US Route 11 (Martinsburg Pike). e. All US Route 11 (Martinsburg Pike) improvements will be consistent with VDOT standards f. The location of entrances and the above referenced road improvements shall be in substantial conformity with the attached Architectural Concept Site Plan. PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres "the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES: Additional Site Proffers a. Storm water runoff resulting from improvements constructed within the Duncan Run Watershed shall receive treatment as required by the Virginia Storm water Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of storm water control existing under Virginia law. The stormwater pond shall be lined with impervious liner materials to preclude any possible groundwater impacts. b. All newly constructed utilities, on site, shall be underground. c. No buildings or pavement shall be constructed within the Flood Plain along Duncan Run. The existing residential building septic tank within Flood Plain will be removed. d. Oil water separator(s) will be implemented for the diesel islands and tank area. e. Electric stations to be provided for the 31 truck parking spaces. Shore power will be available to trucks RV vehicles to minimize idling emissions. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicants and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY 0 By By: au- u. GU Cvn�cs rt T. Pat Manning Audrey A. Mann Date: 42 3 OS Date: ,r–? 9–raJ— a Date: 3 -0� State of Missouri County of St. Charles The foregoing instrument was acknowledged before me this day of 1 2005, by 1. f7 Th. R iW&lN6 f AI,IDI2E4 F2// l;(9 My com mi §Sion expire /o(9 Notary Public `i» en vsctc[ T, Ls RT PROPOSED PROFFER STATEMENT REZONING:RZ ft 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres ("the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 FAX T NSMISSION TO: "cr6 ,AA l rr,/—f t LL COMPANY: FAX 6 43 0 1 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 e Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665 -6395 Date: o 5 e of Pages i eluding Number g g cover sheet) Remarks: ij rr f t% tot 5F M dk-c (.,&t to AA G H rL-g 279/o7) VD or _e_otxA7 uC Lc d t f lc wv1 C cf I a ley) u vsr o r v� I From the desk of: c/7 To: 1 3D COMPANY: FAX a -730Y Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665-6395 Date: Number of Pages (including cover sheet) Remarks: From the desk of: COUNTY of FREDERICK niik/24_ at Time Destination P. Immediate TX Result Report Aug. 11. 2005 3:19PM Aug. 11. 3:18PM HALL MONOHAN ENGLE G3TES Fax Header) File Mode TXtime Page Result User Name No. 1 P. 7 OK 1924 Batch M Memory L Send later For arding E ECM S Standard D Detail F Fine Re duc t ion LAN —Fax Delivery O RX Notice Rea. A RX Notice 574 TRUST FOR HISTORIC PRESERVATION. APPROVED Administrator Riley reviewed the application for this event, which will be held Friday, July 15 and Saturday, July 16' at Belle Grove Plantation. The property is owned by the National Trust. Elizabeth McClung, Executive Director, advised that this was a fund raiser for the property. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the Outdoor Festival Permit request of Belle Grove Plantation Bluegrass Live: Ice Cream Social and Bluegrass Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING REZONING #07 -05 FOR MANNING PROPERTY TO REZONE 9.442 ACRES FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO B3 (INDUSTRIAL TRANSITION BUSINESS) AND IA (INTERSTATE OVERLAY) DISTRICT AND 2.736 ACRES FROM RA (RURAL AREAS) DISTRICT TO B3 (INDUSTRIAL TRANSITION BUSINESS) AND IA (INTERSTATE OVERLAY) DISTRICT. THESE PROPERTIES ARE LOCATED APPROXIMATELY 350 FEET SOUTH OF THE INTERSECTION OF REST CHURCH ROAD (ROUTE 669) AND MARTINSBURG PIKE (ROUTE 11), BETWEEN MARTINSBURG PIKE (ROUTE 11) AND I -81, AND CONTINUING SOUTH TO DUNCAN RUN, SOUTH OF WHITEHALL EXIT (EXIT 323), AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINs) 33A -A -12, 33A -A -13, 33A -A -14, 33A -A -15, AND 33A -A -15A IN THE STONEWALL MAGISTERIAL DISTRICT. DENIED Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. He advised that this property was part of the Northeast Land Use Plan. The applicant proposes a rezoning of 9.442 acres from M2 (General Industrial) District to B3 (Industrial Transition) District and IA (Interstate Overlay) District and 2.736 acres from RA (Rural Areas) District to B3 (Industrial Transition) District and IA (Interstate Overlay) District with proffers. The total acreage to be rezoned B3 and IA is 12.178 acres. The property is located in the Stonewall Magisterial District. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 The request for Interstate Overlay designation will allow signage similar to that of the existing Flying J. The proposed rezoning would require improvements to new and existing roads, with Route 11 improvements being part of the Comprehensive Plan. According to traffic impact analysis studies, this development would generate approximately 4,800 trips per day. The projections at build out are acceptable and manageable at a service level C. Deputy Director Ruddy noted that transportation elements of the Comprehensive Plan should be addressed in this application. He then reviewed the proposed proffers: A monetary contribution in the amount of S10,000 to Parks Recreation. An architectural site plan that depicts the general layout of the site, although additional clarity could be provided. A full right turn lane along the frontage of the property. Electric stations for the 31 truck parking spaces and oil and water separators to address environmental impacts of this project. The Planning Commission held a public hearing at its June 1, 2005 meeting with approximately 29 people speaking in opposition to this project and 2 people speaking in favor. The Planning Commission, by majority vote, recommended denial of this application. Since the Planning Commission meeting, the applicant has submitted updated proffers with the most significant change addressing the average daily truck trips along the adjacent portion of Route 11. Mark Stivers, Attorney for the applicant, appeared before the Board regarding this application. He presented a copy of the revised proffer statement for the record. He stated that Mr. Manning wanted to be a good business partner to Frederick County. Mr. Stivers advised that this area was focused on as part of the Northeast Land Use Plan. This application seeks to do away with the M2 zoning, which is the most intense industrial district in the ordinance. Mr. Stivers stated that he agreed with the Board six years ago as he too thought this proposal to be premature at that time. Now, however, the bridge and water and sewer service are in place. He advised that approximately 30% of the site is set aside as green space, the size of the facility has been reduced, and electrification has been provided so the trucks will not have to run constantly. He went on to say that the residents' concern of increased truck traffic was not addressed at the Planning Commission. The applicant has proposed a proffer that would result in no new trucks being anticipated in the area as a result of his business. An agreement was executed between the Mannings and the Sempeles to Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 575 576 reduce and cap the number of truck trips at build out of the respective projects. Mr. Stivers stated that this was an enforceable proposal and traffic impact analyses would be taken to see that the agreement was not being violated and at the end of ten days, if violations continue, Mr. Manning would shut down his business. Mr. Stivers then reviewed uses permitted under the current M2 zoning and stated that when this proposal is considered versus what is currently allowed on this property, it is unreasonable to deny this project. Mr. Stivers reviewed the positive economic impacts to the County. He went on to say that he believed the northbound traffic would benefit and this use would reduce congestion on the existing bridge. He concluded by requesting that the Board vote yes on this proposal. Chairman Shickle convened the public hearing. Ed Butler, Stonewall District and member of Clearbrook Citizens for Safety, stated that there were still safety issues relative to this project. He stated that the existing roads, lanes, and bridges would need to be improved. There are also air pollution problems and he could not see this project working in that location. He concluded by saying that he hoped the Board says no. David Ogle, Opequon District and truck driver, stated that the Flying J is the most congested truck stop that he has seen and he believes this project will relieve that congestion. Tim Johnson, Stonewall District, presented a petition with 168 signatures opposing this project. He advised that two unresolved issues were possible well contamination and poor air quality. He concluded by showing pictures of the two affected intersections. Phil Roby, Stonewall District, stated that he was not sure how the oil /water separator would handle cloud bursts. He also knows first hand about the traffic problems at the Flying J. He concluded by requesting that the Board limit the amount of fuel bays to reduce truck traffic. Randall Frazier, Stonewall District, stated that traffic in that area was a mess. He also had concerns about residents living in front of a truck stop because of the light and noise pollution. He concluded by asking the Board to consider the citizens. George Sempeles, Stonewall District, stated that the Comprehensive Plan calls for industrial and business uses from Clearbrook to the state line and if the Board denied this rezoning then they were saying that the Comprehensive Plan was no good. He went on to say that this rezoning could not be painted with the same brush as the Flying J. He concluded by saying that another truck stop Minute Bonk Number 30 Board of Supervisors Regular Meeting of 0622/05 would be a benefit to the County and he was in favor of this proposal. John Light, Stonewall District, spoke in opposition to this proposal. He stated that he felt he made a mistake in the denial of the 82 rezoning. He advised the Board to approve the requested B2 zoning, but revise the proffer eliminate a truck stop use on the property. Cathy Whitten, Stonewall District, spoke in opposition to the proposed rezoning. She stated that if the Board passes the rezoning she is concerned about trucks leaving the proposed truck stop and traveling down Route 321. Mr. Stivers noted that the photographs of traffic congestion viewed by the Board were the result of an accident in the area and not a result of a business. Supervisor Tyler asked about the enforceability of the revised proffer concerning truck trips per day. Deputy Director Ruddy stated there would be great emphasis on staff's involvement in monitoring the traffic. Supervisor Tyler stated that she was concerned about enforceability of the proffer and the drain this would put on staff. She asked about the difference between convenience store and service station. Deputy Director Ruddy responded that VDOT and the applicant have worked together to see what the impact would be. Fast food was added to the convenience use in order to plan for a worst case scenario. Supervisor Tyler asked if the site plan developed by the applicant was for an 8,400 square foot building. Deputy Director Ruddy responded correct. Deputy Director Ruddy reviewed the proffered road improvements for this rezoning. He advised that there was inconsistency in the lane geometry and what is being proffered. John Cardlow, Patton, Harris, Rust, Associates, advised that he showed all turn lanes with the exception of the second left turn lane. The traffic impact analysis represents a service level C. T. Pat Manning, applicant, stated that he would know how many transactions his business was doing and he told staff that they might want to monitor the truck traffic relative to the revised Minute Book Number 30 Board of supervisors Regular Meeting of 06/22/05 578 proffer. He went on to say that a monitor would not be there all of the time, but he could put trip counters down to ensure compliance. He concluded by saying that the proffer that he set forth is "draconian Supervisor Van Osten asked about the impact analysis of sewage treatment. Deputy Director Ruddy responded that the Frederick County Sanitation Authority project has been on the books for some time. He stated that a cap would be placed on the sewer, but this proposal has been accommodated in this cap. Supervisor Fisher asked Attorney Ambrogi about the enforceability of the revised proffer. Attorney Ambrogi expressed some concern as he had not seen anything like this. He stated that the parties (Manning /Sempeles) do have an agreement, but Sempeles would not be bound by the proffer. Chairman Shickle asked if the Board had Attorney Bob Mitchell review this proposed proffer. Administrator Riley responded no. Chairman Shickle asked "should we Administrator Riley responded that staff could have it reviewed, but he did not think there would be a disagreement on enforceability. Deputy Director Ruddy advised that Mr. Mitchell's comments were addressed in the June 15, 2005 revised proffer statement. Upon a motion by Supervisor Tyler, seconded by Supervisor Forrester, the Board denied rezoning #07 -05. Supervisor Tyler stated that the primary goal of the Comprehensive Plan is to protect and improve life in Frederick County. Supervisor Ewing stated that he thought this was a good project and good tax base, but was concerned about the amount of traffic. Supervisor Van Osten echoed Supervisor Ewing's comments. There being no further comments, the Board denied rezoning #07 -05 by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING REZONING #06 -05 OF FREDERICK BLOCK COMPANY TO REVISE PROFFERS ATTACHED TO REZONING #01 -03 OF FREDERICK BLOCK COMPANY CONCERNING THE REZONING OF 2.63 ACRES TO B2 (GENERAL BUSINESS) DISTRICT AND 2.01 ACRES TO B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT. THE PROPERTY IS LOCATED ON THE E ASTERN SIDE ALONG MARTINSBURG PIKE (ROUTE 11) APPROXIMATELY 3.400 FEET NORTH OF THE INTERSECTION OF ROUTE 11 AND LEE AVENUE, AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 54A -1 -15B IN THE STONEWALL MAGISTERIAL DISTRICT. APPROVED Planner II Candice Perkins appeared before the Board on behalf of this item. She advised that this was a request to revise the original proffers for Rezoning #01 -03. The property is located in the Stonewall District. The applicant has revised proffer #5 to read: "The applicant hereby proffers to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike." The applicant in proffer #8 further proffers to provide for a single row of evergreen tree plantings in that area a minimum of four (4) feet in height when planted and spaced a maximum of ten (10) feet on center Steve Slaughter, applicant, was present to answer any questions. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved Rezoning #06 -05. WHEREAS, Rezoning #06-05 of Frederick Block Company, was submitted to revise proffers attached to Rezoning #01 -03. This revision relates to design and landscaping aspects of the property. This property is located on the eastern side of Martinsburg Pike (Route 11), approximately 3,400 feet north of the intersection of Route 11 and Lee Avenue, in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 54A- 1 -15B. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 18, 2005: and WHEREAS, the Board of Supery isors held a public hearing on this rezoning on June 22, 2005; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. Minute Book Number 30 Board of Supervisors Regular Meeting of 06/22/05 519 Date Time Destination Immediate TX Result Report May. 20. 2605 2:43PM Mode May. 20. 2:41PM 9163689601970071826 G3TES> Fax Heade r) File TXtime Page Result User Name No. 2 P. 8 OK 1396 Batch M Memory L Send later Forwarding ECM S Standard D Det all F Fine Reducti on LAN —Fax Delivery 0 RX Notice Req. A RX Notice P. 1 Date /Time: May, 19, 2005 11:55AM File No. Mode T Communication Result Report May, 19, 2005 11:55AM T Destination Reason for error E. 1) Hang uo or line fail E. 3) No answer E. 5) Exceeded max. E—mail size Pg (s) Result 1373 Immediate TX 917036802161 1) E. 2) Busy E. 4) No Lacs imi 1e connection Fax Header) P. 1 Page Not Sent April 25, 2005 Dear Mike, T. Pat Manning c/o Arogas Inc. P.O. Box 580 St. Peters, MO 63376 Phone 636 947 -0255 Fax 636 896 -0197 Mr. Michael T. Ruddy, AICP Deputy Director, Dept iment of Planning Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 -5000 Enclosed is proposed REZONING REQUEST PROFFER which references both the enclosed site plan and photograph. Thank you for your consideration. Truly, T. Pat Manning FREDERICK COUNTY PLANNING DEVELOPMENT Please review and advise if you need any changes. Otherwise, I would appreciate a comment as to "proper form" from the County's attorney as soon as possible. I1 Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX TRANS s ISSION TO: F' N1 A-n, NtNG COMPANY: FAX (b3) S9 b C9 i q Date: COUNTY of FREDERICK 10 Number of Pages (including cover sheet) Remarks: (,CA5 I= I-.D .4rr/1c :H 2 Co /Lit n.4 e ,"TS FrCcrtrnt ?o r3 i rc i -i A C_ E.4k ti copy O F Pro i coc5 1 Ni co izpc-rz c\--T- i r; C1 sc, R) M& A•c .cR From the desk of: H lcC (2cxDD y June 15, 2005 Dear Mike, T. Pat Manning c/o Arogas Inc. P.O. Box 580 St. Peters, MO 63376 636- 947 -0255 Fax 636 896 -0197 Mr. Michael T. Ruddy Deputy Director, Department of Planning Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 -5000 RE: Rezoning #07 -05, Manning Property Enclosed is a revised Proffer Statement which includes the following additions to the April 25, 2005 Proffer Statement: Street Improvements g. Signalization agreement for Rest Church Road and Route 11 h. Bicycle path provision, Route 11. Additional Site Proffers f Green space provision g. Landscape specification clause Additional Transportation Proffer This proffer, when combined with the attached Sempeles' Transportation Impact Covenant, will result in zero additional large truck traffic impact along Rt. 11 between and including Rest Church Road and Woodbine Road. Mike, 1 believe these Revised Proffers fully and completely address all of the Planning Staff comments as well as all public comments received at the P &Z meeting. Thank you for your consideration. T. Pat Manning Preliminary Matters PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres ("the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES:06 /15/2005 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 rezoning, the undersigned Applicants hereby proffer the following terms and conditions in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 9.442 acres from the Industrial, General District (M2) designation to the Industrial Transitional District (B3) Interstate Overlay District (IA) and2.736 acres from the Rural Areas (RA) designation to Industrial Transitional District (B3) Interstate Overlay District (IA). The total acreage of Industrial Transitional District (B3) with IA would therefore be 12.178 acres. Development of the subject property shall be done in conformity with the terms and conditions set forth therein, except to the extent that such terms and conditions may be subsequently amended or revised by Applicants and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the Applicants, and their legal successors, heirs, and assigns. Monetary Contribution Architectural Concept Site Plan The Applicants will pay to Frederick County, at the time a building permit is first issued, the sum of $5,000 for Clearbrook Fire and Rescue and $5,000 for the Sheriffs Office. The property will be developed in substantial conformity with the attached Architectural Concept Site Plan of TRIAD Engineering, Inc., dated April 5, 2005. Street Improvements PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres "the Property Tax Map Parcels: 33A- A- 12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES:06 /15/2005 The following road improvements shall be completed by Applicants