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HomeMy WebLinkAbout001-06 Clearbrok Business Ctr. - 1.886 Acres RA to B3 - Stonewall - Backfile. O m � N c, O o N co CID Ycz o U dl� 'pII t IIIII�I bA V V RECEIVED FROM-1-SW F DDRESS DATE "Z ir15 Yl Iv,, ��cc1 A+�i �u �l�DJrum'si MIN, •. VIVA AMT.N ACCOUNT I CASH I AMT. PAID C� _ CHECK l BALANCE I MONEY I OUE OROER1 BY 00�iJ� m 0 m cr cr 0 LL 2630 DATE No. RECEIVED FROM ADDRESS —I�� DOLLARS S FOR AMT. !1,1, BY CASHCCO I I AMT. PAID CHECK BALANCE I MONEY � ❑uE oROEa tEZONING TRACKING SHR-T Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis L- -'} Taxes Paid Statement Adjoiner List Impact Model Run DATE � g Application received/file opened D Reference manual updated/number assigned ,7, 0 D-base updated D Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing o COLnX '--k and location map ordered from Mapping o� 08(o rFile given to office manager to update Application Action Summary © PC public hearing date ACTION: -APPROVE- 3 BOS public hearing date ACTION: APf''�? imp Signed-copy-o€ resolution- for- amendment ofordinance, with conditions proffered -- [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) p 6 Action letter mailed to applicant 3/ Reference manual and D-base updated 3 •� 3 • ��o File given to office manager to update Application Action Summary (final action) 3 o File given to Mapping/GIS to update zoning map Zoning map amended U \Cvol\Commoml—kmg rcz Rmsed 05/09/02 L� 0 .1 L:RlAi) TRIAD ENGINEERING, INC. Geotechnical, Environmental & Construction Consultants P.O. BOX 228 HAGERSTOWN, MD 21740 Telephone: (301) 797-6400 FAX: (301) 797-2424 1 Report of Routine Wetlands Delineation Study APPROXIMATE 31-ACRE CLEAR BROOK, VIRGINIA SITE Frederick County, Virginia TRIAD Project No. 03-05-0641 Prepared For Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 Prepared By Triad Engineering, Inc. 1075 D Sherman Avenue Hagerstown, Maryland 21740 December 15, 2005 1 P.O. Box 228 Hagerstown, MD 21740 Phone 301-797-6400 FAX 301-797-2424 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 RE: Report of Routine Wetlands Delineation Study Approximate 31-Acre Clear Brook, Virginia Site Frederick County, Virginia TRIAD Project No. 03-05-0641 M:tIdD December 15, 2005 ' Dear Mr. Oates: Presented herein is a report of our Routine Wetlands Delineation Study for the above - referenced subject site. A site vicinity map, wetland delineation data forms, and a site plan are included in Appendices A, B, and C to this report, respectively. ' The purpose of this investigation was to determine the presence and extent of jurisdictional waters of the United States, including wetlands, within the confines of the subject site. As such, this report is intended to provide a user with the information required by federal and state agencies to ' perform a jurisdictional determination (JD). It is also to be utilized as a tool for the planning and design of a property that is in accordance with federal and state wetland regulations. Furthermore, it may be submitted as part of a Joint Permit Application (JPA) to obtain authorization to impact jurisdictional waters of the United States, including wetlands, when they are present and impacts cannot be avoided. In summary, Triad Engineering, Inc. (TRIAD) performed a Routine Wetlands Delineation Study to determine if jurisdictional waters of the United States, including wetlands, exist within the confines of the subject site. The investigation consisted of an off -site, office analysis and an on -site inspection using the three (3) parameter approach as outlined in the Army Corps of Engineers (COE) Wetlands Delineation Manual (1987). As a result of our investigation, it is our conclusion that there are no jurisdictional waters of the United States, including wetlands, within the confines of the subject site. However, the Soil Survey of Frederick County, Virginia identifies Thomas Run within the confines of the subject site. Therefore, it is T► IAD's recommendation that a Jurisdictional Determination (JD) be obtained from the COE. ' Morgantown • St. Albans West Virginia Triad Engineering, Inc. Greensburg Winchester • Harrisonburg • Purcellville Pennsylvania Virginia Hagerstown Maryland Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 December 15, 2005 Page 2 We appreciate the opportunity to have been involved with this project and will be available to answer any questions or respond to comments you may have concerning this site and our conclusions. Sincerely, TRIAD ENGINEERING, INC. lvlru'� lJ Jeffry ga Staff Envirommental Specia ist Timothy KK91erman Senior Environmental Specialist TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION......................................................... 1 2.0 SCOPE OF SERVICES .................................................... 1 3.0 SITE DESCRIPTION......................................................2 4.0 OFF -SITE ANALYSIS ..................................................... 3 5.0 ON -SITE INSPECTION ............................................... . ... 3 6.0 ON -SITE INSPECTION METHODOLOGY ................................... 4 7.0 FINDINGS...............................................................6 8.0 CONCLUSIONS AND RECOMMENDATIONS ............................... 7 9.0 LIMITATIONS...........................................................7 Appendix A - ILLUSTRATIONS Appendix B - WETLAND DELINEATION DATA FORMS Appendix C - SITE PLAN Appendix D - RESUMES Report of Routine Wetlands Delineation Study APPROXIMATE 31-ACRE CLEAR BROOK, VIRGINIA SITE Frederick County, Virginia ' TRIAD Project No. 03-05-0641 ' 1.0 INTRODUCTION ' Presented herein is a report summarizing the results of a Routine Wetlands Delineation Study conducted by Triad Engineering, Inc. (TRIAD) at the above -referenced site. The purpose of this investigation was to identify and locate any jurisdictional waters of the United States, including wetlands, within the confines of this site. This report outlines the results of our office analysis and ' site investigation. It also presents our general recommendations for proceeding with site planning and design. 2.0 SCOPE OF SERVICES ' The criteria utilized to perform these services were consistent with those procedures established by the January 1987 Army Corps of Engineers (COE) Wetlands Delineation Manual. ' The following is a more detailed list of services that were included in this investigation. 