prior to occupancy. a. The Applicants shall construct curb and gutter and storm sewer along the property frontage on US Route 11 (Martinsburg Pike) to Woodbine Road (VA. Route 669). The Applicants shall widen US Route 11 to provide 12 foot wide lanes consistent with VDOT commercial standards. b. The Applicants shall construct a commercial truck entrance to VDOT standards, generally aligned with the intersection of Woodbine Road (VA Route 669), and US Route 11 (Martinsburg Pike). The applicant shall also construct two (2) 40' commercial entrances for automobiles to VDOT standards. c. The Applicants shall enter into a signalization agreement for the Woodbine Road/US. Route 11 intersection and will fund up to 100 percent of the cost of the signalization, which signalization will be completed and installed prior to Applicants' occupancy of the property. d. The Applicants shall construct two (2) 250' left turn lanes on US Route 11 (Martinsburg Pike) for traffic turning onto Rest Church Road (VA Sec. Rt. 669) from US Route 11 (Martinsburg Pike). e. All US Route 11 (Martinsburg Pike) improvements will be consistent with VDOT standards The location of entrances and the above referenced road improvements shall be in substantial conformity with the attached Architectural Concept Site Plan. g. The Applicants shall enter into a signalization agreement for the Rest Church Road (Route 669)/US Route 11 intersection and will fund up to 100 percent of the cost of the signalization, which signalization will be completed installed prior to Applicants' occupancy of property. h. The Applicants shall construct a 3' wide bicycle path along the property frontage on US Route 11 (Martinsburg Pike) to Woodbine Road (VA Route 229). PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres (`the Property Tax Map Parcels: 33A-A-12,13,14,15,15A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES:06 /15/2005 Additional Transportation Proffer Whereas Applicants' Traffic Impact Analysis of May 12, 2004 and Addendum to the TIA of July 20, 2004 assign Average Daily Trips of 2015 large trucks for the Project's 2005 build out, and whereas the Sempeles rezoning of April 28, 2004 of 101.92 acres from RA (Rural Area) to M -1 (Industrial Light) District assigned Average Daily Trips of 6693 large trucks for 2012 build out, and whereas both the Mannings and Sempeles mutually agree to limit the maximum ADT for large trucks to the 6693 ADT already approved and assigned to the Rt. 11 corridor between and including Rest Church Road and Woodbine Road. a. Applicants will limit the maximum ADT for large trucks to 2015. Attached hereto is a Transportation Impact Covenant wherein the Sempeles agree to limit the ADT of 6693 large trucks for the 101.92 M -1 acres to a maximum ADT of 4678 large trucks. Therefore the ADT for large trucks for the Manning and Sempeles development will be capped at 6693 ADT. b. Applicants agree to any reasonable monitoring by Frederick County Planning Department to insure compliance of the 2015 ADT limit for large trucks. c. In lieu of b., Applicants, upon written notification by Frederick County Planning Department, will immediately engage a traffic engineering firm, acceptable to Frederick County Planning Department, for the purpose of a traffic study to determine the ADT for large trucks on Applicants' truck access driveway opposite Woodbine Road. Should the traffic study reveal a large truck ADT of less than 2015, Applicants large truck traffic impact shall be deemed acceptable. Should the traffic study reveal that the ADT count for large trucks exceeds 2015 ADT, Applicants agree: 1. To remit a penalty payment to Frederick County of $10.00 per large truck ADT per day in excess of the 2015 ADT limit. (For example, if the ADT count was 2515, Applicants would be obligated to remit to Frederick County, 500 large truck ADT excess x $10.00/= $5000.00 /day in violation penalty payment. In addition, should Applicants fail to correct the large truck ADT to under the 2015 large truck ADT limit within 10 days of discovery of violation, Applicants will immediately forever surrender occupancy rights and access rights to the large truck fueling area portion of Applicants Project. PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres ("the Property Tax Map Parcels: 33A-A-12,13, 14,15, 5A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES:06 /15/2005 Additional Site Proffers a. Storm water runoff resulting from improvements constructed within the Duncan Run Watershed shall receive treatment as required by the Virginia Storm water Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of storm water control existing under Virginia law. The stormwater pond shall be lined with impervious liner materials to preclude any possible groundwater impacts. b. All newly constructed utilities, on site, shall be underground. c. No buildings or pavement shall be constructed within the Flood Plain along Duncan Run. The existing residential building septic tank within Flood Plain will be removed. d. Oil water separator(s) will be implemented for the diesel islands and tank area. e. Electric stations to be provided for the 31 truck parking spaces. Shore power will be available to trucks RV vehicles to minimize idling emissions. f. "The Property" will maintain a minimum of 30% for green space. g. Applicants will rely on Planning Staff suggestions for type of landscape planting. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicants and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWN By: By: ace 04441 c-,?,1 T. Pat Manning Ar6d Gl rey A. Manning Date: 5 J Date: 4,—/-r—our Date: (9 /S c.1"' State of Missouri County of St. Charles The foregoing instrument was acknowledged before me this /S77/ day of (Tung ,2005, by TPA- rMmiti„Jc- Awn &pieE' /l• /L(/!r✓� /i✓C- Notaty,Public PROPOSED PROFFER STATEMENT REZONING:RZ 07 -05 Industrial General (M -2) and Rural Areas (RA) to Industrial Transitional District (B -3) and Interstate Overlay District PROPERTY: 12.178 Acres ("the Property Tax Map Parcels: 33 A -A- 12,13,14,15,15 A RECORD OWNER: T. Pat Manning and Audrey A. Manning APPLICANTS: T. Pat Manning and Audrey A. Manning PROJECT NAME: Arogas, Inc. ORIGINAL DATE OF PROFFERS: April 25,2005 REVISION DATES: 0 6/1 51200 5 ,My commissi• expires 060 a, AUDREY J. PAULE Notary Public Missouri St Charles County My Commission Expires May 3 2006 Whereas on 04/2812005 the Frederick County Board of Supervisors approved the Sempeles rezoning of 101.92 acres from RA (Rural Areas) to M -1 (Industrial Light) District and whereas said rezoning was based on a Transportation Impact Analysis by P.H.R.A. dated 02/16/2002 and 05/09/03, which indicates a transportation impact for the 101.92 M -1 acres of 6693 Average Daily Trips, 2012 build out, for large trucks, and whereas the Sempeles hereby agree to limit the ADT for large trucks to 4678 ADT, subject to the rezoning of the Manning Property to B -3 (Industrial Transition). (RZ# 07- 05), and whereas the Sempeles have already proffered to provide a traffic impact analysis (TIA) with each site plan for an industrial use on the site, said TIA to govern this covenant, now, therefore, in consideration of $10.00 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, we the undersigned owners of Parcels 34 -A -2, 34 -A -4, agree to reduce the transportation impact of large trucks, for the 101.92 acres zoned M -1, from the current 6693 ADT for large trucks to a revised maximum of 4678 ADT for large trucks. Said ADT reduction is contingent on the rezoning of the Manning Property to B -3 (Industrial Transition), RZ #07 -05. Sempeles By: George 1 Carol T. Sempeles Date: ,6/1 Transportation Impact Covenants, Sempeles Property Parcel Identification Number 34 -A -2, 34 -A -4 Stonewall Magisterial District STATE OF VIRGINIA County of Frederick, to -wit: I, Any E. Roach, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that George M. Sempeles and Carol T. Sempeles whose names are signed to the foregoing Transportation Impact Covenants, dated this 15 day of June, 2005 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 15th day of June, 2005 My Commission expires: 07/31/08 Notar Tl ea ublic Date Time Destination z Immediate TX Result Report Aug. 11. 2005 3:12PM Aug. 11. 3:07PM HALL MONOHAN ENGLE G3TES Batch M Memory E ECM S Standard Reduction a LAN —Fax A RX Notice File Mode TXtime Page Result User Name No. 447" P. 23 OK 1923 L Send later D Detail Delivery Fax Header) Forwarding Fine O RX Nctice Req. P. 1 May 23, 2005 Dear Mike, T. Pat Manning c/o Arogas Inc. P.O. Box 580 St Peters, MO 63376 Phone 636 947 -0255 Fax 636- 896 -0197 Mr. Michael T. Ruddy Deputy Director, Department of Planning Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 -5000 Enclosed is a clean copy of proffers incorporating Bob's comments. Please notify me if you need anything else. Thank you. T. Pat Manning MAY 2 4 2005 b L. April 19, 2006 Triad Engineering, Inc. Attn: Mr. Dennie Dunlap 200 Aviation Drive Winchester, VA 22602 RE: Arogas Facility Site Development Plan Whitehall Commerce Center Dear Mr. Dunlap: 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 The Frederick County Planning Department received a transmittal letter from your firm on April 13, 2006 which included a site plan application fee in the amount of $2,300.00 and two copies of a site development plan for the referenced project. Our department is unable to process this application due to a discrepancy between the proposed use of this property and the property's current zoning designation and associated proffers. The proposed site development plan identifies the proposed use as commercial. Upon further review of the use on site plan Drawing Number C -4, it is clear that the commercial use is, in fact. a gasoline service station (SIC 5541) with fuel islands and parking spaces appropriately sized to accommodate over- the -road trucks. Additionally, the commercial entrance detail on Drawing Number C -14, and the pavement details on Drawing Number C -13, are designed to accommodate heavy truck traffic. This site layout is very similar to that submitted by the developer Arogas, Inc. with Rezoning #07 -05. In fact, with Rezoning #07 -05, provisions were made to accommodate six truck diesel fuel islands; the submitted site development plan would accommodate eight fuel islands which are dimensionally consistent to accommodate over the -road trucks. As stated in the proffered conditions accepted as part of the rezoning application for the subject property, which has been included on the site development plan's coversheet, "Any use involving the retail or wholesale of diesel fuel for over the -road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones." The submitted site plan clearly accommodates truck diesel fuel islands and associated truck parking, consistent with Arogas, Inc.'s rezoning application. Mr. Dennie Dunlap RE: Arogas Facility Site Development Plan April 19, 2006 Page 2 The development of this parcel as proposed by your site plan would necessitate a proffer amendment to enable the sale of diesel fuel for over the -road truck carriers. Please find attached the information that was provided to our department on April 13, 2006 under your transmittal letter. This information is being returned to your attention as not approvable based on our determination that the proposed use is a prohibited use on this property. You may have the right to appeal this site development plan submittal rejection within thirty (30) days of the date of this letter in accordance with Section 15.2 -2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165 -155A (1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Sincerely, Mark R. Cheran Zoning Administrator Attachments: Site Development Plan review fee, application, copies of plan cc: T. Pat Manning, President, Arogas, Inc. MRC/bhd December 9, 2004 Mr. Pat Manning P.O. Box 580 St.Peters, MO 63376 Dear Mr. Manning: 1) Preliminary Matters 2) Impact Analysis and Proffer Statement Re: Preliminary Comments Manning Mr. Fuel Travel Center gi RECOPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Thank you for the opportunity to review the preliminary rezoning application materials for the Manning Property and the Mr. Fuel Travel Center. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues, and those of the reviewing agencies, will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. a) The request presented to the County is for the rezoning of 12.178 acres of M -2 (General Industry) and RA (Rural Areas) zoned land to the B -3 (Industrial Transition) and IA (Interstate Overlay) Districts. On multiple occasions throughout the rezoning application the term down zoning is used. The use of this term is inaccurate given that a portion of the property is proposed to be rezoned from Rural Areas to Industrial Transition with Interstate Overlay. Further, the proposed proffered use of the property is arguably more intensive than many of the uses permitted in the M -2 (General Industry) District and is certainly significantly more intensive than the present use of the property. Staff respectfully offers that the term rezoning should be used throughout the rezoning application materials. a) It is stated in the application that the proposed B -3 down zoning is in complete and total harmony with Northeast Land Use Plan its adopted policies governing land use and zoning issues. Staff would recognize that the proposed rezoning application addresses many of the policies of the Plan. However, it is important to identify that several policies and objectives have not been addressed or fully incorporated into this rezoning application, most significantly, the Comprehensive Plan policy that encourages the expansion of Route 11 to a four -lane roadway. The business corridor policies of the Comprehensive Plan are also applicable to 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Mr. Pat Manning Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 2 this project. In particular, the business corridor policies that specify that raised medians are employed at all intersections along business corridors and that provisions should be made for bicycle accommodations at intersections and in a manner consistent with the adopted bicycle plan. Please refer to the Bicycle Plan Map incorporated into the transportation section of the Comprehensive Plan. b) The TIA submitted with a rezoning application is a very important tool which is used to assist in the evaluation of the traffic impacts associated with the project. This analysis is particularly important to VDOT. Suggested improvements are incorporated into the TIA that will ensure an appropriate level of service upon the completion of the development project and the mitigation of many of the impacts of the proposed project. It is important to recognize that in addition to addressing the TIA, the transportation related elements of the Comprehensive Plan should be addressed and incorporated into the rezoning application. Several of these broader community concepts that recognize important community goals are identified in the previous comment for your consideration. c) It is critical that this rezoning application addresses the right -of -way needs of the project and the Comprehensive Plan. It is recommended that a right -of -way assessment is conducted in the vicinity of this project to clarify what the existing right -of -way is and what would be needed to address the transportation needs of this application. This assessment should be provided with the resubmission of the application. d) The facilitation of the Comprehensive Plan objectives of providing for an ultimate four lane Route 11 with appropriate accommodations for turning movements, raised medians for access management, and bicycle accommodations does not appear to have been fully considered as part of this application. The importance of addressing these needs is significant in this location as it is the primary point of access, the northern gateway, to Route 11, Frederick County, and Virginia. It is necessary to ensure a quality, well functioning gateway to the community for all users. e) The TIA provided for review in conjunction with the rezoning application materials is an addendum to the original TIA for the Arogas Property. It would be helpful if the original TIA, including the methodology used for this project, is provided in addition to the addendum. Also, if a comparison of uses is to be used in the TIA then it would be more appropriate if the potential by -right development that is identified in Table 1 is more realistic. g) j) Mr. Pat Maiming Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 3 0 Street Improvements Proffer a., the proffered 12' lane widening consistent with VDOT commercial entrance standards appears to fulfill the need for a dedicated right turn lane into the project as is customarily required when multiple entrances to one project are located along a particular stretch of road It would not be accurate to consider this as an additional through travel lane on Route 11. Please clarify if your intention of this proffer is to have this lane function as an additional through lane on Route 11 and how the widening of Route 11 to a four lane design to address the Comprehensive Plan will be accomplished. Street Improvements Proffer c., provides for the participation in a signal agreement involving partial cost sharing for the Woodbine Road /Route 11 intersection, the timing of which will be determined by VDOT. The TIA for this project indicates that there is a critical unsignalized movement at this intersection with the build out lane geometry for outbound trucks making a left turn onto Route 11 North. Figure 8 of the TIA represents that this same intersection will operate at a LOS C five years after the build out of the project. However, this is with the future installation of a signal at this location. The County is of the belief that the signalization of this intersection should occur concurrent with the development of this project and prior to the issuance of an occupancy permit for the facility. This approach would ensure a safer condition at this intersection, minimize the future impacts to vehicles traveling on Route 11, and eliminate a critical unsignalized turning movement. Recent experiences in Frederick County with similar facilities would confirm that this approach is prudent and warranted. h) Figure 8 of the TIA indicates a build -out lane configuration and geometry at the Route 11 /Route 669 intersection and also at the truck entrance /Woodbine Road intersection that provides for a satisfactory level of service. However, the Proffer Statement does not appear to provide for the complete construction of those improvements which have been identified as necessary to maintain an adequate level of service. Please provide clarification regarding this issue. As mentioned previously, it should also be demonstrated that sufficient right -of -way is available, or has been obtained, to ensure that any necessary improvements to Route 11 and its associated intersections can be accommodated. i) Street Improvements Proffer e., states that the improvements to Route 11 will be consistent with VDOT standards. As important as this is, it is also important to recognize that the improvements to Route 11 will address the goals and objectives of the Comprehensive Plan as previously mentioned in this letter. The Architectural Site Plan that is voluntarily proffered as an element of the Proffer Statement appears to be outdated. It is suggested that the Architectural Mr. Pat Manning Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 4 Site Plan be updated to accurately reflect existing road conditions including the recent improvements to Route 11 and Route 669. It may also be helpful to update the plan to address any recent modifications based upon the proposed transportation program. Alternately, it may be more appropriate to confine the scope of the Architectural Site Plan to the property for which the rezoning is requested. The Impact Analysis identifies that a site development plan for the proposed use has been prepared in accord with all local and state regulations. It may be more appropriate at this stage of the project to recognize that a final site plan will be prepared and will be determined to be in conformance with all applicable regulations at the time of final site plan approval by the County. The site plan is not presently being reviewed for conformance with County site plan regulations. It is general in nature for the purposes of illustrating the proposed project. k) Design Features Proffers a. and b. do not appear to provide anything extraordinary or anything that is not presently required by the Zoning Ordinance and may be redundant. An architectural elevation plan would be a tool that could be used to implement and guarantee design features described in a proffer. This tool may be useful in helping to describe what the architectural design of the project is. Presently, the architectural design concept is not clear. 1) Design Features Proffer c. also appears to be redundant as the requirements of the Zoning Ordinance and the proffered general site plan provide for the development of this site as a cohesive entity. m) Additional Site Proffers a. through e. appear to be redundant as they are presently required by County Ordinance. It is preferable that the proffers offered by the applicant are limited to only those that exceed or enhance the existing requirements of the County Ordinances. n) It is requested that consideration is given in the Proffer Statement to providing additional BMP's relating to mitigating some of the unique impacts of the project. Such BMP's could include oil separators in conjunction with the stormwater management program and electric stations designed to address air quality issues. o) Please ensure that current tax statements are provided in the resubmitted application. The new statements should reflect the new ownership of the RA lots. At some point in the future a consolidation of the various lots covered by this rezoning application should occur. Mr. Pat Manning Re: Preliminary Comments Manning/Mr. Fuel Travel Center December 9, 2004 Page 5 Please feel free to contact me at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sincerely, Michael T. Ruddy, AICP Deputy Director, Department of Planning Development MTR/dlw cc: Mr. Andy Weinmann, Triad Engineering Rezoning Fees: $3000.00 base fee $100.00 per acre $100.00 per acre x 12.178 acres $1217.80 $3000.00 base fee 1217.80 acreage fee 50.00 refundable fee for sign (see note below) $4267.80 total fee for rezoning Note: There is a $50.00 refundable fee for the `Rezoning Hearing' sign that must be placed on the property as soon as the application is filed. Frederick County, Virginia Rezoning Application Materials And Impact Analysis Statement For The Manning Property 9.442 Acres M -2 to B -3 with IA 2.736 Acres RA to B -3 with IA Total of 12.178 Acres M -2 RA to B -3 with IA Stonewall Magisterial District May 2005 t_' M "Y 6 2005 COUNTY N.OPPvIENT COPIES DATED NUMBER DESCRIPTION 1 May' 05 Rezoning Application and Impact Analysis Statement for the Manning Property 1 May 4, 2005 Comment Response Letter 1 May 4, 2005 60299 Check for $4267.80 made payable to 'Treasurer of Frederick County' LETTER O F TRIAD ENGINEERING, INC. Civil, Geotechnical, Environmental, Survey, Land Planning and Construction Consultants To: Frederick County Planning Dept. 107 North Kent Street Winchester, VA 22601 Re Manning Property Rezoning Application WE ARE SENDING YOU 0 Attached Shop Drawings Copy of letter THESE ARE TRANSMITTED as checked below: O For Approval Samples As Requested 0 For review and comment FOR BIDS DUE REMARKS: R I S M I T T A L Prints Change Order 200 Aviation Drive P.O. Box 2397 I' Winchester, VA 22604; (540) 667 -9300 (540) 667 -2260 fax office@triad-winc.com Date 06 May 2005 Attention Eric Lawrence Job No.: 07 -03 -0251 Under separate cover via Samples 0 Plans Resubmit Submit Approved as submitted O Approved as noted Returned for corrections Submit 0 PRINTS RETURNED AFTER LOAN TO US 1 !I 1 triTI1 I MAY 6 2OO5n IL )I the following items Specifications FRECERICK COUNTY NTY PLANNING &_i?EVELOPMENT copies for approval copies for distribution copies for distribution COPY TO SIGNED 9 A D May 4, 2005 Dear Mike, County of Frederick Mr. Michael T. Ruddy, AICP Deputy Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 -5000 T. Pat Manning c/o Arogas Inc. P.O. Box 580 St. Peters, MO.63376 j l t _i, 'i u l MAY' 6 2005 FREDERICK COUNTY PLANNING DEVELOPMENT In response to your letter of 12/09/04 and Department of Public Works letter of 11/09/04, the site plan has been revised and the Rezoning Application has been amended. "Downzoning" has been amended to rezoning within the Rezoning Application. Wetlands have been identified near Duncan Run and are so indicated on the site plan. There will be no wetland disturbance. Oil separator(s) are shown on the site plan and included in the proffer statement. The discharge will be into the sanitary sewer by agreement with F.C.S.A. Solid waste has been estimated in the revised Application. There is no material impact on the landfill. Woodbine Road Signalization and the timing for signalization has been clarified and firmed up in the proffer statement. Flood plain development will include the removal of a residential structure currently within the flood plain. The only other improvement within the flood plain will be a portion of the storm water retention basin and a single point discharge. Electric Stations for the 31 truck parking spaces are shown on the site plan and included in the proffer statement. Street improvements are shown on the revised site plan. These improvements include tapers, raised median, 2 1eft turn lanes (250' x 14'), and a 12' wide southbound lane. Given its generous width and modest traffic flow projected, this southbond lane would accommodate bicycle traffic Current width of Rt. 11 is less than 30' for the 3 existing lanes. Rt. 11 improvements proffered will yield 4 lanes minimum and 6 lanes maximum, with the Sempeles addition. New pavement width will be 50' minimum for 4 lanes, and 75' maximum for the 6 lane section of Rt. 11. There is sufficient ROW for the Rt. 11 improvements as proposed. Temporary construction easements will be required for 4 properties. These easements have been granted verbally and will be finalized shortly. The TIA includes all relevant methodology and, after a thorough review by VDOT, has been accepted by VDOT The Architectural Site Plan has been updated as a Concept Plan of 04/05/05. You are in receipt of this revised plan as of our meeting of 04/06/05. The Proffer Statement has been revised and is included with the application The tax statements have been updated. The various lots will be consolidated after the rezoning and before site plan approval. Please advise if you need any additional information or clarification. Thank you so much for your consideration. Truly, T. Pat Manning Candice David Mark Susan COMMENTS: Eric Document Approval Form x 35_ INITIALS DATE TIME MAY 6 2005 FBEPP RICK COUNTY rim::: ,37,. -PIT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. sM Received by Clerical Staff (Date Time): OCT IDDIECIEngE 11 2 6 2004 FREDERICK COUNTY PLANNING DEVELOPMENT 0 Frederick County, Virg Rezoning Application Materials And Impact Analysis Statement For The Manning Property 9.442 Acres M -2 to B -3 with IA 2.736 Acres RA to B -3 with IA Total of 12.178 Acres M -2 RA to B -3 with IA Stonewall Magisterial District August 2004 Manning Property Impact Analysis Statement 10 August 2004 A. Location and Site Background The following Impact Analysis Statement is provided in summary form for the property known as the "Manning Property". The property is located in the Stonewall Magisterial District. The property is located along US Route 11, Martinsburg Pike with I -81 frontage, approximately 350 feet south of the intersection of US Route 11 and Virginia Secondary Route 669. The property has approximately 1380 feet of frontage on US Route 11. The property is located between US Route 11 and Interstate 81 with approximately 1440 feet along the interstate. The parcels to be rezoned total 12.178+/ acres. Approximately 9.442 acres of the property is currently zoned General Industry (M -2). Approximately 2.736 acres of the property is currently zoned Rural Areas (RA). The requested rezoning is to change the current 12.178 acres from General Industry (M -2) and Rural Areas (RA) to Industrial Transitional (B -3) and Interstate Overlay (IA). This is a downzoning from M -2 to B -3. In addition the IA zoning is requested to allow an interstate road sign on the site. There are no residential units proposed as part of this rezoning. Four residential structures will be removed and incorporated into the project. A site development plan for the proposed use has been prepared in accord with all local and state regulations. The portion of the property proposed for downzoning from M -2 to B -3 zoning is located outside of the Urban Development Area (UDA), but inside the Sewer and Water Service Area (SWSA). Currently, the Frederick County Sanitation Authority (FCSA) has begun construction on the extension of a 12" water line and a 6" sewer line to serve this area. Construction should be completed in the fall of 2004. Community and countywide planning policies recognize this area as suitable for development due to its existing M -2, Industrial zoning classification and interstate interchange location. Analysis of environmental and physical characteristics of this property to be downzoned indicates that there is opportunity for development as envisioned for the B -3 use. There are no environmental features that limit the development. Sewer and water service will be provided by the Frederick County Sanitation Authority. All appropriate utilities are available to the site for the proposed zoning and use. The rezoning of the 12.178 acres of the property fits within the guidelines of present planned policy for the area. In summary: The Northeast Land Use Plan identifies this property as being planned for a business development use, and envisions "commercial land uses which cater to the interstate traveler." s,:*s To Winchester, VA US Route 11 Martinsburg, Pike Locational Map Manning Property °a;3[Ide� QZS Triad Engineering, Inc. www.triad winc.com SCALE 0.2 0.1 0 0.2 0.4 0.6 Miles 1:24,000 i 10 August 2004 Current Zoning of Interchange 323 Whitehall 0 0.050.1 1:10,000 Zoning B2 1 IRA B3 1 M1 EM I M2 Key Features Interstate 81 Duncan Run US Route 11 VA/WV Line SWSA Line Woodbine Road (Sec. Rt. 669) Rest Church Rd. (Sec. Rt. 669) Triad Engineering, Inc. www.triad winc.com SCALE 0.2 0.3 0.4 Miles 1 1000, DATE:10AUGO4 itcti i— i:F*t— PSIMITS111 N {,RS OEM MI pa& Virginia/West Virginia Line Current Land Use of Interchange 323 Whitehall Land Use Commercial Industrial Residential Vacant Key Features Interstate 81^- Duncan Run US Route 11 VA/WV Line SWSA Line Woodbine Road (Sec. Rt. 669) .,Rest Church Rd. (Sec. Rt. 669) 0 0.050.1 Triad Engineering, Inc. www.triad winc.com SCALE 0.2 0.3 0.4 1:10,000 1" 1000' Miles DATE: t0AUGO4 Manning Property Impact Analysis Statement 10 August 2004 The property is located along an important transportation corridor. The proposed use results in a decrease in traffic impact compared to a by- right traffic impact under the current M -2 zoning. The proposed downzoning/use also is accompanied with proffers for infrastructure improvements to US Route 11 between Woodbine Rd. and Rest Church Rd. Detailed traffic studies have been conducted as part of the site development process for County and VDOT reviews. The property is located within an interstate interchange area. Environmental limitations are identified allowing for the commercial development as envisioned. Fiscal impacts are recognized and remain very positive for the proposed change of zoning. Comprehensive Plan, Northeast Frederick Land Use Plan The single most important consideration in the proposed downzoning is the Frederick County Northeast Land Use Plan (NELUP). Chapter 165 from the Zoning Code states in the very first paragraph under Intent, purpose; "it is intended that this chapter provide one means to achieve the goals set forth in the Frederick County Comprehensive Plan." The Northeast Land Use Plan is the culmination of "two visioning meetings in January 2000 at the Stonewall Elementary School, votes on identified issues by participants and comments associated with a prepared questionnaire. The Comprehensive Plans and Programs Sub Committee (CPPS) utilized this information to establish objectives for the Northeast Frederick Land Use Plan." Through the years there have been multiple public discussions and hearings on the Northeast Land Use Plan; Planning Commission approval, Board of Supervisor approval, Planning Staff recommendation and much input from land use law experts and citizens. In late 2003, Frederick County again amended the Northeast Land Use Plan to accommodate the Sempeles Rezoning consisting of 112.27 acres located east and adjacent to Martinsburg Pike (Route 11 North) and north and adjacent to Woodbine Road (Route 669). This amendment was approved in order to "Relocate a Planned Major Collector Road (Woodbine) and to propose Business Land Use" (in lieu of M -1 use). The present M -2 zoning of the 12.178 -acre site conflicts_with policies of the adopted Northeast Land Use Plan: Future Zoning and Land Use e..o..o. Zoning B2 B3 RA M1 M2 EM SCALE Land Use 11 I =I I Residential Commercial Industrial Key Features Interstate 81 -^s-^- Duncan Run US Route 11 SWSA Line Woodbine Road (Sec. Rt. 669) Rest Church Rd. (Sec. Rt. 669) Triad Engineering, Inc. www.triad winc.com VA/VW Line 0 0.05 0.7 0.2 0.3 0.4 Miles 1:10,000 1" 1000' DATE: 10AUG2004 Manning Property Impact Analysis Statement 10 August 2004 1. "Proposed industrial land uses should be developed within master planned areas which discourage individual lot access on the Martinsburg Pike (Rt. 11 North) corridor. "Adjacent to railroads." 2. "Proposed industrial, commercial development should only occur if impacted road systems function at a Level of Service (LOS) Category C or better." Current by -right traffic impact for the 9.442 M -2 acres exceeds the proposed impact for the downzoned project. An LOS of C cannot be achieved under the current M -2 zoning, given the by -right traffic impact and the by -right access for some uses, without Rt. 11 infrastructure improvements. This proposed B -3 downzoning and use is in complete and total harmony with the Frederick County Northeast Land Use Plan its adopted policies governing land use and zoning issues. 1. Policies r "Ensure that public water and sewer development proposals" "Ensure that adequate LOS for all road systems are maintained or are achieved as a result of future development proposals" "Provide for interstate business development opportunities on the eastern sides of Interstate 81 interchanges." "Concentrate business uses at strategic locations along the Rt. 11 North Corridor." "Discourage random industrial land uses along Rt. 11 that are incompatible with adjacent existing land uses." 2. Transportation "Identify appropriate locations for signalized intersections to maintain or improve LOS" (Woodbine Road, VA Sec Rt. 669) "Encourage the expansion of Rt. 11 to a four -lane roadway" "Minimizing new driveways and intersections with Rt. 11 North" The Northeast Land Use Plan is site specific, and use specific: "Business and Commercial land uses are proposed along the Martinsburg Pike corridor east side of I -81, Exit 323, It is envisioned that commercial land uses which cater to the interstate traveler will be developed along the I -81 interchange area." "The development of business and commercial land uses is encouraged at designated signalized road intersection." (Rest Church, Woodbine) M-2 9.442 Acres RA 2.736 Acres Total Acreage 12.178 M-2 Zoning 9.442 Acres Rest Church Road VA Sec. Rt. 669 US Route 11 Exit 323 Whitehall Mrs 1Noodbine Road VA Sec. Rt. 669 A 2.736 Acres RA Zor if i e 4tit I RA Zoning M-2 Zoning Duncan Run Current Zonin of the Mannin Pro ert US Route 11 Interstate 81 0 125 250 1:3,600 Scale 500 750 1" 300' 1,000 Feet aP Triad Engineering, Inc. www.triad-winc.com 11/E B -3 SITE onin 1/ with IA 12.178 Acres Woodbine Road VA Sec. Rt. 669 //AL Duncan Run Maili �1 Proposed Downzoning of the Manning Property Site Duncan Run US Route 11 Interstate 81 SCALE o 0 125 250 500 750 1,000 eet d g021p 1:3,600 1" 300' Triad Engineering, Inc. www.triad- winc.com Manning Property B. Site Suitability The site is well suited for development. According to the 2000 Frederick County Comprehensive Policy Plan, the property is within the Interstate Interchange Area. The revised Northeast Land Use Plan (adopted August 12, 2003) labels this property as being planned for a business use. The proximity of the property to US Route 11 and Interstate 81 makes it a highly desirable site for B -3 /IA zoning. 100 Year Flood Plain A portion of the parcel is within the designated areas of the 100 -year flood. This area is located along Duncan Run, which forms the southern property line. No structures are planned within the flood area. Wetlands No wetlands have been identified on the site. There is no evidence of soils or plants in significant quantity to warrant delineation of wetlands. Steep Slopes The property generally slopes to the south and east. The land is situated between two major highways and is gently sloping toward US Route 11 and Duncan Run. Slopes are less than 15 Mature Woodlands The site contains no mature woodlands. Soils There are no critical soil areas on the site. Lnpact Analysis Statement 10 August 2009 Comprehensive Planning The property is located with frontage along I -81, near an existing interchange, is compatible with IA zoning policies and procedures and is within the Frederick County Sanitation Authority's Sewer and Water Service Area. The planned downzoning from M -2 to B -3 (Industrial Transitional) is absolutely compatible with all Frederick County comprehensive planning and land use designations and policies. The Frederick County Northeast Land Use Plan has designated this area for future business development. The planned use of this property is also consistent with Comprehensive Planning guidelines regarding ideal interchange development patterns along I -81. The current zoning of the property is in conflict with the Frederick County Northeast Land Use Plan. Note: The current M -2 zoning of the property is in conflict with the Frederick County Northeast Landuse Plan. A heavy industry zoning district is not envisioned and made part of the Northeast Landuse Plan. B -3 zoning, as proposed, brings this property into conformance with the currently adopted Northeast Landuse Plan and envisioned land use. Manning Property Current M -2 Zoning 1. Allows Rt. 11 access every 200' for trucks and cars 2. No Rt. 11 improvements required No signalization required 3. No shared access No minimization of driveways 4. LOS C not obtained 5. Speculative, random intense uses 6. No proffers (currently zoned M -2) 7. Economic benefits speculative 8. Aesthetics unknown/Multiple random designs no architectural standards Impact Analysis Statement 10 August 2004 Summary Proposed B -3 Zoning 1. Two 40' access points for cars One truck access point, signalized, at Woodbine Road 2. One new 12' southbound lane to Woodbine. Two 250' northbound left turn lanes. Signalization at Woodbine (approximately $500,000 in infrastructure costs to be borne by Manning.) 3. 