1. Performing an off -site or office analysis, which consisted of a review of available information such as U.S. Geological Survey (USGS) 7.5-Minute Series Topographic Maps, Soil Survey Maps, U.S. Department of the Interior Fish and Wildlife Service National Wetland Inventory (NWI) Maps, and Flood Hazard Maps provided by the Federal Emergency Management Administration (FEMA) and the Environmental Systems Research Institute, Inc. (ESRI). ' 2. Performing an on -site investigation in accordance with the Routine Determination Method, as outlined in the January 1987 COE Wetlands Delineation Manual, to identify and delineate ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 ' December 15, 2005 Page 2 jurisdictional waters of the United States, including wetlands, located within the confines of tthe project site. This included identification of vegetation using visual inspection with the aid of plant identification keys, identification of hydric soil indicators using shallow probes ' to visually inspect soil profiles with the aid of a Munsell Soil Color Book, and the identification of wetland hydrology indicators using shallow probes and visual inspection. ' 3. Marking the limits of J jurisdictional waters of the United States including wetlands in the , ' field with flagging. ' 4. Preparing a sununary report, which contains general information about the site and describes the jurisdictional waters of the United States, including wetlands, that were delineated. This report also contains data forms that are typical with the use of this method and a site plan. Our scope of services did not include an investigation for federal or state rare, threatened, ' and/or endangered plants or animals; an archeological study; an investigation to determine the presence of historic structures or archeological sites; hydrogeologic services; a flood plain study; ' surveying; drafting; or federal or state permitting for impacts to jurisdictional waters of the United States, including wetlands, as a result of proposed development activities. ' 3.0 SITE DESCRIPTION ' The approximate 31-acre Clear Brook, Virginia site is located along the western side of Martinsburg Pike (U.S. Route 11), approximately 2,000 feet north of its intersection with Hopewell ' Road near Clear Brook, in Frederick County, Virginia. The project site consists of three (3) adjoining parcels identified as 33-(A)-123, 33-(A)-122A, and 33-(A)-125 and comprising 14.278, ' 2.608, and + 14 acres, respectively. The project site contains an existing small farm complex, an existing mobile home, and the foundation remains of several former structures. The remainder of ' the project site consists of fallow fields and pasture. A mixture of residential, agricultural, and highway use land surrounds the subject site. ' Overall, the subject site consists of flat to rolling topography with surface elevations ranging between approximately 640 feet to approximately 620 feet above mean sea level (MSL). The subject site drains toward the east beneath U.S. Route 11. The local surface topography and land features are more clearly illustrated on Plate A-lof Appendix A. ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 ' December 15, 2005 Page 3 4.0 OFF -SITE ANALYSIS The portion of the Inwood, West Virginia -Virginia quadrangle USGS 7.5-Minute Series ' Topographic Map that illustrates the subject site location and land forms is included as Plate A-1 of Appendix A to this report. A review of the USGS Map did not identify any surface water features ' within the confines of the subject site. ' The portion of the NWI Map for Inwood, West Virginia -Virginia that shows the subject site location is included as Plate A-2 of Appendix A to this report. A review of the NWI Map did not identify any wetland habitats within the confines of the project site. ' Map sheet 19 of the Soil Survey of Frederick County, Virginia, issued 1987, identifies the mapped soils at the project site as 32B - Oaklet silt loam, which is not listed as a hydric soil. In addition, a review of the Soil Survey Maps identified Thomas Run as flowing west to east across the ' subject site. The portion of the Soil Survey Map that shows the subject site location is included as Plate A-3 of Appendix A to this report. Based on information provided by the Flood Plain Map Database maintained by the Federal ' Emergency Management Administration (FEMA) and the Environmental Systems Research Institute, Inc. (ESRI), accessed December 2005, the applicable snap for the local vicinity did not identify a ' mapped 100-year flood plain at the subject site. A copy of the flood plain map that shows the project site location is included as Plate A-4 in Appendix A. 5.0 ON -SITE INSPECTION Tim Kellerman and Jeff Feaga of TRIAD, whose resumes are included as Appendix D, conducted an investigation at the subject site on December 8, 2005, while accompanied by Mr Gary ' R. Oates of GreyWolfe, Inc., the project land surveyor. During the investigation, the site was accessed and inspected on foot; the rough perimeter boundary lines of the site were located with help ' from Mr. Oates, and the interior of the overall site was examined for the presence of jurisdictional waters of the United States, including wetlands. Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 ' December 15, 1005 Page 4 6.0 ON -SITE INSPECTION METHODOLOGY The following is a general description of the methods utilized and observations made to ' characterize the parameters (hydrophytic vegetation, wetland hydrology, and hydric soils) necessary for an area to be considered a wetland. Vegetation was analyzed in the following manner. At random observation points, dominant ' plant species were visually selected, categorized, and recorded in the order of decreasing dominance. At each observation point, an observation area with a 5-foot radius was used for herbs, saplings, and ' shrubs and a 30-foot radius was used for trees and woody vines. Plants were categorized into four (4) different stratums. They were the tree stratum, sapling/shrub stratum, woody vine stratum, and herb stratum. After the dominant plants were listed and categorized, indicator statuses of the ' dominant species were assigned. Plant indicator statuses were obtained from the National List of Plant Species that Occur in Wetlands: Northeast (Region 1). By this method, it was determined if ' the vegetation was hydrophytic or upland. ' Hydrophytic vegetation is one of three (3) parameters, which must be present under normal circumstances for an area to be identified as a wetland. Hydrophytic vegetation is defined as "the ' sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present". Soils saturated with water most of the time cannot readily supply oxygen needed by normal plants. Plant species that lack special adaptive traits cannot successfully grow and compete in areas that are subject to prolonged ' inundation and saturation. To determine that hydrophytic vegetation is present, greater than 50% of the plant species, in a given plant community, must be facultative (FAC), facultative wetland I (FACW), and/or obligate wetland (OBL), as opposed to being facultative upland (FACU) or upland (UPL), and/or other indictors must be present. Obligate plants almost always occur in wetlands ' while the different facultative plants have various affinities for wetlands and are also found in uplands. Other indicators of hydrophytic vegetation can consist of a visual observation of plant ' species growing in areas of prolonged inundation and/or soil saturation and/or visual observation of morphological, physiological, or reproductive adaptations. When making a determination, emphasis is placed on the dominant plant species, which comprise the plant community and exert a controlling influence on the overall plant community. A determination is not based on the presence of scattered individuals that do not contribute a controlling influence on the overall plant community. ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 December 15,1005 Page 5 If hydrophytic vegetation is present in an area then wetlands are suspected and the area is examined for indicators of wetland hydrology. Indicators of wetland hydrology may include: drainage patterns, drift lines, sediment deposition, water -marks, stream gauge data and flood predictions, historic records, visual observation of saturated soils, and visual observation of inundation. Any of these indicators may be evidence of wetland hydrologic characteristics. ' Recorded data is usually only available for areas adjacent to well-known streams; therefore, the use of recorded data is generally limited. For this reason, TRIAD normally relies on field observations to determine if indicators of wetland hydrology are present. When relying on visual observations, one primary indicator or two secondary indicators of wetland hydrology must be present. ' Likewise, if hydrophytic vegetation and/or wetland hydrology are present, then wetlands are suspected and the area is analyzed for the presence of hydric soils. Several indicators are also ' available for determining whether a given soil meets the definition and criteria for hydric soils. Indicators of hydric soils may include: organic soils, histic epipedons, sulfidic material, aquic or ' peraquic moisture regime, reducing soil conditions, soil colors, soil appearing on hydric soils list, or iron and manganese concretions. Under normal circumstances, TRIAD relies on field observations ' to determine if hydric soils are present by performing shallow soil probes and visually inspecting soil profiles with the aid of a Munsell Soil Color Book. TRIAD specifically looks for the presence of ' gleyed soils, soils with bright mottles and/or low matrix chroma, or iron and manganese concretions in the horizon immediately below the A -horizon or 10 inches (whichever is shallower), since these characteristics are generally the most common indicators of hydric soils. When wetland hydrology and/or hydric soils are present, but hydrophytic vegetation is absent, ' waters of the United States, i.e., streams, rivers, or open water bodies such as lakes and ponds, may be present. Typically, due to the concentrated flow of water and/or sustained inundation with ' significant depth, these forms of surface water features do not support hydrophytic vegetation; therefore, they are characterized and regulated as waters of the United States, not wetlands. Those ' areas that do not support hydrophytic vegetation, cannot be characterized by the term "wetlands". The term "wetlands" refers to "those areas that are inundated or saturated by surface or ground water ' at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions". However, wetlands often occur adjacent to these forms of surface water features, especially when the slope to the water course is moderate to level. In order for an area to be considered as jurisdictional waters of the United States, it must exhibit an ordinary high water mark (OHWM) and it must be hydrologically connected to a receiving, jurisdictional waters ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 ' December 15, 2005 Page 6 of the United States The term OHWM refers to "that line on the shore established by the ' fluctuations of water indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, and the ' presence of litter or debris". The following is a general description of the methods utilized and observations made to characterize the parameters necessary for an area to be considered as waters ' of the United States ' Ephemeral, intermittent, and/or perennial streams along with open water bodies are typically identified based on the presence of an OHWM. Although surface water features, especially ' ephemeral and intermittent streams, do not always contain base flow or inundation since the presence of base flow and/or inundation is dependent on several factors such as the type of groundcover, soil properties and infiltration rates, drainage area, precipitation, and the groundwater level; the presence ' of an OHWM along with other factors such as the presence of hydric soils indicates that base flow and/or inundation is present for a significant duration. With regard to identifying the different types ' of streams, perennial and intermittent streams are usually easier to identify since they are influenced by both surface water and groundwater and either contain base flow or consist of a significantly ' scoured channel, while ephemeral streams are more difficult to identify since they convey only surface water runoff as a result of precipitation events. Since ephemeral streams will generally only ' contain base flow for a very short duration, a scour channel with a recognizable OHWM is not always evident. On this basis, determining whether or not an ephemeral stream is jurisdictional is very subjective. 7.0 FINDINGS Based on the off -site, office analysis and the on -site inspection, jurisdictional waters of the ' United States, including wetlands, are not present at the subject site. A brief discussion of the noteworthy conditions at the subject site are as follows: ' Although the Soil Survey Ma identifies a surface water feature in the form of a named g Y p ' stream (Thomas Run) at the subject site, TRIAD did not identify any jurisdictional waters of the United States, including wetlands, within this area, which is consistent with the USGS ' Topographic Map. The basis for this determination was that although an upland drainage swale with evidence of limited surface water erosion is present, there was no incised channel with a bed and banks exhibiting an OHWM, hydric soil indicators, or hydrophytic vegetation ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 December 15, 2005 Page 7 present in this area whatsoever. Furthermore, there was no evidence of a stream and/or ' wetlands observed beyond U.S. Route 11, which is topographically down gradient from the subject site. Noteworthy is that the identification of streams on the Soil Survey Maps within upland drainage swales where no streams are actually present, is consistent with other areas with karst terrain. ' A small, recentlyexcavated and is resent within the aforementioned upland drainage P p p g swale. This pond is completely isolated with no headwater channels extending into the pond or discharge under normal circumstances. It consists of an excavated basin that impounds ' short -duration surface water runoff, but because this pond is solely dependant on surface water runoff and there are well -drained soils and karst terrain present, it does not maintain a significant and/or static water depth. As a result, the sides and littoral areas of the pond are ' dominated by upland vegetation. Since this pond was most likely constructed in uplands, it is isolated, and it does not function as a wetland habitat, it should not be subject to regulation by the COE or Virginia Department of Environmental Quality (DEQ). ' 8.0 CONCLUSIONS AND RECOMMENDATIONS I In conclusion, TRIAD perfonned a Routine Wetlands Delineation Study, which consisted of an off -site, office analysis and an on -site inspection using the 3-parameter approach as outlined in ' the COE Wetlands Delineation Manual (1987), to determine if jurisdictional waters of the United States, including wetlands, exist at the subject site. As a result of our investigation, it is our conclusion that there are no jurisdictional waters of the United States, including wetlands, ' within the confines of the subject site. However, the Soil Survey of Frederick County, Virginia identifies Thomas Run within the confines of the subject