12.178 acres shared access Shared access with Exxon station 4. LOS C will be achieved 5. Planned non intense use, including massive greenspace and landscaping 6. Proffers 7. Economic benefit $300,000 per year in net revenue to Frederick County. $100,000 per month payroll at $11.50 per hour and up. 8. A Beautiful Facility A planned, architecturally designed facility coordinated grounds with planned controlled access parking Manning Property Impact Analysis Statement 10 August 2004 C. Surrounding Properties The site to bg downzoned is bordered on the north by the Exxon convenience store /service station zoned RA. To the east of the site is US Route 11, Martinsburg Pike, with single family residential homes located on the eastern side of US Route 11 across from a portion of the site's frontage. Also to the east is the Sempeles property, recently rezoned to include 100 acres of Industrial (M -1) and 10 acres of Commercial (B -2). To the south of the site is vacant land zoned RA which borders an auto body shop, recently rezoned to B -3. Along the western side of the property is the northbound lane and exit ramp of Interstate 81. West of 1 -81 is the Flying J, which was rezoned to B -3 circa 1996. Manning Property Impact Analysis Statement 10 August 2004 D. Traffic According to the most recent Traffic Impact Analysis of the property prepared by Mr. John Callow of PHR +A. dated July 20, 2004, the traffic impacts associated with the property development and its projected build -out are acceptable and manageable. All study area intersections maintain acceptable levels of service "C" or better for 2005 build -out conditions. The planned truck entrance to the site will have its centerline aligned with the centerline intersection of Woodbine Road (VA Sec. Route 669) and US Route 11. The applicant has proffered terms and conditions regarding the design of this commercial entrance and its signalization. The property will have 1380 feet of frontage on US Route 11 (Martinsburg Pike), for access. US Route 11 links with Rest Church Road (VA Sec. Route 669), approximately 350 feet north of the site. US Route 11 is a three -lane road that has an 80 -foot right -of- way. Rest Church Road is a four -lane road with an approximate 60 -foot right -of -way width and taper; there is an additional right -of -way at I -81 and US Route 11. The intersection of US Route 11 and Rest Church Road is signaled, with a dedicated turning lane in both directions on US Route 11. Rest Church Road intersects with I -81 (Exit 323) approximately 250 feet from US Route 11. The applicant has proffered terms and conditions regarding the frontage along US Route 11. A complete Traffic Impact Analysis has been prepared and reviewed with VDOT. A copy is attached and made part of this application. Manning Property E. Sewage Treatment Impact Analysis Statement 10 August 2004 There are no known limiting factors for the conveyance of sewage and sewage treatment from this property. The site is located within the Sewer and Water Service Area (SWSA). A 6" sewer force main is being constructed along US Route 11 to serve this area and should be completed in the fall of 2004. The applicant has reserved 12,000 gallons per day capacity with the Frederick County Sanitation Authority (FCSA). Manning Property Impact Analysis Statement 10 August 2004 F. Water Supply There are no known limiting factors for supplying this site with water. The site is located within the Sewer and Water Service Area (SWSA). A 12" water line is being constructed along US Route 11 to serve this area and should be completed in the fall of 2004. The applicant has reserved 12,000 gallons per day capacity with the Frederick County Sanitation Authority (FCSA). Manning Property G. Drainage Itnpact Analysis Statement 10 August 2004 The site has no identified drainage problems. The southern portion of the site is located within a recognized flood area along Duncan Run. The property slopes generally from the west to the east and drains south toward Duncan Run. There are no streams or ponds located on the site, except Duncan run that forms the southern property line. An increase in storm water runoff can be expected with any development on the property. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. Further, the stormwater facility will be designed and engineered so that the quality and quantity of stormwater retained and discharged will meet all applicable environmental and development standards. Manning Property Impact Analysis Statement 10 August 2004 H. Solid Waste Disposal Facilities No additional solid waste disposal facilities will be required for the proposed development. Tipping fees are $38.00 per ton. A private solid waste hauler will handle collection. Manning Property Impact Analysis Statement 10 August 2004 I. Historic Sites and Structures The site contains no known historic sites or structures as listed on the National Register. Manning Property J. Community Facilities Education A positive fiscal impact to education facilities is anticipated. Impact Analysis Statement 10 August 2004 Emergency Services The Frederick County Sheriff's Department provides police protection. The fire and rescue facility designated to serve this site is the Clearbrook Fire and Rescue Company located south of the site in Clearbrook. No additional fire and rescue facilities will be required for the area proposed to be rezoned. Parks and Recreation A positive fiscal impact to parks and recreation facilities is anticipated. REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A-((AD-13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District Manning Property Preliminary Matters Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant hereby proffers the following terms and conditions in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 9.442 acres from the Industrial, General District (M2) designation to Industrial Transitional District (B3) Interstate Overlay District (IA) and 2.736 acres from the Rural Areas (RA) designation to Industrial Transitional District (B3) Interstate Overlay District (IA). The total acreage of Industrial Transitional District (B3) with IA would therefore be 12.178 acres. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 12.178 acres, with frontage along US Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from M2 and RA to B3 and IA, the undersigned will pay to Frederick County, at the time a building permit is issued, the sum of $10,000. This monetary proffer provides for $5,000 for Clearbrook Fire and Rescue and $5,000 for Sheriff's Office. Site Development Plan The development of the subject property and the submission of any Master Development Plan or Site Plan shall be in conformance with all pertinent County regulations. Voluntarily proffered is the attached Architectural Concept Plan including the following improvements: REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District f. Manning Property (See attached architectural site plan, hereby proffered and made a part hereof) Street Improvements a. Along the property frontage on U.S. Route 11 (Martinsburg Pike) to Woodbine Road (VA Sec. Rt. 669), the applicant shall construct curb and gutter and storm sewer with a 12' lane widening consistent with VDOT commercial entrance standards. b. The applicant shall construct a commercial truck entrance to VDOT standards with centerline intersection aligned with the centerline intersection of Woodbine Road (VA Sec. Rt. 669) and U.S. Route 11 (Martinsburg Pike). The applicant shall also construct two (2) 40' commercial entrances for automobiles. c. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/U.S. Route 11 intersection. The timing for ultimate signalization of the intersection will be determined by VDOT. d. The applicant shall construct two (2) 250' left turn lanes on US Route 11 (Martinsburg Pike) for traffic turning onto Rest Church Road (VA Sec. Rt. 669) from US Route 11 (Martinsburg Pike). e. All US Route 11 (Martinsburg Pike) improvements will be consistent with VDOT standards See Architectural Site Plan made a part hereof Design Features a. Facade materials of all buildings shall be constructed of concrete masonry (CMU) brick, architectural block, dryvit or other simulated stucco, real or simulated wood or glass. b. All buildings within the development on the property shall be constructed using compatible architectural style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District Manning Property d. See Architectural Site Plan made a part hereof. Additional Site Proffers a. Stormwater runoff resulting from improvements constructed within the Duncan Run Watershed shall receive treatment as required by the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of stormwater control existing under Virginia law. The stonnwater pond shall be lined with impervious liner materials to preclude any possible groundwater impacts. b. All utilities shall be underground. c. No structures shall be constructed within the Flood Plain along Duncan Run. d. A 25' landscaped green strip along US Route 11 (Martinsburg Pike) frontage portion of site. e. Green space shall equal or exceed 25% of site as required. f. Applicant will share access with the adjacent Exxon Convenience Store at Exxon's discretion (see Architectural Site Plan). The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: By: T. Pat Manning Audrey A. Manning Date: Date: REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A-((AD-15A Stonewall Magisterial District By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Manning Property The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Rezoning Fees: $1000.00 base fee $50.00 per acre $50.00 per acre x 12.178 acres $608.90 $1000.00 base fee 608.90 acreage fee 50.00 refundable fee for sign (see note below) $1658.90 total fee for rezoning Note: There is a $50.00 refundable fee for the `Rezoning Hearing' sign that must be placed on the property as soon as the application is filed. v•s /5::2 ZCI:F.D: 8-3 IR I• FOB tit 9'55'11"E 1316.46' (TOTAL) 446.98' INT. 81 LIMITED ACCESS HIGHWAY (R /W VARIES) s '"1 N Sa•09'1.4 "W CC I 84.14' PNT Cep MAUEL C. DEHAVEN ;ADJUSTED PARCEL 91 'f 3.7877 AC. N •1 ROC USE: VACANT 1444'23'lo "W JFRI 122.17' rROPERrr LINE CIO 1182'34'57`- Y 49.01' rH T n t t PN1 s N55'49'08"1 PUT RTE. 1 1 frj (R/W VARIES) 1 w 1RRS I 1 IIERERY CREATED p 1 N77'54'20 "W I z rat MIVDI1ry w. JiUHNSO:rl 134.01' t ti 1.1 3,1 PRCI. 73 R45/=u7 1 FM Os ;p urr, II N8T04'34"W r.1 'U:iC: COM,v,CB;;■:f 58.50' 120.5 293.2 U7 IPF (TOTAL) 2 1, "W 733.6 MANUEL C. DEHAVEN ADJUSTED PARCEL 12 10.5180 AC. USE: VACANT PLAT SHOWING BOUNDARY UNC ADJUSTMENI BETWEEN THE LAND OF MANUEL C. DEHAVEN STONEWALL MACiS1ERNL D15TRIC1 FREDERICK COUNTY, VIRGINIA DATE: JUNE 9, 2003 SCALE 1" 100' TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 007-9300 FAX (540) 667 -2260 SHEET 2 OF 4 07 -03 -0251 itar IRItS 2 0'21"1 IRs I 'PUS '0 I F INT. 81 LIMITED ACCESS HIGHWAY (R /W VARIES) N19'5S'11`L 1316.46' (TOTAL) 869.49' r. r I Y N 1 A U 1 N i L 4- IN 1 --a. VDH a r MON. FND. 1 i 20•5a ST2'51 733.00' (1 of 41.) y W R VARIES) 200 San MANUEL C. DEHAVEN ADJUSTED PARCEL 12 10.5180 AC. USE: VACANT r NOTE: SEE SHEET 4 OF 4 FOR CURVE TABLE. REF its 33A PRCL 13 49 823 /PG 11.0 ZONED: R4 use RETIDENTLAL 1M 3M PRCL 14 INST. 140. 020010177 ZONE: RA USE RE510EN11M. IM 53A PRCL 15 DB 512 /PC 56 ZONED: RA USE RESIDENTIAL. TM JSA PHCL ISA INST. NO. 990004212 ZONED: RA USE RESIDENTIAL OWNER GIwFLt 14041UERS CECRCF. SEMPEI ES W.D. a: OOR011rc ORNDORFF NELLIE M. OSBOURN ,TUNE 9, 2003 PLAT SNOWING OOUNCWTf LINE ADJUSFMENf BETWEEN THE LAND OF MANUEL C. DEHAVEN 51Ot4 WALL MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA DM E: JUNE 9, 2003 SCALE: 1 100' TRIAD ENGINEERING, INC. 20D AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667 -9300 FAX (540) 667 -2260 SHEET 3 OF 4 07 -03 -0251 o.: N19'S5'/rE 1316.46' (TOTAL) YON LIM( f0 'NT, 87 ON. FRG. C SS 869.48 4 14. 22' VA aS FUGy 4 2�£ ssr_ ES Q MANUEL C. DEHAVEN ADJUSTED PARCEL 12 10.5180 AC. USE: VACANT �1 PROPERTY LINES r HEREBY VACATED J`G I U RF r^ RS rSl9 cn 43.03' I to tI.N. 1612KHOUSGR to GO. IM 33A ITC!. 11 N19'06'15% IRS J 1 175.36' Ifif v 1 r- g31CUJAL z J7 Z P NCO; M 2 N g !ut VMSr' `:ACAN'T IRS IRS .r. RTE. 11 (R /W VARIES) 200 300 IRS S20'54'31 'V 115.12' NUMBER C1 u C3 DELTA ANCtx 08'02'31' 00'33'34' or29't ARC IDIOM 810.55' 5833' 73403' RADIUS 371933' 571933' 576933' TjM1(KT 405.84' 18.16' 377_55 CHORD OItECfCN S CAS'OCW 320'lr4CW SIr36'19'W utORD LENGTH 109.69' 38.37' 753.49' IRKS P08 S17.40'ICW 57.00' a m ',,sm LTH �I. f MID F. SPRIGGS 5 R3 111".x5' ►r JUNE 9, 2003 00 3I r: PIAI SH(7NINC BOUNDARY LIME ADJUSTMENT BETWEEN USG: COMMERCIAL THE LAND OF MANUEL C. DEHAVEN STONEWALL MAGISTERIAL DIS1RICT FREDERICK COUNTY. 'VIRGINIA DATE: JUTE 9, 2003 SCALE: 1' 100' TRIAD ENGINEERING, INC. 200 AVIATOR DRIVE WINCHESTER. VIRGINIA (540) 667 -9300 FAX (540) 667 -2260 SHEET 4 Of 4 07 -03 -0251 MT. Of small ACUSS NIONWAY (VW VAOI(S) .rY.Yrt�un MY.11•• r� on( i WSW N .n %x6..?.., A LIONEL C. OEN&VE'I 'i t 8 A)JItSYEO VSPCEL 01 Al s.Ynn AC. Y4, tiara. IWCJIt r 0rM*VEr/ ACl1::[o rAYrr'. oz 10.51.03 A cwn1 —1" IYOIL ncst .1..11..7 I M 112.,1 I intIVO Y 1 1 w <1 i 1 "Oa. C <Ml w A 1 1f1 0 +UUC 77 “.C• swot rin) r .ro 11 .r 1 C. 11 (YI .y YA1ff.1) Yenta •np 50 •••r.• _.,O •n0 Ma3 INT. 41 INFO ACCESS MICNWAY (R/W VAFIES) V1f MILS. IMUH) -•w.. rte Hrvtrr 'Inn N w awa n m?r0 4 O) !enrol.- vm,„frayaity4r JV swim C. CCNAYp1 AO1VSII0 PAACEL 12 0 1041110 AG- L4, VOW, y aht or 1 y.v1 RH. 11 W volt r.nn w Yalta art d'r fK y nomnang$ <v f to n .11 f n ma W. a O1fIri or To be completed by Planning Staff Fee Amount Paid Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: T. Pat Manning Audrey A. Manning Telephone: 636 947 -0255 Address: PO BOX 580 C /O: MR. PAT MANNING ST. PETERS, MO 63376 2. Property Owner (if different than above) Name: T. PAT MANNING AUDREY A. MANNING Telephone: (636) 947 -0255 Address: P.O. BOX 580, ST. PETERS, MO 63376 3. Contact person if other than above Name: PAT MANNING 4. Checklist: Check the following items that have been included with this application. Agency Comments f Fees Location map Plat Deed to property Verification of taxes paid REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 1 1 11 Telephone: 636 947 -0255 FAX: (636)-896-0197 Impact Analysis Statement Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: T. PAT MANNING AUDREY A. MANNING 6. A) Current Use of the Property: VACANT and RESIDENTIAL (RA PORTIONS) 13) Proposed Use of the Property: GASOLINE SERVICE STATION (SIC 5541) 7. Adjoining Property: (See Attached Site Plan) PARCEL ID NUMBER USE ZONING 33A- (A) -11 COMMERCIAL RA 33A- (A) -25 VACANT RA 33A- (A) -26 RESIDENTIAL RA 33A- (A) -27 RESIDENTIAL RA 33A- (A) -27A RESIDENTIAL RA CONTINUED ON ATTACHED SHEET 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Approximately 350 feet south of the intersection of VA Secondary Route 669, and US Route 11, Martinsburg Pike, located between US Route 11 and 1 -81 and continuing south to Duncan Run. This property is south of Exit 323 (Whitehall Exit). 12 ADJOINING PROPERTIES (CONTINUED) PARCEL ID NUMBER 33 -(9) -1 33A- (A) -28 33A- (A) -29 33A- (A) -30 33A- (A) -31 33A- (A) -33 33A- (A) -34 33A- (A) -91 (adjusted) 33A- (1) -22 33A- (1) -23 33A- (1) -24 34 -(A) -2 USE ZONING COMMERCIAL B -3 RESIDENTIAL RA RESIDENTIAL RA RESIDENTIAL RA VACANT RA RESIDENTIAL RA VACANT RA VACANT RA RESIDENTIAL RA VACANT RA RESIDENTIAL RA VACANT B2 Adjoining Properties to the Manning Property Duncan Run Manning Site Exit 323 Whitehall 33A- ((A)) -11 1 34-((A))-2 I 33A- ((A)) -34 I 33 ((A)) -33 I 33A-((A))- 1 33A- ((A)) -30 Mili qz/z/z/w///// Enaaresom Manning Site US Route 11 Duncan Run Interstate 81 0 125 250 1:3,600 Scale 500 750 1,000 1" 300' Feet Triad Engineering, Inc. www.triad winc.com Acres Current Zoning Zoning Requested 9.442 M -2 B -3 and IA 2.736 RA B -3 and IA Total acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information conceming the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number SEE ATTACHED SHEET Magisterial: Fire Service: Stonewall Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: Frederick County Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed Number of 1 Jnits Propos Single Family homes: N/A Townhome: N/A Multi- Family: N/A Non Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: Service Station: 8400 Retail: Manufacturing: Restaurant: Warehouse: Other: 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 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. Applicant(s): Owner(s): T. PAT MANNING AUDREY A. MANNING T. PAT MANNING AUDREY A. MANNING 14 Date: Date: Date: Date: Name and Property Identification Number Address Name Funkhouser H.N. and company P.O. Box 2038, Winchester, VA 22604 Property 33A- (A) -11 Name Semples, George M. and Carol T. 331 Woodbine Road, Clearbrook, VA 22624 Property 33A- (A) -25 Name Pope, Leslie Osborne 136 Jordan Drive, Winchester, VA 22602 Property 33A- (A) -26 Name Ellis, Dolores Esther 4568 Martinsburg Pike, Clearbrook, VA 22624 Property 33A- (A) -27 Name Molden Real Estate Corp. 2400 Valley Avenue, Winchester, VA 22604 Property 33A- (A) -27A Name Helsley, Roger L. and Phyllis A. 497 Front Royal Pike, Winchester, VA 22602 Property 33A- (A) -28 Name Curry, Thelma M. and Robin A. Light 4592 Martinsburg Pike, Winchester, VA 22624 Property 33A- (A) -29 Name Kitts, Fred Milton and Rebecca A. 4600 Martinsburg Pike, Winchester, VA 22624 Property 33A (A) 30 Name Smallwood, Donald Y. and Barbara N. 108 Juliet Lane, Bunker Hill, WV 25413 Property 33A- (A) -31 Name Larrick, Delmar B. Jr. and Cynthia K. 4622 Martinsburg Pike, Clearbrook, VA 22624 Property 33A- (A) -33 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -way, a private right -of -way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. 15 Name and Property Identification Number Address Name The Rainbow Group 1908 S. Loudoun Street, Winchester, VA 22601 Property 33A- (A) -34 Name Jennings, Thomas Roy and Mary P. 4514 Martinsburg Pike, Clearbrook, VA 22624 Property 33A- (1) -22 Name Shanholtz, Sharon A. 3733 Dort Place, Columbus, OH 43227 Property 33A- (1) -23 Name Shanholtz, Sharon A. 3733 Dort Place, Columbus, OH 43227 Property 33A- (1) -24 Name Semples, George M. and Carol T. 331 Woodbine Road, Clearbrook, VA 22624 Property 34 (A) Name DeHaven, Manuel C. 4273 Martinsburg Pike, Clearbrook, VA 22624 Property 33- (A) -91 Name CFJ Properties DBA Flying J Travel Center P.O. Box 150310, Ogden, UT 84415 Property 33 (9) Name Property Name Property Name Property Name Property Name Property 11 Name Property Name Property 16 Date 11/03/03 Trans. T Name: Name 2: Address: Zip: DesC: Original ype: PAY Dept /6i RE2003 DEHA��E'NUEL G. 4273 MARTINSBUR PIC CLEARC3RO K. VA. 22� g24 1532 .49 CR $23 000 Impr Land: Creel Bill: $83.95 PaYme istor, ry Tr r N- un ber Date Ltag fawer 5/06/2003 CI1G 6/04/2003 PAY LMM F3 =Exi 3628 Time 14:10: COUNTY OF FREDERICK O ccourtt 000006295 Cust.Transactions: t 0076630001 11/03/2003 BiBill Date: 6/06/2003 1 11/03/2003 Half: Map 33A A 12 MMMMMDDSSLLL .49 Dist/Cls 05 01 Acreage: Mortg.Co.: 0000 SSN: 900 0 000 44 220 Status: Use: $0 ove: S0 $83.95 Discount: 5.00 its: u ry g a ce Trani pm ti t $83.95 $83.95 $,0o $83.95CR F13= Gomments /Value /Refund Rea Date: 11/03/03 Trans. Type: PAY Name: ROOMERS. Name 2: Address: SS 4 725MART�NSBURGh 1 PIKE CLEARBROOK. VA Zip: 22624 1408 Desc: 33 ACRE F3 -Exit 00 Improve: Land: Original Bill: 0= a Type Drsavar. 