site. Therefore, it is TRIAD'S ' recommendation that a Jurisdictional Determination (JD) be obtained from the COE. ' 9.0 LIMITATIONS ' This investigation and report have been prepared by TRIAD for the exclusive use of Mr. Gary R. Oates and GreyWolfe, Inc. their employees and affiliates, and their counsel and consultants under the terms and limitations of our proposal and general conditions for specific application to the approximate 31-acre Clear Brook, Virginia site located along the western side of Martinsburg Pike I (U.S. Route 11), approximately 2,000 feet north of its intersection with Hopewell Road near Clear ' Approximate 31-Acre Clear Brook, Virginia Site - Frederick County, Virginia RE: TRIAD Project No. 03-05-0641 ' December 15, 2005 Page 8 Brook, in Frederick County, Virginia. The work on this project has been carried out in accordance ' with reasonable and acceptable environmental practices. No other warranty, either written or implied, is applicable to this project. Our opinions and conclusions were based on a point in time observations; however, the ' environmental parameters associated with wetlands are continually changing over time. Therefore, site conditions are likely to vary over time from those encountered during our investigations. Due ' to the fact that a wetland is an ecological transition zone, the accuracy with which it can be delineated is limited. Also, boundaries may changeover time due to continually changing conditions ' in the environment, and as such, TRIAD cannot assume responsibility for their changing conditions. For these reasons, our investigation is valid only at the time and locations at which it was performed. ' We appreciate the opportunity to provide our services on this project. Should you have any questions concerning this report, please do not hesitate to contact the undersigned at (301) 797-6400. Prepared by: ' TRIAD ENGINEERING, INC. ' Jeffry B. F ga Staff Environmental Specialist Timothy J lerman Senior Environmental Specialist 1 H 11 L I Appendix A I ILLUSTRATIONS H 1 1 I V. It\ _PM622 A P IN, 644 it ('50 ('511 N E OH NQ E 3 13M BM rook, 41, IcAi rriv 7.5 minute Series Map Inwood, West Virginia -Virginia Quadrangle CRIAID Triad Engineering, Inc. 1966 Photorevised 1984 Approximate scale 1" = 1600' Site Vicinity Ma Plate No. A-1 M'4.� r I f7ti±sT8 r ject Si rw ru+ Wwi vf !.�.. ! ; .' 1 National Wetland Inventory Map Inwood, West Virginia -Virginia U.S. Fish and Wildlife Service Wetlands Online Mapper http://wetiandsfws.er.usgs.gov/ Not To Scale L�jA� National Wetland Inventory Triad Engineering, Inc. Map Plate No. A-2 Map Sheet 19 Soil Survey of Frederick County, Virginia Not To Scale ' Issued January 1987 ' � &URIA D Soil Suivey Map Plate No. ' Triad Engineering, Inc. A-3 CORI AD Flood Plain Ma Triad Engineering, Inc. N 1L C RR FLOOD HAZARD AREAS FIB Data ❑ 100 — Yr Flood ❑ 500 —'r Flood ❑ Wainer Booties ❑ No Data Plate No. A-4 Appendix B WETLAND DELINEATION DATA FORMS d 1 DATA FODR?NI ROIJTIIVE WET -LAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site. tr (Do fly p s Date: Applicant/Owner. r ► r e- County: Investigator: ry, -�v161 I State: I`G0. Do Normal Circumstances exist on the site? Yes o Community ID: Is the site significantly disturbed (Atypical Situation)? Yes o Transect ID: Is the area a potential Problem Area? Yes No Plot ID: . (If needed, explain on reverse.) VEGETATION Dominant Plant S eci s Stratum lndieetar Dominant Plant Species stratum 1 ieator ). dG r U , li_ 2. � IS-�' r U a .10. 3. i LC Sl. c ___ 1 t . 4. 12. 5, 13. 6, 14. 7. 15. Pam"t of Dominant Species that are Oat., FACW or FAC lexcUding FAC-). Remarks: HYDROLOGY _ Recorded Darter (Describe in Remarks): _ Stra n, Cake. or Timis Gauge Aerial Photographs Other )CNo Recorded Data Available Wettand Hydrology kwHaatars: Printery Indicators: _ {"undated Saturated In Upper 12 Inches Water Marks _ Drift Unes _ Sediment Deposits Meld Observations: Draimrga Patterns in Wattands y� Secondary Indicator% (2 or more required): Depth of Surfeca Water: ► I oN fin.) _ O�ddized Root Channels in Upper 1 Z Inches 8 _ Water -Stained Leaves Depth to Frea Water in Pit: t (in.) _ Loeal SoR Survey Data _ FAC-Neutral Test Depth to Saturated Soil: 7^(in.) T Other (Explain in Remarks) Romerks: LIYY1rde� SGbUtf` r PUI tCP of �%i ec'oXe- V-01J 16 N 00` DP SOILS Map Unit Nanntl 1 loam tle I--,Dra+nag® Gass:(Serits and Phase): G�Field Obsorvations Confirm Mapped es NO Type? Y Taxonomy (Subgroup): PLofi(4 Description: Taxturs, Concretions, pepXh Matrix Color Mottle Colors l .n inchesl Hgrizgn (Munseli Moist► (Mansell Moist) Abu nn dance/Contrast Slrticcure qte. 0 Y8 Hydric Soil (rtdtcatom," _ Histosal _ Hisdc Epipadon _ Strlfdic Odor Aquic Moisttxe Rayime _ Redutinq Conditions GW"d or Low-Chrutna Colors aennanks:. d h.0 Soil WETLAND ©ETERM(NATiON _ Concretions iggh Org&Wo ConteAt in Surface L.eYer in Sandy Soils oraertic Streshinv in Sandy Soils Listed on Focal Hydric Sacs List Listed on National Hydrae Sacs Ust odwt (Explain in Rwnwksl - (Circle) Hydrophytic Vegetation Present? Y No (Circle) Wadentd Hydroiopy Present?' Hydtic Soda Present? ao No is this Sampling Point Within e Wedendl Yes ° f Remarks: Y' ( I a r-ou . 1 201 - DATA FOPM ROUTINE WETLAND DETERMINATION (1 987 COE Wetlands Delineation Manual) Project/Site. C'tRr 6t�7©� Ilorye ' I Applicant/Owner- o Investigator:--IlnFib Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Date: I-2Ig1 -.7,y0S County: 'ire p'el ifi4Q State: 1V,,' Yes Community I : Yes N TransectID: Yes o Plot ID: 5 WGUAT10N ' Dominant Nant S ecies Stratum Indicator Dominant Pint Species stratum ln4igator 1. Uri 61 n d 0 k r _ u i�- 9. 2.-'*�L *. v 1,(.S - AG !ram/ so. 4. 12. 6. 14. 7. 1 S. Pereent of Dominant Speciei that are GER_ FACW w FAC J/ (excluding FAC-). Z ' Remarks: Z ��f?F4CWj a 0 f HYDROLOGY Recorded Date (Describe In Remarks): Wettand Hydrology {indicators: Stream, lake, or Tide Gauge primary Indicatofs: _ Aerial Photographs _ Inundated Other Saturated In Upper 12 Inchas J� Na Reearded Data Available, &lacks Drift _ Deift Lines _ Sadment Deposits Feld Observations: _ Drainage Patterns in Wetlands ' Secondary Indicators (2 or more required): Depth of Surface Water (in.) _ otddized Root Channels in Upper 12 Inchos 7 (, _ Water -Stained Leaves Depth to Free Water in Pit: (in.) Local Soil Survey Date = FAC•Nautral Test Depth to Saturated Soil: 71a (in.) _ Other (Explain in Remarks) Romar{cs: ,. goo. DP -a SOILS - Mop Unit Name* e Drain-go Class: d l-1"`�"f e) jSaries and Phase):: N( J 1 Feld Obsarvedons Confirm Mapped Type? ,No Taxonomy (Subgroup): PrgL C]escripdon: Matrix Color Mottle Colors mottle Texturs, concretions, Depth inches) Horizon _ C Aunselt Moist Moist) Abundance/Conrrost S r cture te- Hy,dric Soil indicators: Hivrosd _ Concretions Sandy Soils f¢gh organic Content in Surface Layer in SWfp E Oder n ofgarja Stmbking In Sandy Soils _ Aquidic odor itAoianxs Flapema Listed on Local Hydit Sals list ___ . W ted on National HYdrlc Soils List _ R CendFtlona `— ottw (Explain ark+) in Rem Qleyrd or Law-chrnr»+ Colors Remarks: ! IN Remarks: a tl CO,,,k `f r" f 0y1 j ho+ (bcaW r( 0, -201 - Gi�_Ti? i=rrifvi ROUTINE WE{ -LAND DETERMINATION (1 987 COE Wetlands Delineation Manual) Project/Site. C learbrook FrVDPi"f1 es Date: �� �SI o�©05 Applicant/Owner- a—�� o � G. County: f'rrAit' -k Investigator: �' l T State: �`r i t Do Normal Circumstances exist on the site? 4es N Community f : Is the site significantly disturbed (Atypical Situation)? N Transect ID: Is the area a potential Problem Area? Yes N Plot ID:_ . (If needed, explain on reverse.) WGUATION 'T Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. e S '- .