6/06/2003 CHG 6/06/2003 PAY LBX 198.93 credits: RI COUNTY-OF FREDERICK tint 000006297 Cust.Transactions: 2003 04 �c 0284"4 28#: 400001 P, I Date: 11/03/2003 1 1 03 3 4 Bill Date: 6/06/2003 Half: 1 Map 3 A A 13 MMMMMDDSSLLLLS 01 .33 Dist /Cls 05 Acreage: Mortg.CO.: SSN: Q.Q A 00 00 000 00 0000 Status: --U $0 $27,50 $.00 93 Discount: e Trans# Checic Number Trans $198.93 $198.93 $198.93CR $.00 39715 0000080021231 omments F13 Value/Refund Reason 0 r•4 O N T CO ri o CS t r C O r 4-I C00 0 0 0 1- 003 L 0 O L o y- tO T 0 U 4-' 0) Q N _t {0 H r 6 •rl 6 'L. CO 0 0 r 0 0 a 0 t- ti 0 N 0 0 O 0 0 0 C$ N 0 0 ri 00 d -.1 0 0 0 0 0 T- -I -r1 0 0 0 C Q D O O0 001 0 0 0 OI41 N 0 6 r N o 4t a O 0 0 46 t6 U N c v N c L Q 4' 4- 0 0 0 Q L 0 r ri 10 •ri t CO O: 4.0 0 011 Q 2 d 0 tU CO 2 I- W ..1 0 a W 1 0 Y x S r CO d t�-i Q C% 0 •.a UiN ZIDC) 0 G C 7 N >1 P T C) N N C') CD C 2 E L to i t Z Q a o 0 N d 0 0 0) >1' O 'el C. "O 0. E H 0 N 6 r 0 tO 6 r N 30 Cr }rI CJ N OI aD 0 EI N N iffr th C') L r. L N N L 01 L 0 a. 0 0 0 0 6 0 N N 4- 0 It 0 O r 6 r U to ft CV 0 E 0 c C L 0 13 Z 0 r-I 0 0 0 0 Cr- V' 0 al E ai 0 0 0 CO -r3 0 O N 1.0 J N (D H Jn (0 L O (0 0 0� F- CO p 0 0101 r 0 0 z CJ m CI0 r_) 0 0 C) S N o 00 (7 r1 (0 -4 rl 11; O 0. al 0 O L O r O O Z 0 0 t0 0 C) 0 0 r t O i 0 N 0 0 0 N 0 0 0 0 00 S in i) N 0 O O ru)S r♦ m N3 0 X d' IY) o r w ait W (0 J tti 0 N N 0) C 0 01 0 0 'r4 4) N tU 0 7 3 o U 0 0 in O 0 Ct) Z 0 0 0>00 a0 u) to 4 w 0) K 0 r L r S U 4J (4S Q L a N 0 O .1 't a. N E L 1) 'II 0 O(0 C. 0) Y N 4 LI CO 0 0, CU Ct (7 Y .1/4, 1-4 J CO CO Cr) 0 0 00 0 N N N 0 OP 0 0 N p r O U) Date: 'R.. ,03/03 eco u nt 000006299 Cust.Transactions: Trans. Type: PAY Dept /Bill4: RE2003 00249650001 P/I Date: 11/03/2003 11/03/2003 Name: OSBOURN. NELLIE M Bill Date: 6/06/2003 Half: 1 Name 2: Address: 4535 MARTINSBURG PIKE CLEARBROOK. VA Zip: 22624 1527 Deso: .50 ACRE TAE Land: Original Bill: $27,000 $13.80 Date Type Drawer Trans# 6/06/2003 CHG 5/08/2003 PAY COS 21263 teas 'RegisEter, Improve: Credits: COUri OF FREDERICK Pr &It "I.nuilr; z Mapf: 33A A 15A MMNIMMDDSS LL LLS Acreage: .50 Dist/Cls 05 01 Mortg.Co.: SSN: 000 00 0000 000 00 0000 Status: $48,600 Use: $0 $13.80 Discount: $262.14 Chefl Number Trans. Amount $13.80 $13.80CA Time: 14:11 :19 Balance $13.80 $.00 F3 =Exit F13= Comments/Value /Refund Reason COMMONWEALTH OF VIRGINIA 0 ti a If i 1 DEED rr�� r v THIS DEED, made and dated this (1/ day of June, 2003, by and between 14N JEL C. DEIIAVEN, party of the first parr, hereinafter called Grantor, and T. ?A_RLC MM MTNQ and AUDREY A. MAMUJRQ husband and wife, parties of the second part, hereinafter called Grantees. t4TNE$SETy: That for an,^', in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English ..ants of title, in fee simple, unto the Grantees herein, as tenants by the entirety with common law right of survivorship, it being the intent that the part of the one first dying should t belong co the other, all the _following described real estate: All that certain tract or parcel of land described as ccntaininc 10.518 acres, more or less, according to plat of survey prepared by David F. Spriggs, L.S. No. 16E3, dated the 9`" day of June, 2003, attached hereto and by chic reference made a part hereof, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia. And being of the same real estate Manuel C. Leaven acquired the one -half interest of Ruth Ann Deraven, Widow, by deed :fated the 28;h. day of May, 1974, of record in the Office of the Clerk c_ the Circuit Court for Frederick County. Virginia in Deed Book =30, at Page 137. Manuel C. Deilaven having acquired the other one -half undivided interest in the real estate by prior deeds referenced in the aforesaid deed. Reference is hereby made to the aforesaid instruments and the references therein contained for a further and More particular description of the realty herein conveyed. This conveyance is made subject to all legally enforceable right0 of way, easements, restrictions, end Covenants of record, if any, affecting the same. The Granter covenants that he has the right to convey said real estate to the Grantees; that the Grantees shall have quiet and peaceful possession of said real estate; and that the Grantor will execute such further assurances of title as may be requisite. 4WITNESS the following signature(s) and seal(s): MANUEL C. D F[AVEl Grantor STATE OP VIRGINIA City of Winchester, to -wit: i The foregoing Deed bearing the dace of the 1 day of June, 2CO3, was acknowledged before nee by Manuel C. Deldaven, 0 of June, 2003. Commission expires: a /o' PWLo. This instrument wes prepared by Clinton R. Ritter, E2q., 205 E. Boscawen St.,Winchester, VA 22601., without the opportunity of a title examination, licrpaN4ne; SI. :Atzm ?f;7. t3ox 2397 Mine *:e VA 22e04 Phcre 40.t6?.! JC'D FAX 540447-2260 DESCRIPTION OP A PORTION OF THE PROPERTY OF MANUE1, C. DEHAVEN STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Beginning at the north western corner of the tract herein described said point being an iron rod re -set, a corner to H.N. Funkhouser Co. and on the easterly right -of -way line of Interstate 8I. Thence departing said easterly right -of -way line of Interstate 81 and running with said H.N Punkhouscr Co. the following courses and distances: S78 34'-53'2, 112.79 feet to an iron rod sec, S19*- 35' -O7 "W, 43.03 feet to an iron rod found, S17 40' -I8 "W, 67.00 feet to an iron rod found, 569 23' -42`E. 124.58 feet to an iron rod set, said rod being on the westerly right-of-way line of State Route 11. Thence departing said H.N. Funkhouscr Co. and running with said westerly right-of -way line of Slate Route 11 the following courses and distances: 520a- 54'-31 W, 115.12 feet to a iron rod set, 810.35 feet along the are of a curve to the left. said curve having a radius of 5769.53 acct a central angle of OB'- 02' -51" and a chord which bears S16 53' -06 "W 809.69 feet to a VDH monument found, Sl2°- 51' -40 "W, 49,99 feet to a iron rod found said rod being a corner to \tr.D and Dorothy Orndorff. Triad Engineering, inc. f *ettu a it ,crsto ar, Vhn;tre5ter Hivrisen wrc Pu•eNWillh, Pnrrwtivaria V4rrflu ^r Virc lune 9, 2003 'Page 2 Thence dcpaning said westerly right -of -way line of State Route 11 and running with said W.D and Dorothy Orndorff N72 54' -39 "W, 271.61 feet to an iron rod set. Thence continuing with said W. and Dorothy Orndorff and with the stone fine extended with Nellie M. Osbourn S09'- 20' -21 "W passing through an iron rod reset al 167,93 feet, 290.50 feet in all to an iron rod reset. [hence continuing, with said Nellie M. Osbourn S77°- 09'- 39 "L•. 253.02 feet to an iron pipe found said pipe being on the aforementioned westerly right -of -way line of State Route 1 i. Thence departing said Nellie M. Osbourn and running with said westerly right-of-way line of State Route 11 S12 51' -40 "W, 293.24 feet to the center of Duncan Run. Thence departing said westerly right -of -way line of State Route 11 running with the center of Duncan run through the property of Marine! C. Deltaven the following courses and distance: N82 04' -34 "W, 58.50 feet to a point, N77°-54'-20"W, 134.01 feet to a point, N82 34' -57 "W. 49.00 feet to a point, N44 23'•10'W, 122.17 feet to a point, N54 09' -24 "W, 84.14 feet to a point, N55 49' -O8 "W, 35.99 feet to a point, said point tieing on the aforementioned easterly right -of -way line of lntcrstatc 81. Thence departing Duncan Run and running with said easterly right -of -way line of Interstate 81 N19°-55'•11"E, 869.48 feet to a V D1'1 monument found and N33 22' -42 "E, 557.39 feet to the point of beginning and containing 10.5180 acres more or less. This description is subject, however, to all casements, rights -of -way, and restrictions of record. 03001371 :1 one part, /WINING and PJJDREY A. MANNING, husband and wife, of the other part, hereinafter called the Grantees ;iITNESSETH: That for and it consideration of the :,um of her. Froilers 1$10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant And convey with general warranty and English covenants of title, unto the Grantees, ioi :qtly, as tenants by the entirety, with the right cf survivorship, as st cord:!n law, All of that certain let 0: parcel of land, together with all rights, rights of way, improvements thereon and appurtenances thereunto belonging, lying and being situate or the Western side of J. S. Highway ho. li, near Rest Church it stonewall Magisterial District, Frederick County, Virginia, and being bounded as follows: Beginning at an iron pin in the Western Highway boundary Line of the Martinsburg ?ike, a corner to Garrison's other land, which pin is Located by measuring 53.00 feet Southwa_Clr y aln g the said line from an iron: pin corner to the Hoffman ].and, also by measuring 103.25 feet South'wardly along the said Line from a V. IL D. marker, running with the two following lines of the said other land N E`, 05' W 200 feet to an iron ner„ then S 20 0' W 54.25 feet to an iron pis: corner to the Glenn A. Curtiss, Jr., loC; thence, with the Northern line of the said 1ct S £r 05' E 200.00 feet to an iron pin in the Highway boundary line; thence, with the said line N 20 30' E 54.25 feet to the beginning; containing 10,618 square feet. This is the same property conveyed to sirs. Grace E. Roomers, 1 0 Ceri cn THIS DEED made and dated this o: day of 2003, by and between MSS GRACE E. ROOMERS, of the hereinafter called the Granter; and T. PATRICK widow, and Miss Grace E. Roomers, single, as 'dint tenants with the right of survivorship between them, it beinc intended that the part of the one first dying shall ass to C. ^.e survivor, by Deed of Gift dated July 20, ViiiGUC, Ftt!LDEWC c:CC)li:`TY, :1ris itomomer ;i ate -itUrg vas pmmduecd to me Ott :Y :Y .tr :i g i „;;k;;;' :�.IP rn t a ii 1. wat: d <O h.t^rcl, T inp vd by Sec. S5.1.8G2 of 4 7a „d;;g ;have hx i paid, ii':esv ^i 4k t. 7�j1( y.y ,Clerk 0 Cif Cog '94, from Mrs. Grace E. Roomers, Widow, said Deed cf record in the Clerk's Office cf the Circuit Court of Frederick County, Virginia, in Deed Bock 823 at :age 1159. The said Irs. Grace E. Roomers died on December 14, 3995, thereby vesting title to the aforesaid property in the name of the Grantor herein. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property. WITNESS the following signature and seal: l c )i, I e J ISEALI M ss Grace F. T-ornery STATE of VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged under oath before me this day of v �s- 2003, _Frd Miss Grace E. Roomers. 't11 11y commission expires t? \L1.0 tc. A Nctary `Ptr'iC F zM E: K 7 FATACEK LEralu b e 2 AEC 2. E \)EE 2: E CF CANT min: %ea ATSKAI %r 9; mg COMMONWEALTH OF VIRGINIA CiETE 5 AFTECCA R e2ICKK zP R RECEIPT: ate AT 1E:12 Ell UT: e 7 4/22/02 F'ACES: NAMES: MP i rEmE TECEKECC32 to TFM 0 :001371.6 TAX MAP NO, 33A -A -14 THIS DEED, made and dated this 4:1n) day of June 2003, Prepared by: Mark E. St.,ve ;e, P.D. Box 1731, iincheawcr, VA CD cn Ln by and between GEORGE M. SEMPELES and ROBERT W. SIMIIIO1N1 .5, parties N of the first part, hereinafter called the Grantors, and T. PATRICK HAMMING and AUDREY A. MANNING, parties of the second part, hereinafter called the Grantees. NOW THEREFORE, WITNESSETH: That in consideration of the sun o of Ten Collars ($10.00) and other valuable consideration, the v w Grantors do hereby grant and convey in fee simple absolute, with W o„ General Warranty of Title and English Covenants of Title, unto c :0? the Grantees, jointly, as tenants by the entirety, with the a intent that the survivor shall take the tee simple title by Or a v..a common law right of survivorship, together with all rights of A. way, privileges, appurtenances and improvements thereto A ti a belonging, and subject to all easements and legally enforceable n q restrictions of record affecting the following real estate: a. c All that certain lot or parcel of land, containing 1],964 square feet, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the western side of Martinsburg Pike, U.S. Highway No. 11, near Rest Church, in Stonewall Di strict, vrederick county, Virginia, fronting on said highway a distance of 60 feet, and extending hack Westward between parallel lines a distance of 200 feet. AND BEING the same property conveyed to George M. Sempeles and Robert W, Simmons, by Deed from Elwood R. Ruble dated June 21, 2002 and recorded in the aforesaid Clerk's office as instrument No. 020010177. This conveyance is made subject to all rights, rights of way and restrictions cf record, affecting the subject property. Witness the following signature and seal: STATE OF VIRGIN at large L' f'Y /COUNTY of N-ZV"-- to -wit 1 t• ni a Notary Public in and for the State of Virginia, do hteby certify that GEORGE M. SEMPELES whose name Is signed to the foregoing instrument has personally appeared before me and acknowledged the same in the State and jurisdiction aforesaid. Given under ny hand this r: day of June, 2003. ta My commission expires: rtC�it Notary P STATE OF VIRGINIA, at large G-1- of e ZEda.wr.l'- to -wit: i f.6e.aa A Da ke a Notary Public in and for the State of Virginia, do certify that ROBERT W. SIMMONS whose nave is signed to the foregoing instrument has personally appeared before me and acknowledged the same in the State and jurisdiction aforesaid. Given under my hand thi a day of June, 2003. My commission expires: t5•31 -03 t'IRGIN3.i: FREDFRif. C O N. SCT, instrumcm oC uT €tiuv was protinnati nit en iiie of ♦ter _anti is. j. r haw S,: co Uii! Atte-he-is( n Cork GEORGE S PELES ROBERT W. SIMMONS 2 of CLS"+J1L" otar Public 01 cn 01 flan tint O m: DEODEFF. TL Q.1 te K E :r w U et1 E L OBE @A f z m ih COMMONWEALTH OE VIRGINIA 7 a r ECOTRA, DATE 70 r r 3 i FArD eE r m C m m m !a m ,mom &m FMC- CAME m. tLERK 5 fiEECLA EA I M: e a 9 2. ;m AT 2 J:= e:!» w t c u o i J 0 030013715 TAX MAP NO. 33A -A-15 0 THIS DEED, made and dated this day of June 2003, by and between DOROTHY L. QRNDOR.FF, widow, party of the first part, hereinafter called the Grantor, and T. PATRICK MANNING and AUDREY A. MANNING, parties of the second part, hereinafter called the Grantees. NOW THEREFORE, WITNESSETH: That in consideration of the sues of Ten Dollars ($10.00) and other valuable consideration, the Grantor does hereby grant and convey in fee simple absclute, with General Warranty of Title and English Covenants of Title, unto the Grantees, jointly, as tenants by the entirety, with the intent that the survivor shall take the foe simple title by common law right of survivorship, together with all rights of way, privileges, appurtenances and .improvements thereto i M belonging, and subject to all easements and legally enforceable a a restrictions of record affecting the following real estate: a a All that certain lot or parcel of land, situate along the s 7 western side of nartinsburg Pike, L.S. Route No. 11, near Rest a s. C hurch, in Stonewall Magisterial District, Frederick County, a. c f Virginia, fronting on said highway a distance of 53 feet and being more particularly described as follows: Beginning at the northeast corner of the lot along a westerly line adjacent to M.G. Hoffman Land a distance of 269 feet; thence along the southerly line adjacent to M.G. Hoffman Land a distance of 167 feet; thence along an easterly line adjacent to land now or formerly owned by Bennie W. Garrison and Beulah M. Garrison, his wife, a distance of 67 feet; thence along the northerly line adjacent to the western most boundaries of the lands of Elwood Ruble and Robert W. Clark a distance of 114 feet; thence along an easterly line adjacent to the southern most boundary of the land of Robert W. Clark to the said highway a distance of 200 feet; thence along a northerly line adjacent to said highway a distance of 53 feet to the point of the beginning. :repa_ed by: Mark E. s_ivers, P.O. sax 173'x, Winchester, VA AND BEING the sane property conveyed to W. D. Orndorff and Dorothy Orndorff, his wife, by Deed from Reggie A. Collis and David L. Collis, her husband and Donnie Lee Cain and Helen Cain, his wife, dated May 25, 1979 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 512 at Page 56. W. D. Orndorff, Sr, died December 3, 2000, thereby vesting title in subject property in Dorothy Orndorff, as surviving tenant. This conveyance is made subject to all rights, rights of way and restrictions of record, affecting the subject property. Witness the following signature and seal: 96414739 V DO ROTH Y ORN DOR F FV STATE OF VIRGINIA, at large CITY /COUNTY to -wit: a Notary Public in and for the State of Virginia, do hereby certify that DOROTHY L. ORHDORFF whose name is signed to the foregoing instrument has personally appeared before me and acknowledged the same in the State and jurisdiction aforesaid. Given under my hand this cr.) day or e, 2003. @CSN v, Notary Puf 1c:_" .`0 4:`.• by commission expires:li: va1Q U'::S %CCUt4TY.SCT. t, isi: zro: ral icrr7 cf,;' riti .M c;con y— �C a; gild whli 446alm a: cumn !eu$an?en m re'i0 <nrewd .02 v: a2 S tC� r•.c: "i` retxalea t3• S:c 5::,1 4302 d c�L.L. ^15.. =..i4Oi1;reisb-c:i,; is ics z: yv 1 J 0 01 01 c MMON e TII OF VIRGINIA 0 as m. c me E Al ma _.T' IE m 2 %/9 m e r !c .a ƒ/ G: RECEIVES 6:r E g' EDEED; 5/S3 ma a an. era 22 m! LASS PARCEL 0 C tirEFTIEN FAIS R 9 IMO Am :A 9 ƒ DEES mm 3 AKOSYT mew, z 2, n »c VIES: 12: A— PAID 0-, n CS L 0 0 aU c; T rP 0 o 0 V o Q l w O CO s. d -i 0 V n s Cu 0.0 "030013713 TAX MAP NO. 33A -A -15A Prepared by: Mark 3. Ethers, P.O, Box 1737, Winchester, VA 0 01 C M THIS DEED, made and dated this S day of June 2003, by and between NELLIE M. OSI3OURN, widow, party of the first part, hereinafter called the Grantor, and T. PATRICK JUTANNNG and AUDREY A. MANNING, parties of the second part, hereinafter called the Grantees. NOW THEREFORE, WITNESSETH: That in consideration of the sun of Ten Dollars ($10.00) and other valuable consideration, the Grantor does hereby grant and convey in fee simple absolute, with General Warranty of Title and English Covenants of Title, unto the Grantees, jointly, as tenants by the entirety, with the intent that the survivor shall take the fee simple title by common law right of survivorship, together with all rights of way, privileges, appurtenances and improvements thereto belonging, and subject to all easements and legally enforceable restrictions of record affecting the following real estate: ALL THAT certain lot or parcel of land, containing one -half acre, (1/2), more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Western side of U.S. Highway No. 11, commonly known as the Martinsburg Pike, near Rest Church, in Stonewall District, Frederick County, Virginia, AND BEING the same property convoyed to Norman M. Osbourn and Nellie M. Osbourn, his wife, as tenants by the entirety with common law right of survivorship, by Deed from Bennie W. Garrison and Antha N. Garrison, his wife, dated October 15, 1081 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 541, at Page 695. The said Norman M. Osbourn died March 11, 1999, thereby vesting title in subject property in Nellie M. Osbourn, as surviving tenant. My commission expires: 1 c&s VIRGINIA: FRUDIER'C%COUNTY, SC!". This Strum :cnt of c..ijtittp; was produced to nest on This conveyance is made subject to all rights, rights of way and restrictions of record, affecting the subject property. Witness the following signature and seal: STATE OF VIRGINIA, at large CITY/COUNTY Of to -wit: I, a j v 1y \tit t n Notary Public in and for the State of Virginia, do hereby certify that NELLIE M. OSBOURN whose nave is signed to the foregoing instrument has personally appeared before me and acknowledged the same in the State and jurisdiction aforesaid. Given under by hand this 25th day of June, 2003. Notary Pub and with r_azi,f Kn. of rekncr41: %,alsat thereto, anncxt 4 was I:dediucci to reap L hutiu ca by Sec. 5ti.I. 0: cf S /ACZACIO and 55,1•841 lyric been paid, if rsses3 blc co c-n i0 EECE y b r 1 C NP %D; g _O m raS2 m X =2 COMMONWLAITII mwRGI E: 1/\ m e A «A: Em.scICS m UP a K@ F «a; zE OMEE: AR RID C T IPTIVI r; m I; !f P a w fRAfSFE5 PEss v a pam e 3E E r Adjoining Properties Zoned/Used for Commercial/Industrial Use (or are favorable to the proposed project) I Manning I Woodbine Road VA Sec. Rt. 669 Interstate 81 E x t3 Rest Church Road Exxon VA Sec. Rt. 669 I I I SemPeles I US Route 11 Duncan Run SCALE °,.cil:tso,oee, B Interstate 81 1:3,600 1" 300' Triad Engineering, Inc. www.triad-winc.com G 3'Ole 6 3 -0 2 7 -02, We, the undersigned property owners in the I -81 exit 323 and Rt. 11 corridor, support the commercial and industrial development of this area in accordance with Frederick County's comprehensive plan. This includes Mr. Fuel's proposed re- zoning request and the future development and rezoning plans of the Whitehall Commerce Center. r o wn(i O r 46 9a. 44 )7, P. A' Lilo »-r p, it ci h. c\ q..,c B frcc; t i/ yb;2 n 1 /4--s 6w "f /re- 2? G r 4 1 ,1 5 "3 7 11 1 "ID1zfaocjfl rye X52 ma b 1->- R I qs $4' NS c a ,1 V c?7a(Pio q. S z/ 7 7/74e`tyuk- b os. r e i s al r b ro o 7S v 2 2, c z cl 1 "2„: 3 1ti C ..v,` st L, 6 Land Use Northeast Frederick Land Use Plan The northeastern portion of Frederick County has been studied on three occasions to ascertain the most appropriate land uses for its future; first in 1995, then in 1999. In 2002, the area was studied once again in an effort to discern if this portion of the County contained an excess of industrial land designated aindustrial Through the adoption of the was significantly reduced, and the planned unit development (PUD) land use designation was introduced. 