°1�'� 9. — 1. lr5 A �_ Cc 10. 4. e 0.T _J.�"� 12 ' S. 13. 6. 14. 1. Is. 16. Percent of Dominant Species that are OaL. FACW or FAC ' ►oxcladi•ng FAG-). Remarks: SoD/otr`laF6i S� I-A-(W/f ' HYDROLOGY _ Recorded Date (Describe In Remarks): _ Streerm Laker, or iide Gauge Aerial Photographs _� Other VNa Recorded Data Available Field Observations: Depth of Surface Water n.) Depth to Fro& Water in Pit: D, (in.) Depth to Saturated Soil: (in.) Wattand Hydrology Indicators: Primary Indicators: _ Inundated _Sawrated in Upper 12 Inches _ Water Marks _ Drift Lines Sa-filment Deposits ^_ Drainage Pattems in Wattands Secondary indicators (2 or more required): Oiddized Root Channels in Upper 12 Inches T Water -Stained Leaves _ Local Soil Survey Data _ FAC-Nautral Test Other (Explain in Remarks) Remarks: rn Yf1 Jovr evidpkwx o g +. f p f t Q .. 20Da SOILS Map Unit game 1/ U I� Drainage Gass: (Serifs end Phase►: l( 1 /y ! Field observations Confirm Mapped Type? Yes No TexonomY (Subgroup): Profile De scrsi Upn: tvSuttte Taxturs, Concretions, Depth Matrix Color Monte Colors inchasi Horizgn (Munsell Moisd OViunsal( Moist? Abundance/Co mat Struc[urc, ptc. 0 R Hydric Sod Indicators: _ Hictosal _ N[stia Epipodon _ Suifidia Od" �Aquia Moisaus Rapima RadQckV Conditions Gthyad or Lour-Chroma Colors Remarks: r , � E SID ��-�-_ Ch er-r} 6 C. WVIAND DEMMWATiON Concretions H(4h ora&rjo Content in Surface Lsyer in Sandy SOON orfisi+io Strsakinp in Sandy Sods Lhaed on Local Hydric Sags List Listsd on N860011111 Hydr(c Soils List Otter (Explain in Remarks) (Circle) HydmOhytic Vegetation Present? Y_ No (Circle) Watlaod Hydro4oV Present? ° is this sampling Point Withino Wetland? Yes No Hydrie Sods Present? es No R®marke: r 0 v I 1 _Cc1 �©� C.L W0 f"CC4 h N _201. I 1 L I Appendix C SITE PLAN Ll C 1 F H n Appendix D RESUMES JEFFREY B. FEAGA STAFF ENVIRONMENTAL SPECIALIST EDUCATION: B.S. - Environmental Science (aquatic focus) - 1999 - Virginia Polytechnic Institute and State University M.S. - Bioresource Engineering - 2003 - Oregon State University CERTIFICATION: Qualified Professional Forester - Maryland Department of Natural Resources TRAINING: Forest Conservation Qualified Professional Training - 2003 - Carroll Community College Basic Wetland Delineation - 2004 - Wetland Training Institute, Inc. EMPLOYMENT HISTORY: Environmental Specialist Research Assistant Laboratory Assistant Junior Industrial Hygienist PROFESSIONAL AND TECHNICAL SOCIETIES: The Groundwater Foundation PERTINENT EXPERIENCE: Triad Engineering, Inc., Hagerstown, MD 2003 Oregon State University Corvallis, OR 2000 to 2003 Virginia Tech Blacksburg, VA 1998 to 1999 Enviromnental Services and Technology, Corp. Jessup, MD Summer 1996 to 1998 Mr. Feaga is currently an environmental specialist for the Hagerstown, Maryland office of Triad Engineering, Inc. In this capacity, Mr. Feaga is responsible for providing technical assistance for all aspects of environmental site assessments, wetland delineations and forest stand delineations. Mr. Feaga has varied work experience including field sampling of soil, laboratory analysis of physical and chemical soil properties, chemical tracer analysis, stream biological monitoring, hydrologic measurements in soils and open water channels, and air quality monitoring. ' EDUCATION: � I � I TIM KELLERMAN SENIOR ENVIRONMENTAL SPECIALIST B.S. - Biology - 1993 - Shippensburg University, Shippensburg, Pennsylvania CERTIFICATION: Qualified Professional Forester - Maryland Department of Natural Resources TRAINING: Forest Conservation Act - 1994 - Frederick Community College, Frederick, MD Basic Wetland Delineation - 1995 - Wetland Training Institute, Inc., Poolesville, MD Phase I Environmental Site Assessments - 1995 - Environmental Assessment Association, Baltimore, MD I EMPLOYMENT HISTORY: Biologist - Triad Engineering, Inc., Hagerstown, MD ' 2001 to Present Environmental Specialist - Fox & Associates, Inc., Frederick/Hagerstown, MD ' 1993 to 2001 Research Technician - Shippensburg University Vertebrate Museum ' May 1992 — August 1992. PROFESSIONAL AND TECHNICAL SOCIETIES: Society of Wetland Scientists Association of State Wetland Managers PERTINENT EXPERIENCE: ' Mr. Kellerman is currently a senior environmental specialist for Triad Engineering, Inc and has over twelve (12) years of experience in performing the following: ' Wetland Delineations in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual. • Federal and State wetland permitting in accordance with Sections 404 and 401 of the Clean Water ' Act. • Wetland Mitigation Plans in accordance with Federal and State permitting requirements. • Forest Stand Delineations and Forest Conservation Plans in accordance with the Maryland Forest ' Conservation Act. • Phase I Environmental Site Assessments in accordance with the ASTM E 1527-00 standard. 1 /fin 0C�1N� +Of,IFREDERICK Department of Planning 540/ 665-5651 FAX: 540/665-6395 March 23, 2006 Mr. Gary Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603 RE: REZONING #01-06, CLEARBROOK BUSINESS CENTER Dear Gary: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 22, 2006. The above -referenced application was approved to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The subject properties are located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), and are identified with Property Identification Numbers 33-A-122A and 33-A-123, in the Stonewall Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, aj'�� T. &&� Susan K. Eddy Senior Planner SKE/bad Attachment cc: R & J Land Development, LLC, 1631 Redbud Rd., Winchester, VA 22603 Charles S. DeHaven, Jr., Stonewall District Supervisor John H. Light, Stonewall District Planning Commissioner Jane Anderson, Real Estate 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 REZONING APPLICATION 901-06 CLEARBROOK BUSINESS CENTER Staff Report for the Board of Supervisors Prepared: March 13, 2006 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: March 1, 2006 Recommended Approval Board of Supervisors: March 22, 2006 Pending PROPOSAL: To rezone 16.886 acres from RA (Rural Areas) District to 133 (Industrial Transition) District with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-122A, 33-A-123 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Agricultural and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) Use: Residential South: RA (Rural Area) Use: Residential & Agricultural East: RA (Rural Area) Use: Residential West: RA (Rural Area) Use: Agricultural PROPOSED USES: Business Commercial and Restaurant Rezoning #01-06 — Clearbrook Business Center March 13, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: (Comments dated 1/12/06) The documentation within the application to rezone this property appears to have significant impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Clearbrook Business Center rezoning application signed November 11, 2005, addresses transportation concerns associated with this request. It should be noted the Traffic ImpactAnalysis (TIA) indicates that additional turn lanes are required at the intersections of Route 11 and Route 672 north and south. Currently there is not sufficient right-of-wayfor turn lanes to be constructed to avoid the Level of Service falling to an "F". Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: VDOT provided additional comments on 2/28/06 concerning the revised TIA and the revised proffer statement dated February 3, 2006. VDOT stated that they can support the proposed rezoning of the Clearbrook Business Center with the additional proffers submitted by the developer that reduce the potential number of trips generated by this site, i.e. gas stations and high volume traffic generators removed. They were also supportive of the staff suggestions for further limiting B3 uses. Fire Marshal: Municipal water supply will need to be extended for fire fighting purpose, per Frederick County Code 90-4. Plan approval recommended. Clearbrook Fire & Rescue: Based on proffers to allow, and in the Frederick Co. Fire Marshall's comments. (Staff received verbal confirmation on 2/10/06 that Clearbrook Fire and Rescue has no problem with this application if the Fire Marshall's comments are addressed.) Public Works Department: 1. Refer to Impact Analysis, page 1, Existing Conditions: The discussion of the existing conditions indicates that the two (2) large box culverts under I-81 were installed to access a landlocked parcel on the west side of the interstate. Based on our site visit, we concur that these box culverts are being used to access this property. However, we also suspect that these culverts were primarily designed and constructed to pass the 50-year storm flows under I-81. Consequently, your rezoning should include provisions for sufficient drainage easements to accommodate these storm flows. 2. Refer to Impact Analysis, page 1, Proposed Development: The discussion refers to 100,000 square feet of heavy industrial use. Verify that this use is allowed in B3 or possibly consider an M2 rezoning. 3. Refer to Impact Analysis, page 1, Physical Impacts: The rezoning needs to address wetlands. Based on our site visits, it appears there are some traces of wetlands on this site within the natural drainage way and manmade pond. 4. Refer to Impact Analysis, page 2: The report refers to traffic impact analysis by Patton, Harris, Rust and Associates. A copy of this report was not included for our review package. Rezoning #01-06 — Clearbrook Business Center March 13, 2006 Page 3 Frederick -Winchester Service Authority: No comment. Sanitation Authority: I concur with the water & sewer comments. Frederick -Winchester Health Department: The Health Department has no objection to the proposal considering the new business part utilizes the available public sewer and water. Department of Parks & Recreation: No comment. Department of GIS: Lauren Drive has been approved and accepted into the Frederick County road naming system as noted on the submitted plan. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 27, 2006 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. Planninlz Department: Please see attached letter dated December 28, 2005 from Susan K. Eddy, Senior Planner. Plannin1l & ZoninjZ: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as Rezoning #01-06 — Clearbrook Business Center March 13, 2006 Page 4 the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). The site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan further states that "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. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The proposed B3 Zoning is a business use, and with large-scale warehousing limited, is generally consistent with the Northeast Land Use Plan as it relates to this site on Martinsburg Pike. The B3 District, while a business district, is more specifically an industrial transition district. Therefore, many of the design issues in the Northeast Land Use Plan concerning industrial uses are relevant. In particular the Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is likely that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed. Consideration should also be given to screening along Interstate 81. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors, such as Route 11. These include landscaping, screening and controlling the size and number of signs. These design elements should all be considered with this application. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. Rezoning 401-06 — Clearbrook Business Center March 13, 2006 Page 5 The applicant had a wetlands delineation report prepared for this site. The report concluded that "there are no jurisdictional waters of the United States, including wetlands, within the confines of the subject site. However, the Soils Survey of Frederick County, Virginia identifies Thomas Run within the confines of the subject site. Therefore, it is Triad's recommendation that a Jurisdictional Determination (JD) be obtained from the COE (Army Corps of Engineers)." The Army Corps of Engineers has visited the site and confirmed verbally that there is no stream on the site. Written confirmation will be provided at the Master Development Plan stage. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet soil association. The only soil type on the sites is Oaklet silt loam, 2 to 7 percent slopes (map symbol 32B), as shown on map sheet number 19 of the survey. This soil type is considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application (see TIA Addendum dated February 13, 2006) assumed 120,000 square feet of heavy industrial floorspace and an 8,000 square foot restaurant. Using trip generation figures fiom the I.T.E. Trip Generation Manual, 7`l' Edition, the proposed rezoning is projected to generate 1,197 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization at Hopewell Road, for which the applicant has proffered a monetary contribution. (The applicant has also proffered a monetary contribution towards future turn lanes at this intersection.) Staff Note: Staff was concerned with the low level of traffic modeled in the TIA, given the range of traffic generating uses allowed in the B3 District. To address this concern, the applicant is limiting the total floorspace on site to 128,000 square feet. Following the Planning Commission meeting, the applicant has proffered to prohibit gas stations and truck stops, freight terminals, paint, glass and wall paper stores, mobile home dealers and indoor recreation. The applicant is limiting restaurant use to a maximum of 8,000 square feet, limiting motor freight transportation /warehousing and transportation services to 20,000 square feet and limiting building materials, hardware, garden supply, mobile home dealers and retail nurseries to 20,000 square feet. These restrictions and limits give the County greater assurance that the development will generate traffic similar to that which was modeled in the TIA. B. Sewer and Water The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8, 489 gpd. The applicant will build a Rezoning #01-06 — Clearbrook Business Center March 13, 2006 Page 6 sewer pump station to be dedicated to FCSA. The pump station's holding capacity will be designed to hold 50,000 gpd so' that additional pumps can be installed in the future to accommodate neighboring parcels. The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. C. Community Facilities In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $0.05 per building square foot to Clear Brook Fire and Rescue Department and of $0.05 per building square foot to Frederick County for Fire and Rescue purposes. The timing of this contribution is dependant upon future building permits. 