1995 Land Use Stud In 1995, the Board of Supervisors and the Economic Development Commis i deen fie a shortage of available industrial sites with rail access, a vital element in recruiting potential a result, the County initiated a search for potential locations for such uses. Numerous areas were identified within the northeastern portion of the County along the Route 11 North corridor that could be attractive sites for industrial development with rail access. As a result, the Board of Supervisors directed the County's Comprehensive Plans and Programs Subcommittee (CPPS) to develop a land use plan for the Route 11 North corridor from Interstate 81 Exit 317 to Exit 321. In 1996, a land use plan for the Route 11 North corridor from Interstate 81 Exit 317 to Exit 321 was adopted by the Board of Supervisors. Approximately 3,200 acres of land was included within the adopted study area boundary of the Route 11 North corridor which extended from Interstate 81 to the west and the Hot Run, Hiatt Run, and Redbud Run drainage basins to the east. Portions of the Stephenson Rural Community Center and the Clearbrook Rural Community Center were included within the study area boundary. The Route 11 North Land Use Plan recommended industrial and commercial development as the predominant land use within the study area boundary. New large scale residential development was not proposed as a component of the land use plan. Finally, a Developmentally Sensitive Areas (DSA) designation was established to preserve and protect existing residential land uses, historic features, and significant open space areas. The DSA was recommended along the Route 11 North corridor, the Milburn Road corridor, and along the western segment of the Old Charles Town Road corridor. 1999 Land Use Stud Development activity and land use speculation has occurred along the Route 11 corridor between Interstate 81, Exit 321 and Exit 323 since the adoption of the Route 11 North Land Use Plan. Concerns expressed by county officials and citizens regarding various land use activities and plans Frederick County 6 Comprehensive Plan Frederick County Land Use Objectives for the Northeast Land Use Plan Policies Develop policies which provide for a balance of growth and preservation. Develop policies which prohibit higher density growth within defined portions of the study area. Ensure that public water and sewer service with adequate capacity accompanies future development proposals. Ensure that adequate Levels of Service for all road systems are maintained or are achieved as a result of future development proposals. Apply appropriate quality design standards for future development within the study area. Land Use Concentrate industrial uses near major road and railroad transportation systems. Encourage industrial uses to locate within master planned areas. Provide for interstate business development opportunities on the eastern and westem sides of Interstate 81 interchanges. Concentrate business uses at strategic locations along the Route 11 North corridor. Discourage random business and industrial land uses along Route 11 that are incompatible with adjacent existing land uses. Transportation Identify appropriate locations for signalized intersections to maintain or improve Levels of Service. Encourage central access points to industrial areas, minimizing new driveways and intersections with Route 11 North, Route 761, Route 664, Route 669, and Route 671. Encourage the expansion of Route 11 to a four -lane roadway. Determine appropriate locations for new connector roads within industrial and commercial areas to minimize traffic impacts on Route 11 North and existing secondary roads. Discourage new access points along the historic Milbum Road corridor (Route 662). Infrastructure Identify appropriate locations within the study area for inclusion in the Sewer and Water Service Area (SWSA). Determine impacts of proposed future land uses on the Opequon Waste Water Treatment Plant. Determine appropriate types of water and sewer systems to serve existing and proposed land uses. Historical Ensure that recommendations of the Third Winchester Battlefield Preservation Plan are implemented to the extent possible. Determine appropriate methods to protect significant historic areas and corridors that are identified by the Battlefield Network Plan. Identify appropriate locations to implement Developmentally Sensitive Areas (DSA) land use designations to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey. Ensure that the Historic Resources Advisory Board (HRAB) reviews all development proposals which impact identified DSA. Environmental Identify environmental resources and develop methods to protect these sensitive areas. Encourage land use patterns that are not automotive dependent to protect air quality. Promote development standards such as riparian zones and regional stormwater management facilities to protect water quality from point and non -point sources. 6 -36 Comprehensive Plan Land Use Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 Exits 317, 321, and 323, and within the southeastern portion of the Sewer and Water Service Area (SWSA) near Old Charles Town Road (Route 761) and Milburn Road (Route 662). It is envisioned that commercial land uses which cater to the interstate traveler will be developed along the three Interstate 81 interchange areas, while retail, service, and office land uses will occur along the Martinsburg Pike corridor and the southeastern portion of the SWSA. The development of business and commercial land uses is encouraged at designated signalized road intersections. All business and commercial uses are encouraged to provide inter parcel connectors to enhance accessibility between uses and reduce disruptions to primary and secondary road systems. Additionally, business and commercial land uses which adjoin existing residential uses and significant historic resources should be adequately screened to mitigate impacts. The preservation and protection of significant historic resources, environmentally sensitive areas, and open space areas is encouraged by this land use plan. The majority of the acreage within the study area which comprises these features has been protected from industrial and commercial development through its exclusion from the SWSA expansion. This acreage includes the core area of the Opequon Battlefield (3r Battle of Winchester); significant historic properties including Sulfer Spring Spa (34- 110), Cleridge (34 -111), and Hackwood (34 -134); the majority of the steep slope and mature woodland areas; and all of the flood plain and wetland areas associated with Opequon Creek. Significant historic resources including the core area of Stephensons Depot (2 battle of Winchester), Kenilworth (34 -113), the Branson House (34 -137), Milburn (34 -729), the Byers House (34- 1124), and the Milburn Road corridor (Route 662), and minor areas of steep slope and mature woodlands fall within the expanded SWSA boundary. The land use plan incorporates a Developmentally Sensitive Areas (DSA) designation to ensure that these features, as well as existing residential clusters and public land uses are protected from future industrial and commercial development proposals. The DSA is a community and historical preservation area; therefore, adjacent uses which are incompatible should provide adequate buffers and screening. The DSA is intended to discourage any development along the Milburn Road corridor and to promote a higher standard of development along the Martinsburg Pike corridor where residential clusters and public land uses dominate. Development regulations should be reviewed to ensure that they protect and promote a cohesive community environment within the study area with special attention to the DSA, while providing flexibility to encourage high quality development. The expansion of the Urban Development Area (UDA) is not proposed within the land use study boundary; therefore, higher density residential land use is not proposed. The land use plan recommends the allowance of residential land uses within the three Rural Community Centers (RCC). Residential land use should only occur in conjunction with public water and sewer service, and should be compatible with existing residential densities and lot sizes within each community center. Frederick County 6 36.1 Comprehensive Plan 0 Water and Sewer: Frederick County Land Use A corridor has been reserved along the proposed alignment of Route 37 Alternative C; Phase IV. This corridor is flanked on either side by proposed industrial and commercial land uses. The proposed industrial and commercial land uses may provide an opportunity for the development of a future interchange along the phase of the Route 37 corridor. Proposed industrial and commercial development within the land use plan boundary will be developed in conjunction with public water and sewer infrastructure. Public water infrastructure exists within the study area along Martinsburg Pike from the southern study area boundary to the intersection with Interstate 81 Exit 321. This infrastructure extends to the east, following portions of Stephensons Road (Route 664); Old Charles Town Road (Route 664); and Gun Club Road (Route 666). Currently, no public sewer infrastructure exists within the study area boundary. Currently, the Opequon Waste Water Treatment Plant (OWWTP) is the closest treatment facility to the study area boundary. Utilization of the OWWTP would require the development of pump stations and lift stations throughout the study area. The proposed industrial and commercial land use acreages have been compiled to determine the potential impacts to the OWWTP capacities. The estimated development of these acreages demonstrates that capacities at the OWWTP will be exceeded prior to the buildout of these areas The Board of Supervisors will need to work with the Frederick County Sanitation Authority (FCSA) to determine appropriate methods for establishing public water and sewer infrastructure with adequate capacities. Appropriate methods may include partnerships and agreements with adjoining localities to utilize existing infrastructure, the development of new treatment facilities for water extraction and sewer treatment, or public /private partnerships to develop necessary infrastructure. 6 36.3 Comprehensive Plan Land Use Northeast Frederick Land Use Plan The 2002 Northeast Frederick Land Use Plan is intended to expand upon and supercede elements of the 1995 and 1999 Land Use Plans which were adopted in 1996 and 2000, respectively. The 2002 Northeast Frederick Land Use Plan has been designed to provide for a balance of land uses which includes industrial and commercial growth along the major road and railroad corridors, the introduction of a planned unit development (PUD) land use, and the preservation of rural areas and significant historic features within the study area boundaries. Future land uses within the study area boundary should be sensitive to existing and planned land uses. The land use plan has been designed to provide the opportunity to develop industrial, business, and PUD uses in a well planned, coordinated manner. Industrial land uses are proposed adjacent to the railroads in the southern and northern portions of the study area. Proposed industrial land uses should be developed within master planned areas which discourages individual lot access on the Martinsburg Puke (Route 11 North) corridor. Industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and buffers and screening along Martinsburg Puke to enhance the appearance of the corridor. Business and con>rnercial land uses are proposed along the Martinsburg Puke corridor, on the east and west side of Interstate 81 Exits 317, 321, and 323 within the southeastern portion of the Sewer a nd Water Service Area (SWSA). It is envisioned that commercial land uses which cater to the interstate traveler will be developed along the three Interstate 81 interchange areas, while retail, service, and office land uses will occur along the Martinsburg Pike corridor, and complement the planned unit development (PUD) land use designation in the southeastern portion of the SWSA. The development of business and commercial land uses is encouraged at designated signalized road intersections. All business and commercial uses are encouraged to prod secondary road n nstems. to enhance accessibility between uses and reduce disruptions to primary Additionally, business and commercial land uses which adjoin existing residential uses and significant historic resources should be adequately screened to mitigate impacts. The Planned Unit Development (PUD) land use is proposed in the southeastern portion of the study area, immediately south of the Stephenson Rural Counuunity Center. The PUD is envisioned to include residential, commercial, and office components, of which a maximum of 50% of the land area would be non residential. The PUD is proposed as an alternative land use from the typical suburban residential development patterns that have occurred in the past. The PUD concept is intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Public uses such as schools, parks, and fire and rescue facilities should be provided for within the PUD. As with all development, it is vital that the PUD be provided the community tr at a o r at i of improvements that assure the transportation network serving function Service (LOS) Category C or better., Frederick County 6 -38.2 Comprehensive Plan 0 Land Use will be the responsibility of private property owners and developers, unless the Board of Supervisors determines that public private partnerships are appropriate. Transportation: Proposed industrial, commercial, and planned unit development within the land use plan boundary will necessitate improvements to existing road systems and the construction of new road systems. The land use plan provides for the general location of new collector roads and signalized intersections to channel vehicular traffic between key intersections throughout the study area. These collector roads are intended to promote efficient traffic movement between land uses, enhance safety by limiting individual commercial entrances and turning movements at random points, and preserve capacities on existing road systems to ensure adequate levels of service. The general location of new collector roads and new signalized intersections is depicted on the land use plan map. The development of these transportation improvements will be required as proposed industrial, commercial, and planned unit development projects are realized. Improvements to existing primary and secondary road systems will be required throughout the study area. To ensure that these road improvements occur, proposed developments should be expected to provide dedicated right of -ways and construct all improvements deemed necessary by the Virginia Department of Transportation and the Board of Supervisors. Improvements to the existing primary and secondary road systems include improving Martinsburg Pike (Route 11 North) to a four -lane facility,- and improving the width and geometrics of Rest Church Road (Route 669), Woodbine Road (Route 669), Branson Spring Road (Route 668), Woodside Road (Route 671), Brucetown Road (Route 672), Stephenson Road (Route 664), and Old Charles Town Road (Route 761). A corridor has been reserved along the proposed alignment of Route 37 Alternative C; Phase DI, to reflect the proposed route included on the Commonwealth of Virginia's road program This corridor is flanked on either side by proposed industrial, counnercial, and planned unit development land uses. The proposed land uses may provide an opportunity for the development of a future interchange along the phase of the Route 37 corridor. Water and Sewer: Frederick County Proposed industrial, commercial, and planned unit development within the land use plan boundary will be developed in conjunction with public water and sewer infrastructure. Public water infrastructure exists within the study area along Martinsburg Pike from the southern study area boundary to the intersection with Interstate 81 Exit 321. This infrastructure extends to the east, following portions of Stephensons Road (Route 664); Old Charles Town 6 -38.4 Comprehensive Plan TRUCK ENTR FNGE AND EXIT 0 00' -0' RTY LINE G LANE M A —TRUC K o 20 PARKING INTERSTATE HIGHWAY BI NIIIFD ACCESS FENCE �1 C A? IESEL CANOPY BOVE BELOW GRADE FUEL STORA 33 ASPHALT 29 0 33 p 2T PARKING 9 LA CSLA? m[ w B 2 FULL SORE N NDSCAPE SUFFER a BYPASS LANE vor0000a,�0000 0000 'a`0C300"�"0000 00 �nnT� 000 nmm� Mn_ e�r�rnrxre [Tr. FILL SADDLE AUTOMOBILE ExIT BA1�' 01, ONC. ASPHALT F any s:.m, 4' WALK– r�Kfll 8 BA BAY iice:, r. ASOLINE AYrk.°, ANOPY BAr1ll! 20' 21' 201 BA. o B y ]Iti AUTOMOBILE `P CNIO ICE GRASS P AREA –i 1U `1 LAN MR FL) RAV ARCHITECTURAL SITE FLAN =60 NORTH AUTO AI CL NTR AUTO AUTOMOBILE FUELING SPACES SITE DATA TOTAL PARKING COUNT I n nvn .