5) Proffer Statement — Dated January 25, 2006 (Revised March 2, 2006) A) Transportation Access from Martinsburg Pike will be restricted to one commercial entrance. An additional 12' lane will be paved along Martinsburg Pike. Interparcel connections to the north and south will be shown on the Master Development Plan. A pro-rata monetary contribution will be made toward the signalization of the intersection of Route 11 with Hopewell Road and Brucetown Road. A monetary contribution of $2,500.00 will be made towards the acquisition of future right-of-way for turn lanes at the intersection of Route 11 with Hopewell Road and Brucetown Road. An additional ten feet of right-of-way along the entire frontage of the property will be provided. B) MonetaKy Contribution A financial contribution of $0.05 per building square foot will be made to both the Clear Brook Fire and Rescue Department and to Frederick County. C) Land Use Gasoline service stations, including truck stops, will be prohibited on the site, as will a number of other uses including indoor recreation. Floorspace on the site will be limited to 128,000 square feet and only 8,000 square feet of that total can be used for a restaurant. A maximum of 20,000 square feet can be used for motor freight transportation and warehousing and transportation services. A maximum of 20,000 square feet can be used for building materials, hardware, garden supply, mobile home dealers, and retail nurseries. D) Environment Four rows of evergreens will be placed along neighboring parcels Zoned RA with a residential use at the time of site plan approval. 0 Rezoning #01-06 — Clearbrook Business Center March 3, 2006 Page 7 E) Design A split rail fence will be built along the road frontage. Parking lots will not front on Martinsburg Pike. A single monument sign will be allowed along Martinsburg Pike. STAFF CONCLUSIONS FOR 03/01/06 PLANNING COMMISSION MEETING: The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. Staff would recommend that the applicant consider prohibiting by proffer other B3 uses which would have high traffic counts. Staff would also recommend that the applicant include a commitment to inter -parcel connectors, to increased screening along Route 81 and to controlling the size, number and placement of signs as called for in the Comprehensive Policy Plan. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 03/01/06 MEETING: Mr. Jeffery G. Jenkins of R&J Land Development, LLC, the property owner, was present and spoke with the Commission about a number of items he was willing to include within his proffer statement to address the concerns raised by the staff and the Commission. The items Mr. Jenkins offered to add to his proffer statement included his commitment to pave a 12-foot, south -bound lane along the entire length of the front of his property; to exclude Amusement and Recreational Services uses from the property; to limit the allowable square footage for motor freight transportation/warehousing uses and building centers/garden supply center uses, which were considered to be high traffic generators and could cause the ADT to be exceeded; and to allow for inter -parcel connections where appropriate. Two adjoining property owners came forward to speak with the Commission regarding the rezoning. The first had no objections to the rezoning as long as the applicant carried through with his promise to provide a berm with trees along their common property line. The second adjoining property owner was opposed to the rezoning because of dust, fumes, and noise impacts that would come from trucks going in and out of the site; he was upset about how his property and quality of life had already been impacted by activity on this site. The staff reported they had received four letters of support for the proposed rezoning from neighbors. The Commission expressed satisfaction with the applicant's willingness to address the issues raised. In addition to those issues addressed by the applicant, Commission members said they would also like to see enhanced corridor appearance along the front of the property and shielded lighting to protect the surrounding neighborhood. The Planning Commission unanimously recommended approval of the rezoning with the original proffers offered by the applicant plus the additional proffers offered by the applicant at the meeting, to include: the applicant's commitment to pave a 12-foot, south -bound lane along the entire length of the front of the property; to exclude Amusement and Recreational Service uses from the property; to limit the allowable square footage for motor freight transportatiordwarehousing uses and building Rezoning #01-06 — Clearbrook Business Center March 3, 2006 Page 8 centers/garden supply center uses; and to allow for inter -parcel connections where appropriate. (Please Note: Commissioners Unger and Oates abstained from voting; Commissioners Watt, Thomas, Ours, and Mohn were absent from the meeting.) Staff Note: Proffers were revised, as noted above, following the Planning Commission meeting on 03/01/06. The revised proffer statement is dated 03/02/06. STAFF CONCLUSIONS FOR 03/22/06 BOARD OF SUPERVISORS MEETING: This application is generally consistent with the goals of the Frederick County Comprehensive Policy Plan. The Board of Supervisors may want to further consider design aspects of the application such as landscaping and screening. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. / ,112 R CAR ORNDOFF, HLES WIWAM SR vN 33 A 113 BLAIN, BRADLEY K 3 �tl 33 A 124 HO BLAIN, BRADLEY K • SON '0 r r FSM✓R W ¢ jJ ' tic Q i ,u ` • W i 33 A 123 `VAHIDI, MOHEBATULLAH 46 ' MgCFf - • i Ft21,19 4gFF 'k s 33 A 123A OPEN DOOR BAPTIST CHURCH 9j, 33 A 123?B9 v . r R 6 J LAND DEVELOPMENT, LL C qy yF � � 9 7RONK� J 7' �QP/CKgauRH Rd,44 DFq 33 A i14C(OPMF '11q HMC..P ��P R�([[. STF�R'u q 13 A R9P1yy,W •RqR DEVERS.eA tiJR 11 1 33 A 1148 HMC, LP, LLP p - '!�Ap I o� Zoning M1 a' 33 a 11" • MSD INVESTMENTS, LLC WIy� 33 A BQ HMC LP,LLP 11D • . <j ♦ ` c9PF$1 All • • / 33 A 162E FREDERICK, COUNTY OF M.PFaa1., Z°"`"° REZ # 01 - 06 ^� � • B, IBuanw, M.gneaMm aMrcil • MS (M.<AN 9uppprl PMrcil �v 4 ♦ az IBuun.u. Gwv« awnl ♦ Ra 1P..gwwi. PMnmC Cwnm�nnY Pwn) ,,,P«, u«n... • 6IEibM,uiTA�..wn-1 . MSIM.W.p«P.v.Mn�a AA„s --1 Clearbrook Busines am.w RwG G�nMln�a • EM (E. — M.n %..g awn) O Pn tp�r« „w awnl q �.�� H • nE(-q—E.—awn) • Mt O aP IM...I.M•M P.nw —awn) Center QP.A.. •t,.,.s 4 Mx nPawr„ ,.,M awn) o . M«,IMw.a A.maMa, 0 100 200 40Q, ( 33 - A - 122A, 123 ) �'� Feet t 33 A 7t3„' � � •' � 7 ' BWH, BRAD.• t.. . ^_ rc d' v g 'tvr 33 A 124 ')' ^�•.J BLAD1, BRADLEY K IL OS 'i7 r� F ry 4 � i < ve 1 �t ' 33 A 1148 1' HMC, LP, LLP t i a os 7 F�r.r� � 1 •� t I _ io 33 A 161A ♦ i � � '. ; ' + a .1 -� �, •4p33 FREDERICI CWNTY OF y w �I Clearbrook Business Center - - _ + Feet S 13 A 113 BLAIN, BRADLEY K 33 A 124 BLAIN, BRADLEY K 33 A 123A OPEN DOOR BAPTIST CHURCH 33 A 13C HMC ,P —P 33 A 1148 HMC, LP, LLP 33 A 164A HMC. LP. LLP 33 A 112 ORNDOFF, CHARLES WILLIAM SR (t(Y b tiC0 'U t v +yFe Q s 4✓R ,� y h / y A 123 VAHI01, MOHEBATUILAH \ / \`/\ 33 A +C f f� F✓��F aP OCG `J C�y v A A 127 C P�9 R 6 J LAND DEVELOPMENT, LLC Qy �P No JJ \ HKO FR"DeR CkDA B uH OEVERS.BARBARAW 9 Qp� P P`- �� OPQO Q9 V- P yH 33 A 114A ti 0 P MSD INVESTMENTS, LLC �yQ/J\ O`�PpOpOo/ � ir �' 0 .0 FED 6 2006 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.