______s=2=2 rzxa tar PARammall H.G. AUTOMOBILE PARKING 10 2 ca mcs c A` t o r f e- C E 0 1- CD U 15 li N x j Z 0 0 i' iL X m cif. y O y y iL g lu ip 19 VEDA 07/26/04 C m lie Lai tins A l Frederick County Land Use 6 -36 Objectives for the Northeast Land Use Plan Policies Develop policies which provide for a balance of growth and preservation. Develop policies which prohibit higher density growth within defined portions of the study area. .Ensure_that publicwater sewer- service__with_ adequate capacity accompanies future s. development proposals. >r that -adequate;LLevels of Service for all road systems are maintained or are achieved' as a> result ,offuturedeelopmentproposals. Apply appropriate quality design standards for future development within the study area. Land Use Concentrate industrial uses near major road and railroad transportation systems. Encourage industrial uses to locate within master planned areas. ••Provide for'inferstate buiness "s development opportunities on the eastern and s Jnterslate 81 rnterchanges ti .z_ C b oncentrate usiness uses at strateg elocations along the Route 11 North corr Discourage random business and industrial land uses along Route 11 that are adjacent existing land uses. western sides of idor. incompatible with Transportation Identify appropriate locations for signalized intersections to maintain or improve Levels of Service. Encourage central access points to industrial areas, minimizing new driveways and intersections with Route 11 North, Route 761, Route 664, Route 669, and Route 671. Encourage the expansion of Route 11 to a four -lane roadway. c`si l Determine appropriate locations for new connector roads within industrial and commercial areas to minimize traffic impacts on Route 11 North and existing secondary roads. Discourage new access points along the historic Milburn Road corridor (Route 662). Infrastructure__ Identify�appropriate- locations- within -the study. area forinclusion in the Sewer and Water Service 'Area'(SWSA).' Determine impacts of proposed future land uses on the Opequon Waste Water Treatment Plant. Determine appropriate types of water and sewer systems to serve existing and proposed land uses. Historical Ensure that recommendations of the Third Winchester Battlefield Preservation Plan are implemented to the extent possible. Determine appropriate methods to protect significant historic areas and corridors that are identified by the Battlefield Network Plan. Identify appropriate locations to implement Developmentally Sensitive Areas (DSA) land use designations to protect potentially significant historic resources as identified by the Frederick County Rural Landmarks Survey. Ensure that the Historic Resources Advisory Board (HRAB) reviews all development proposals which impact identified DSA. Environmental Identify environmental resources and develop methods to protect these sensitive areas. Encourage land use are :nob automotive: dependent- toaprotect=airquality.a Promote-development- standards _such yasliparian rzones .rreg ional- stormwater. management facilities to,protecl water :quality -from point =and non -point sources. Comprehensive Plan Land Use Northeast Frederick Land Use Plan The 2002 Northeast Frederick Land Use Plan is intended to expand upon and supercede elements of the 1995 and 1999 Land Use Plans which were adopted in 1996 and 2000, respectively. The 2002 Northeast Frederick Land Use Plan has been designed to provide for a balance of land uses which includes industrial and commercial growth along the major road and railroad corridors, the introduction of a planned unit development (PUD) land use, and the preservation of rural areas and significant historic features within the study area boundaries. Future land uses within the study area boundary should be sensitive to existing and planned land uses. The land use plan has been designed to provide the opportunity to develop industrial, business, and PUD uses in a well planned, coordinated manner. Industrial land uses are proposed adjacent to the railroads in the southern and northern portions of the study area. Proposed industrial land uses should be developed within master planned areas which discourages individual lot access on the Martinsburg Pike (Route 11 North) corridor. Industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Furthermore, industrial land uses should be planned to provide greater setbacks and buffers and screening along Martinsburg Pike to enhance the appearance of the corridor. Business and commercial land uses are proposed along the Martinsburg Pike corridor, on the east and west side of Interstate 81 Exits 317, 321, and 323 within the southeastern portion of the Sewer and Water Service Area (SWSA). It is envisioned that commercial land uses which cater to the interstate traveler will be developed along the three Interstate 81 interchange areas, while retail, service, and office land uses will occur along the Martinsburg Pike corridor, and complement the planned unit development (PUD) land use designation in the southeastern portion of the SWSA. The development of business and commercial land uses is encouraged at designated signalized road intersections. All business and commercial uses are encouraged to provide inter- parcel connectors to enhance accessibility between uses and reduce disruptions to primary and secondary road systems. Additionally, business and commercial land uses which adjoin existing residential uses and significant historic resources should be adequately screened to mitigate impacts. The Planned Unit Development (PUD) land use is proposed in the southeastern portion of the study area, immediately south of the Stephenson Rural Community Center. The PUD is envisioned to include residential, commercial, and office components, of which a maximum of 50% of the land area would be non residential. The PUD is proposed as an alternative land use from the typical suburban residential development patterns that have occurred in the past. The PUD concept is intended to promote land use pattems that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Public uses such as schools, parks, and fire and rescue facilities should be provided for within the PUD. As with all development, it is vital that the PUD be provided with adequate transportation improvements that assure the transportation network serving the community function at a Level of Service (LOS) Category C or better. Frederick County 6-38.2 Comprehensive Plan Land Use The planned unit development (PUD) land use concept would enable a large scale community. The associated residential aspect of a PUD would necessitate its inclusion within the County's Urban Development Area (UDA). Therefore, the UDA has been expanded to incorporate the land areas designated for the PUD. The preservation and protection of significant historic resources, environmentally sensitive areas, and open space areas is encouraged by this land use plan The majority of the acreage within the study area which comprises these features has been protected from industrial, commercial, and residential development through its exclusion from the SWSA and UDA expansion. This acreage includes the core area of the Opequon Battlefield (3`' Battle of Winchester); significant historic properties including Sulphur Spring Spa (34 -110), Cleridge (34 -111), and Hackwood (34 -134); the majority of the steep slope and mature woodland areas; and all of the flood plain and wetland areas associated with Opequon Creek. Significant historic resources including the core area of Stephensons Depot (2 Battle of Winchester), Kenilworth (34 -113), the Branson House (34 -137), Milburn (34 -729), the Byers House (34- 1124), and the Milburn Road corridor (Route 662), and minor areas of steep slope and mature woodlands fall within the expanded SWSA and UDA boundaries. The land use plan incorporates Developmentally Sensitive Areas (DSA) designation to ensure that these features, as well as existing residential clusters and public land uses are protected from future development proposals. The DSA is a community and historical preservation area; therefore, adjacent uses which may be incompatible should provide adequate buffers and screening. The DSA is intended to discourage any development along the Milburn Road corridor and to promote a higher standard of development along the Martinsburg Pike corridor where residential clusters and public land uses dominate. Development regulations should be reviewed to ensure that they protect and promote a cohesive community environment within the study area with special attention to the DSA, while providing flexibility to encourage high quality development. The land use plan recommends the allowance of residential land uses within the three Rural Community Centers (RCC). New residential land use should only occur in conjunction with public water and sewer service and should be compatible with existing residential densities and lot sizes within each community center. Northeast Frederick Land Use Plan Infrastructure Components The proposed industrial, commercial, and planned unit development (PUD) land uses identified in this land use plan are recounnended to be developed with public water and sewer service. Therefore, it is the recommendation of this land use plan to prohibit package treatment plants unless they are of a scale and design that is feasible for them to be dedicated to the Frederick County Sanitation Authority for operation and maintenance. Furthermore, proposed industrial, commercial, and planned unit development should only occur if impacted road systems function at a Level of Service (LOS) Category C or better. The installation of public water and sewer infrastructure, the development of new road systems and new signalization, and improvements to existing road systems Frederick County 6 -38.3 Comprehensive Plan Land Use will be the responsibility of private property owners and developers, unless the Board of Supervisors determines that public private partnerships are appropriate. Transportation: Proposed industrial, commercial, and planned unit development within the land use plan boundary will necessitate improvements to existing road systems and the construction of new road systems. The land use plan provides for the general location of new collector roads and signalized intersections to channel vehicular traffic between key intersections throughout the study area. These collector roads are intended to promote efficient traffic movement between land uses, enhance safety by limiting individual commercial entrances and turning movements at random points, and preserve capacities on existing road systems to ensure adequate levels of service. The general location of new collector roads and new signalized intersections is depicted on the land use plan map. The development of these transportation improvements will be required as proposed industrial, commercial, and planned unit development projects are realized. Water and Sewer: Frederick County Improvements to existing primary and secondary road systems will be required throughout the study area. To ensure that these road improvements occur, proposed developments should be expected to provide dedicated right of -ways and construct all improvements deemed necessary by the Virginia Department of Transportation and the Board of Supervisors. Improvements to the existing primary and secondary road systems include improving Martinsburg Pike (Route 11 North) to a four -lane facility, and improving the width and geometrics of Rest Church Road (Route 669), Woodbine Road (Route 669), Branson Spring Road (Route 668), Woodside Road (Route 671), Brucetown Road (Route 672), Stephenson Road (Route 664), and Old Charles Town Road (Route 761). A corridor has been reserved along the proposed alignment of Route 37 Altemative C; Phase IV, to reflect the proposed route included on the Commonwealth of Virginia's road program. This corridor is flanked on either side by proposed industrial, commercial, and planned unit development land uses. The proposed land uses may provide an opportunity for the development of a future interchange along the phase of the Route 37 corridor. Proposed industrial, commercial, and planned unit development within the land use plan boundary will be developed in conjunction with public water and sewer infrastructure. Public water infrastructure exists within the study area along Martinsburg Pike from the southern study area boundary to the intersection with Interstate 81 Exit 321. This infrastructure extends to the east, following portions ofStephensons Road (Route 664); Old Charles Town 6 -38.4 Comprehensive Plan Frederick County Land Use Road (Route 664); and Gun Club Road (Route 666). Public sewer infrastructure may be extended to serve properties within the Sewer and Water Service Area (SWSA). Currently, the Opequon Waste Water Treatment Plant (OWWTP) is the closest treatment facility to the study area boundary. Utilization of the OWWTP would necessitate the development of pump stations and lift stations throughout the study area. The proposed land use acreages have been compiled to determine the potential impacts to the OWWTP capacities. The estimated development of these acreages demonstrates that capacities at the OWWTP will be exceeded prior to the buildout of these areas. The Board of Supervisors will need to work with the Frederick County Sanitation Authority (FCSA) to determine appropriate methods for establishing public water and sewer infrastructure with adequate capacities. Appropriate methods may include partnerships and agreements with adjoining localities to utilize existing infrastructure, the development of new treatment facilities for water extraction and sewer treatment, or public /private partnerships to develop necessary infrastructure. 6 -38.5 Comprehensive Plan December 9, 2004 Mr. Pat Manning P.O. Box 580 St.Peters, MO 63376 Re: Preliminary Comments Manning Mr. Fuel Travel Center Dear Mr. Manning: Thank you for the opportunity to review the preliminary rezoning application materials for the Manning Property and the Mr. Fuel Travel Center. The following letter is offered to assist you as you continue to address the issues associated with this rezoning application. As customary, it is anticipated that these issues, and those of the reviewing agencies, will be fully addressed through revisions to the application prior to its consideration by the Planning Commission and Board of Supervisors. 1) Preliminary Matters a) The request presented to the County is for the rezoning of 12.178 acres of M -2 (General Industry) and RA (Rural Areas) zoned land to the B -3 (Industrial Transition) and IA (Interstate Overlay) Districts. On multiple occasions throughout the rezoning application the term down zoning is used. The use of this term is inaccurate given that a portion of the property is proposed to be rezoned from Rural Areas to Industrial Transition with Interstate Overlay. Further, the proposed proffered use of the property is arguably more intensive than many of the uses permitted in the M -2 (General Industry) District and is certainly significantly more intensive than the present use of the property. Staff respectfully offers that the_ term rezoning should be used throughout the rezoning application materials. 2) Impact Analysis and Proffer Statement a) It is stated in the application that the proposed B -3 down zoning is in complete and total harmony with Northeast Land Use Plan its adopted policies governing land use and zoning issues. Staff would recognize that the proposed rezoning application addresses many of the policies of the Plan. However, it is important to identify that several policies and objectives have not been addressed or fully incorporated into this rezoning application, most significantly, the Comprehensive Plan policy that encourages the expansion of Route 11 to a four -lane roadway. Mr. Pat Manning Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 2 The business corridor policies of the Comprehensive Plan are also applicable to this project. In particular, the business corridor policies that specify that raised medians are employed at all intersections along business corridors and that provisions should be made for bicycle accommodations at intersections and in a manner consistent with the adopted bicycle plan. Please refer to the Bicycle Plan Map incorporated into the transportation section of the Comprehensive Plan. b) The TIA submitted with a rezoning application is a very important tool which is used to assist in the evaluation of the traffic impacts associated with the project. This analysis is particularly important to VDOT. Suggested improvements are incorporated into the TIA that will ensure an appropriate level of service upon the completion of the development project and the mitigation of many of the impacts of the proposed project. It is important to recognize that in addition to addressing the TIA, the transportation related elements of the Comprehensive Plan should be addressed and incorporated into the rezoning application. Several of these broader community concepts that recognize important community goals are identified in the previous comment for your consideration. c) It is critical that this rezoning application addresses the right -of -way needs of the project and the Comprehensive Plan. It is recommended that a right -of -way assessment is conducted in the vicinity of this project to clarify what the existing right -of -way is and what would be needed to address the transportation needs of this application. This assessment should be provided with the resubmission of the application. d) The facilitation of the Comprehensive Plan objectives of providing for an ultimate four lane Route 11 with appropriate accommodations for turning movements, raised medians for access management, and bicycle accommodations does not appear to have been fully considered as part of this application. The importance of addressing these needs is significant in this location as it is the primary point of access, the northern gateway, to Route 11, Frederick County, and Virginia. It is necessary to ensure a quality, well functioning gateway to the community for all users. e) The TIA provided for review in conjunction with the rezoning application materials is an addendum to the original TIA for the Arogas Property. It would be helpful if the original TIA, including the methodology used for this project, is provided in addition to the addendum. Also, if a comparison of uses is to be used in the TIA then it would be more appropriate if the potential by -right development that is identified in Table 1 is more realistic. Mr. Pat Manning Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 3 f) Street Improvements Proffer a., the proffered 12' lane widening consistent with VDOT commercial entrance standards appears to fulfill the need for a dedicated right turn lane into the project as is customarily required when multiple entrances to one project are located along a particular stretch of road. It would not be accurate to consider this as an additional through travel lane on Route 11. Please clarify if your intention of this proffer is to have this lane function as an additional through lane on Route 11 and how the widening of Route 11 to a four lane design to address the Comprehensive Plan will be accomplished. g) h) Figure 8 of the TIA indicates a build -out lane configuration and geometry at the Route 11 /Route 669 intersection and also at the truck entrance /Woodbine Road intersection that provides for a satisfactory level of service. However, the Proffer Statement does not appear to provide for the complete construction of those improvements which have been identified as necessary to maintain an adequate level of service. Please provide clarification regarding this issue. As mentioned previously, it should also be demonstrated that sufficient right -of -way is available, or has been obtained, to ensure that any necessary improvements to Route 11 and its associated intersections can be accommodated. i) Street Improvements Proffer e., states that the improvements to Route 11 will be consistent with VDOT standards. As important as this is, it is also important to recognize that the improvements to Route 11 will address the goals and objectives of the Comprehensive Plan as previously mentioned in this letter. J) Street Improvements Proffer c., provides for the participation in a signal agreement involving partial cost sharing for the Woodbine Road /Route 11 intersection, the timing of which will be determined by VDOT. The TIA for this project indicates that there is a critical unsignalized movement at this intersection with the build out lane geometry for outbound trucks making a left turn onto Route 11 North. Figure 8 of the TIA represents that this same intersection will operate at a LOS C five years after the build out of the project. However, this is with the future installation of a signal at this location. The County is of the belief that the signalization of this intersection should occur concurrent with the development of this project and prior to the issuance of an occupancy permit for the facility. This approach would ensure a safer condition at this intersection, minimize the future impacts to vehicles traveling on Route 11, and eliminate a critical unsignalized turning movement. Recent experiences in Frederick County with similar facilities would confirm that this approach is prudent and warranted. The Architectural Site Plan that is voluntarily proffered as an element of the Proffer Statement appears to be outdated. It is suggested that the Architectural Site Plan be updated to accurately reflect existing road conditions including the recent improvements to Route 11 and Route 669. It may also be helpful to update Mr. Pat Manning Re: Preliminary Comments- Manning /Mr. Fuel Travel Center December 9, 2004 Page 4 the plan to address any recent modifications based upon the proposed transportation program. Alternately, it may be more appropriate to confine the scope of the Architectural Site Plan to the property for which the rezoning is requested. The Impact Analysis identifies that a site development plan for the proposed use has been prepared in accord with all local and state regulations. It may be more appropriate at this stage of the project to recognize that a final site plan will be prepared and will be determined to be in conformance with all applicable regulations at the time of final site plan approval by the County. The site plan is not presently being reviewed for conformance with County site plan regulations. It is general in nature for the purposes of illustrating the proposed project. k) Design Features Proffers a. and b. do not appear to provide anything extraordinary or anything that is not presently required by the Zoning Ordinance and may be redundant. An architectural elevation plan would be a tool that could be used to implement and guarantee design features described in a proffer. This tool may be useful in helping to describe what the architectural design of the project is. Presently, the architectural design concept is not clear. 1) Design Features Proffer c. also appears to be redundant as the requirements of the Zoning Ordinance and the proffered general site plan provide for the development of this site as a cohesive entity. m) Additional Site Proffers a. through e. appear to be redundant as they are presently required by County Ordinance. It is preferable that the proffers offered by the applicant are limited to only those that exceed or enhance the existing requirements of the County Ordinances. n) It is requested that consideration is given in the Proffer Statement to providing additional BMP's relating to mitigating some of the unique impacts of the project. Such BMP's could include oil separators in conjunction with the stormwater management program and electric stations designed to address air quality issues. o) Please ensure that current tax statements are provided in the resubmitted application. The new statements should reflect the new ownership of the RA lots. At some point in the future a consolidation of the various lots covered by this rezoning application should occur. Mr. Pat Manning Re: Preliminary Comments Manning /Mr. Fuel Travel Center December 9, 2004 Page 5 Please feel free to contact me at any time regarding the above comments or the application in general. I look forward to continuing our participation in the review of this application. Sincerely, Michael T. Ruddy, AICP Deputy Director, Department of Planning Development MTR/dlw cc: Mr. Andy Weinmann, Triad Engineering f—' r'a l� b3 v V 01 e ..a.t i 4 oe nS wL c 1rAate- -7-736 et- t-ve:., Ai 7313 Cu- ifr4 o X ✓arm Cl_•v�k4r 6; 7 J c. c.- .cf3 R /7 00Arca- Y/ J Lt. 2 -C' oIZZ 1D YeteA"ra2rd- i 0;X- /t-•. i.+.a. ,r, r el, j 'c1 r Lo---p-A- ot. {n- cruc L c-r S 'c g v,..at -A- J v ups cA- 1 p,0( l:�ui- e,C�/� nv� ��ilG�•vu..- "y- `'e '�Gi -n 7L" 9 r iii wt.% t,.6 1n cWt..lF -LA-d o- atk l j o -2 4.07,G6'L S e Jr/ (c uti t�GC✓�i' (A-A- t a ru,-- e l y 411- 0 yy u 2 0 1 0 1 d, Cry T Qeon,,,,.• -v �r,_(.. >..J.rr`-`^-C..-C IN!/Pe c. +r'...(.. (r» h L4 �i.,t 7 .-C.`!� rya_ Cr e,r r-." Ii rrLU do w O 1 if G..Gw G� o,ge '/.2 -C F.,> P LC rtG"ktt.r C p 7-11,,,e,-.-ca.--. —if J l e 6 J�. 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(.4,4-4 C., O e rte._ o- ra /yam r5 JW /r 4 e,'‘.4c_ ,c c 4 �Frr I:„t.1a -e e 2±63 .��o cc :r_ i Det�ca./cv+` -a. eLe.L. tong, -C. /9 /e- D• w J 3 6'c" A-tw r cer,r.,,,. c emi-rn,vtce -.a con- it en e- 45.n,, rG iS Y 1 SV 1 /l n t �f V7 j r i.. 1r r u-, JJ j 1"614A4 l Lcc v� KO-4- ilea G ct t t vt,c v1 W �a v �rr�.£, ?O' R. .U'f.J l I 1.“ tr'c..1, -'0 chL,Jn 790,p tn- co_ovf V? O7 9 rn 05CA e 5 /0/D L 4 0 ,C o r J, j /I/pttco4— J'�CJi'lC_Lt -it v- Q j'✓e..e4 e�PnL cOS /sb&ec- 7 ate e!'-a LGi U' e") LO.(�L-., &c.4._ wL d vtZQ1i v�9. -rJ ©l I^ .t 0.rL f LA- L- AP( -t, ti- ..crv_eC b y G 7 n ?re 4 4q f^A+LA j O !CCK w v U J r 7 -x c-e C: /4t wt -c uc.r 174,,L D i)Lle)/d�.n Mr. Stephen Gyurisin Triad Engineering, Inc. P.O. Box 2397 Winchester, Virginia 22604 RE: Rezoning Application for the Manning Property Frederick County, Virginia Dear Mr. Gyurisin: November 9, 2004 We have completed our review of the proposed rezoning of the Manning property from M -2 and RA to B -3. Based on this review, w e offer the following comments: 1) In the second paragraph under location and site background, the discussion indicates a proposed rezoning from M -2 and RA to B -3 (IA). In the next sentence, the discussion indicates that this represents a downzoning from M -2 to 13-3. If this change represents a downzoning, comment on what best describes the change from RA to B -3. In our opinion, the incorporation of the RA property is the critical link in a successful project at this location. 2) Under Site Suitability, the analysis indicates that no wetlands have been identified on the site. Indicate if a wetland study has been performed on the southern end of the property within the Duncan Run flood plain. If not, a wetland study should be performed to determined if the "wet area" located on the southern end of the property is actually a wetland and needs to be protected especially in the area proposed for the stormwater detention basin. 3) We will require the design and implementation of oil separators to augment the BMP facilities being proposed under the discussion of stornnvater management. This requirement should be reflected in the discussion of stornvater drainage. 4) Provide an estimate of the amount of solid waste that will be generated by the proposed development. The comment related to "no additional solid waste facilities will be required for the proposed development" is not appropriate unless you can demonstrate that the proposed waste generation will not adversely impact our existing solid waste facilities. 5) Under the proffer statement, street improvements, item c., the applicant indicates he will enter into a signalization agreement involving partial cost sharing for the Woodbine Road /U.S. Route 11 intersection. The applicant further states that the timing of this signalization will be determined by the Virginia Department of Transportation. This 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 Manning Property Rezoning Page 2 November 9, 2004 HES /rls cc: Planning and Development file FREDERICK COUNTY �4.: A na uutin r gp ro p r e z co ni p,lNT signilization is critical to the success and safety of the transportation link to this project. The proposed site plan indicates that all the truck traffic will enter and exit at this location. Therefore, we will require that the signilization be installed and finctional.prior to issuing a building permit. A note to this effect shall be placed on the site plan. 6) Proffer "d." under street improvements indicates that the applicant will construct two (2) 250 foot left tum lanes on U.S. Route 11 for traffic turning onto Rest Church Road from U.S. Route 11. This configuration shall be shown on the enclosed architectural site plan. Also, before approval is granted for the proposed rezoning, the applicant shall provide evidence that sufficient right -of -way is available at this intersection and along the improvements alignment to accommodate the two (2) turn -lanes for their full length including transitions and future road expansions. 7) Under Additional Site Proffers, item c. the applicant has indicated that no structures shall be constructed within the flood plain along Duncan Run. We concur with this proffer and will interpret this statement to include stormwater management facilities and related drainage structures. 8) Under attachments, we observed that the applicant included a list of signatures of adjacent property owners who are favorable to Mr. Fuel's proposed rezoning. Please indicate why the Jennings and their neighbors were not included on this list. I can be contacted at 665 -5643 if you should have any questions regarding this proposed rezoning. Sincerely, Harvey E. Strs wsnyder, Jr., P.E. Director of Public Works AI A Traffic Impact Analysis of the Sempeles Property Located in: Frederick County, Virginia P Prepared for: Mr. George Sempeles 331 Woodbine Road Clearbrook, Virginia 22624 Prepared by: Patton Harris Rust Associates, pc Engineers. Su rveyors. Planners. Landscape Architects. 208 Church Street, S.E Leesburg, Virginia 20175 T 703.777.3616 F 703.777.3725 December 16, 2002 OVERVIEW Report Summary Methodology This study considers the traffic impacts associated with the build -out of the Sempeles Property development, to be located along Route 11, east of the Rest Church Road/Route 11 intersection, in Frederick County, Virginia The proposed project is to include 1,197,900 square feet (110 -acres at a 0.25 FAR) of industrial land use and 98,000 square feet (9 -acres at a 0.25 FAR) of retail land use with access provided via a single site driveway situated to the east of the existing Rest Church Road/Route 11 intersection. The traffic impacts accompanying the Sempeles Property development were obtained through a sequence of activities as the narratives that follow document: Assessment of background traffic including other planned projects in the area of impact, Calculation of trip generation for Sempeles Property, Distribution and assignment of Sempeles Property generated trips onto the study area road network, Analysis of capacity and level of service using the newest version of the highway capacity software, HCS -2000, for existing and future conditions. EXISTING CONDITIONS PHR +A conducted AM and PM peak hour manual turning movement counts at the intersections of Rest Church Road/1 -81 southbound ramps, Rest Church Road/I -81 northbound ramps and Rest Church RoadfRoute 11. In order to determine the ADT (Average Daily Traffic), PHR +A assumed a "k" factor (the ratio of PM peak hour traffic volumes to 24 -hour traffic volumes) of 0.10. Figure 1 shows the existing (2002) ADT and AM/PM peak hour traffic volumes at the intersections of Rest Church Roadfl -81 southbound ramps, Rest Church Road/I -81 northbound ramps and Rest Church Road/Route 11. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 1 No Scale AM Peak Hour(PM Peak Hour) Aye ate Dai iT PHA Figure 1 Existing Traffic Conditions A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 2 No Scale Unsignalized Intersection AM Peak Hour (PM Peak Hour) Denotes Critical Unsignalized Movement PHRA r Figure 2 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 3 2012 BACKGROUND CONDITIONS Existing traffic volumes were increased along Rest Church Road, the I -81 northbound/southbound ramps and Route 11 using an historic growth rate of 5% per year (compounded annually) through Year 2012. Figure 3 shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2012 background lane geometry and AM/PM peak hour levels of service. HCS -2000 levels of service worksheets are provided in the Appendix section of this report. TRIP GENERATION Using the 6th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR +A prepared Table 1 to summarize the trip generation for the proposed Sempeles Property development. Table 1 Sempeles Property Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 130 Industrial Park 1,197,900 SF 684 150 834 182 685 867 6,693 820 Retail 98,000 SF 96 62 158 297 322 620 6,729 Total Trips 780 212 992 480 1,007 1,487 13,422 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR +A utilized the trip distribution percentages show in Figure 5 to assign the Sempeles Property trips (Table 1) throughout the study area roadway network. Figure 6 shows the respective development generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 4 No Scale AM Peak Hour(PM Peak Hour) A D i P F Figure 3 P 2012 Background Traffic Conditions A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 5 Signalized Intersection LOS C(C) Signalized Intersection LOS B(B) 2012 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 6 1 Trip Distribution Percentages A Traffic Impact Analysis of the Serapeles Property December 16, 2002 Page 7 Development Generated Trip Assignments A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 8 2012 BUILD -OUT CONDITIONS Sempeles Property assigned trips (Figure 6) were added to the 2012 background traffic volumes (Figure 3) to obtain 2012 build -out conditions. Figure 7 shows 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2012 build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Sempeles Property development are acceptable and manageable. All study area intersections maintain acceptable levels of service `C' or better for 2012 build -out conditions. A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 9 No Scale Rest Church Road AM Peak Hour(PM Peak Hour) A`��eage;�Daips' P Figure 7 2012 Build -out Traffic Conditions A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 10 Signalized Intersection LOS C(C) P r H Figure 8 P 2012 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 11 CONCLUSION ttonHarrisRust' Assonate TRIP ASSIGNMENTS 2012 BUILD -OUT CONDITIONS ca, ettli CD ram t¢®a.n€t J 208 Church Street, S.E. Leesburg, Virginia 20175 Phone: 703.777.3616 Fax: 703777.3725 To: Sempeles Property File From: John Callow, PHR +A Date: May 9, 2003 Re: An Addendum to' A TrafFiclm of the Sem nelesProp e rty Patton Harris Rust Associates, pc (PHR +A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR +A, dated December 16, 2002. Subsequent to the December 16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In effort to address the corresponding traffic impacts, PHR +A has provided the following documents: I) revised development- generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised 2012 build -out lane geometry and AM/PM peak hour levels of service results. The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR +A has provided Figure 1 to show the revised development- generated AM/PM peak hour trips and ADT assignments along the study area roadway network. PHR +A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. An Addendum to: A Traffic pact Analysis of the Sempeles Property May 9, 2003 Page 2 of 4 P N No Scale Rest Chore 0 I33 '�I> (64J) (80) SITE AM Peak Hour(PM Peak Hour) A %eiage ?D ilYiTiin PHM. Figure 1 Development- Generated Trip Assignments An Addendum to: A Traffic I pact Analysis of the Sempeles Property May 9, 2003 Page 3 of 4 P H R A No Scale AM Peak Hour(PM Peak Hour) A _p F Figure 2 2012 Build -out Traffic Conditions An Addendum to A Tra c Impact Analysis of the Sempeles Property May 9, 2003 Page 4 of 4 No Scale Rest Ch 0 y% a Unsignalized Intersection (C)* Signalized Intersection s La LOS C(C) Cm) raw ine o, SITE AM Peak Hour (PM Peak Hour) Denotes Critical Unsignalized Movement _p Figure 3 2012 Build -out Lane Geometry and Levels of Service OUTPUT MODULE APPLICANT: Arogas Net Fiscal Impact LAND USE TYPE B3 Truck Stop Costs of Impact Credit. Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $14,939,802 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE RESCUE 1 Capital Faciltiies col sum only) Oper Cap Equip Expend /Debt S. Taxes Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $82,856 $0 $0 $82,856 #DIV /0! Elementary Schools $0 Middle Schools $0 $0 $0 $0 $0 $0 #DIV /0! High Schools $0 Perks and Recreation $0 $0 $0 $0 $0 #DIV /0! Public Library $0 $0 $0 $0 $0 #DIV /0! Sheriff's Offices $0 $8,940 $0 $0 $8,940 $8,940 $0 #DIV)O! Administration Building $0 $0 $0 $0 $0 #DIV /01 Other Miscellaneous Facilities $0 $21,436 $23,667 545,103 $45,103 $0 #DIV /0! SUBTOTAL $82,856 $30,376 $23,667 $0 $54,043 $54,043 $28,814 #DIV /0! LESS: NET FISCAL IMPACT $10,507,908 $10,507,908 $10,507,908 ($10 507,908) #DIV /0! NET CAP. FACILITIES IMPACT METHODOLOGY: NOTES: Model Run Date 12/09/04 MTR INDEX: "1.0" If Cap. Equip Included INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg PLANNING DEPT PREFERENCES 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. Project Description: Assumes max business density of 229,531 square feet of retail use on 12.178 acres zoned B3 District (Rez.App. 18,848 /acre). Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 1.0 0.0 Rev -Cost Bal 1.0 1.0 Ratio to Co Avg 1.000 1.342 $0 #DIV /0! REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District Manning Property Preliminary Matters Pursuant to Section 15.2 -2296 et. Seq., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County' Zoning Ordinance with respect to conditional rezoning, the undersigned applicant hereby proffers the following terms and conditions in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #°'1'O5 for the rezoning of 9.442 acres from the Industrial, General District (M2) designation to Industrial Transitional District (B3) Interstate Overlay District (IA) and 2.736 acres from the Rural Areas (RA) designation to Industrial Transitional District (B3) Interstate Overlay District (IA). The total acreage of Industrial Transitional District (B3) with IA would therefore be 12.178 acres. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 12.178 acres, with frontage along US Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from M2 and RA to B3 and IA, the undersigned will pay to Frederick County, at the time a building permit is issued, the sum of $10,000. This .monetary proffer provides for $5,000 for Clearbrook Fire and Rescue and $5,000 for Sheriff's Office. Site Development Plan The development of the subject property and the submission of any Master Development Plan or Site Plan shall be in conformance with all pertinent County regulations. Voluntarily proffered is the attached Architectural Concept Plan including the following improvements: REZONING REQUEST PROFFER Property Identification Numbers 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District Manning Property (See attached architectural site plan, hereby proffered and made a part hereof) Street Improvements a. Along the property frontage on U.S. Route (Martinsburg Pike) to Woodbine Road (VA Sec. Rt. 669), the applicant shall construct curb and gutter and storm sewer with a 12' lane widening consistent with VDOT commercial standards. b. The applicant shall construct a commercial truck entrance to VDOT standards with centerline intersection aligned with the centerline intersection of Woodbine Road (VA Sec. Rt. 669) and U.S. Route 11 (Martinsburg Pike). The applicant shall also construct two (2) 40' commercial entrances for automobiles. c. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/US. Route 11 intersection. The timing for ultimate signalization of the intersection will be determined by VDOT. Subject only to VDOT timing for ultimate signalization for the Woodbine Road/US. Route 11 intersection, applicant will fund up to 100% of the cost of signalization and complete the signalization prior to occupancy. d. The applicant shall construct two (2) 250' left turn lanes on US Route 11 (Martinsburg Pike) for traffic turning onto Rest Church Road (VA Sec. Rt. 669) from US Route 11 (Martinsburg Pike). e. All US Route 11 (Martinsburg Pike) improvements will be consistent with VDOT standards f. See Architectural Site Plan made a part hereof Design Features REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District a. See Architectural Site Plan made a part hereof. b. See attached photograph, Mr. Fuel 46, made a part hereof. Additional Site Proffers a. Storm water runoff resulting from improvements constructed within the Duncan Run Watershed shall receive treatment as required by the Virginia Storm water Management Regulations, First Ed. 1999, Chapter 2, Table 2 -3 which results in the highest order of storm water control existing under Virginia law. The stormwater pond shall be lined with impervious liner materials to preclude any possible groundwater impacts. b. All utilities shall be underground. c. No buildings or pavement shall be constructed within the Flood Plain along Duncan Run. d. Oil water separator(s) will be implemented. e. Electric stations to be provided for the 31 truck parking spaces. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: G'�/ T. Pat Manning Date: .r 'L Manning Property By: altetr _t C� c+�u-� -+y Audre Manning Date: r Si —or Date: d` 5t't i REZONING REQUEST PROFFER Property Identification Numbers: 33A- ((A)) -12; 33A- ((A)) -13; 33A- ((A)) -14; 33A- ((A)) -15; 33A- ((A)) -15A Stonewall Magisterial District By: £2c..cd t c "727 z +-c oSn9it /1-{i SS0u it auknJr 07° S'reamitte. 3 The f instrument, was acknowledged before me this day of Al by TP4'/ V A/A/6— ,qu0g6y A. AiA vAh;v6 My commissio Notary Public Manning Property xpires OS 0 0 (v p A.f e I An.11? AUDREY J. PAULE Notary Public Missouri St. Charles County My Commission Expires May 3. 2006 J 1 /2 /7 acres M2 24 fo 83 IT 4 C 9''t92 a- 2.736 SIc S5 f l C e. -v s -1-- s___ C S t 42-0 4" -.A-. --7& J c4 r VI (1 A 6 .ti-I tAL a_ p (u,K a...t.PC ar c J t oIutt Jane Cli Y cC- .r.G- e- 117-,, w ,i��. p /o t s(. CflGVo -u ct al- UC-t'2c ��Jn1" eat 13 LA4 0 rA PAo T Ana 21 /ciL 0 C AC', a"rUctk ruc i i iscr k/.. \i-Cy AA.... 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