• Fee Amount Paid $ V3 1, a L� ?oning Amendment Number U 9-6(,, Date Received Wk e ?C Hearing Date BOS Hearing Date 34' A�� 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: Naive: GreyWolfe, Inc. Telephone: 540-667-2001 Address: 1073 Redbud Road Winchester, Virginia 22603 2. Property Owner (if different than above) Name: R & J Land Development, LLC Address: 1631 Redbud Road Winchester, Virginia 22603 3. Contact person if other than above Telephone: 540-974-6768 Name: Gary R. Oates, LS-B, PE Telephone: 540-667-2001 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 11 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: Jeffery G. Jenkins & Rosanna M. Jenkins 6. A) Current Use of the Property: Agricultural and Residential B) Proposed Use of the Property: Business -Commercial (B-3 zoning uses) 7. Adjoining Property: PARCEL ID NUMBER 33-(A)-114B 33-(A)-122 33-(A)-123A 33-(A)-124D 33-(A)-121 33-W-125 USE Agriculture Residential Agriculture Residential Residential Residential RA ZONING S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the west side of Route 11 and +/- 2000' north of Rte 672 (Hopewell Road) also known as exit 321 of Interstate 81. 12 4F • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33-(A)-122A & 33-(A)-123 Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.608 RA B-3 14.278 RA B-3 16.886 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: 8,000 Warehouse: Other: 120,000 13 FED 1 4 2006 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): - Date: //-//-C S Date: Owner(s): 14 Date: / / - // - � Date: �J Adjoining Property Owners Rezoning Owners of property adjoining the land wilt be notified ofthe 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. Name and Property Identification Number Address Name MSD Investments, LLC 111 Hickory Hill Stephens City, VA 22655 Property # 33-(A)-114A Name HMC, LP, LLP 920 Hopewell Road Clearbrook, VA 22624 Property # 33-(A)-114B Name Barbara Devers P.O.Box 212 Clearbrook, VA 22624 Property # 33-(A)-121 Name M. Harris Stein, Jr P.O. Box 114 Clearbrook, VA 22624 Property # 33-(A)-122 Name Open Door Baptist Church c/o Pastor Ken Smith 2587 Northwestern Pike Property # 33-(A)-123A Winchester, VA 22603 Name Bradley K. Blaine 35 Flatt Road Rochester, NY 14623 Property # 33-(A)-124 Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property # 33-(A)-124D Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property # 33-(A)-125 Name Property # 15 0 Special Limited Power of Attorney County of Frederick, 'Virginia Planning Office, County of Frederick, Virl*a, 107 North Kent Street, Winchester, Virginia 22601 rboae 540-"5-WI Facsimile 54"5-6395 Know All Men By Thew Prescnts: That i (We) Jeff P ff & Rosanna Jenkins (AKA R&J Land Development) ��974-6768 (Address) 1631 Redbud Road, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") convcycd to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030022368 & 050002818 . and is described as Parcel: 33 Lot: A Block Sectiom: Subdivision_ 122A & 123 do hereby make, constitute and appoint: (Name) GreyWolfe, Inc - Gary R. Oates, LS-B, PE (pie) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603-4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: §? Rezoning (6cluding proffers) ❑ Conditional Use Permits ❑ Master Development Plan (PreEiminary asd Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make anicrAments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or ommodified_ In witness t of, wc) have hcrcto/r .tom )}rand and seal this � day of %K' ,lf 20k(D pp State of Virginia,,ZIty/C�-ty--_-pf f �'E:G1,�_Y 1 C ,[L— , To -wit: 4�a`1rloCtatry Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to mc, personally appeared before me and has acknowl the same ore me in a jurisdiction aforesaid this day of My Commission Expires: No Publ"c SQUARE BOLT AT BASE OF LOCUST TREE z rn 33-(A)-114A MSD INVESTMENTS, LLC #030016289 ZONED; RA USE; AGR. 0 wo 134 ACRES - O- POST I 1 I I I I INTERSTATE 81 VRIABLE WIDTH R.O.W. DB 284, PG 76 N 26007'23" E - 953.31' 33-(A)-123 R & I DEVELOPMENT, LLC #030022368 ZONED; RA USE: AGR. 14.278 ACRES S 28°45'00" W - 547,72' 33-(A)-122 M. HARRIS STEIN, JR DB 574, PG 72 ZONED: RA USE.• RES. N 15 AC. % "IRF 33-(A)-122A R & I DEVELOPMENT, LLC #050002818 v�� @ ZONED. RA 5/s'IRF I ^ 156.24' I POST USE; AGR. z . 2.608 ACRES ti o w e o O—O 75.00' < I N 63053'01W �73.26' \"IRF 26°06'S9" E z 4W%C-1 Z w w 0 ti rn ti U. % IRF C-2 33-(A)-125 MOHEBATULLAH VAHIDI #050012825 ZONED: RA USE: AGR. 114 ACRES r w 41 .p T 0 % IRF AT S 650 E-0.60' FROM R.O. W. ROUTE 11 - MAR77NSBURG PIKE f750' TO RT 671 80' R. 0. W. CEDAR HILL RD, LEGEND AGR = AGRICULTURE 200' O' 200' RES = RESIDENTIAL R.O. W. = RIGHT OF WAY GRAPHIC SCALE O = PROPERTY CORNER FOUND CURVE TABLE # RADIUS LENGTH DELTA TANGENT BEARING CHORD C-1 111,499,16 1 150.042' 1 00044' S1 " 75.02' 1 S 26°48'05" W 150, 04, C-2 11499.16 1 400.513' 1 01 ° 59' 44"1 200.28' 1 S 28°1023" W 400,49' NOTES 1, A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN APRIL OF 2005. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R. M, COMMUNITY PANEL -No. 510063 0075 B -IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING, 5. A PORT IObv' OF PARCEL 33-(A)-123 WAS CONVEYED TO OPEN DOOR BAPTIST CHL!4C'i AT I.NSTRLIME.NT 050010414. FINAL PLAT OF LTH OF A BOUNDARY SURVEY FOR �P VI THE LANDS OF R & J LAND DEVELOPMENT, LLC STONEWALLMAGISTERIAL COUNTY,I VIRGINIA CT GARY R, OATES No. 002331 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 <1qNO Land Surveying and Consulting GreyWoifelncCa@aoi.com SURv i� 540-545-7823 OFC 540-545-4001 FAX ENO: 0119 DATE: OCTOBER 3, 2005 SCALE: 1 " = 200' 1 SHEET 1 OF 1 REZONING APPLICATION 401-06 CLEARBROOK BUSINESS CENTER Staff Report for the Planning Commission Prepared: February 14, 2006 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: March 1, 2006 Pending',�p bw��yl Board of Supervisors: March 22, 2006 Pending PROPOSAL: To rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. LOCATION: The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-122A, 33-A-123 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Agricultural and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) Use: Residential South: RA (Rural Area) Use: Agricultural East: RA (Rural Area) Use: Residential West: RA (Rural Area) Use: Agricultural PROPOSED USES: Business Commercial and Restaurant 0 • Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 2 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Clearbrook Business Center rezoning application signed November 11, 2005, addresses transportation concerns associated with this request. It should be noted the Traffic Impact Analysis (TIA) indicates that additional turn lanes are required at the intersections of Route 11 and Route 672 north and south. Currently there is not sufficient right-of-way for turn lanes to be constructed to avoid the Level of Service falling to an "F". Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to cormnent on all right- of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Staff Note: VDOT comments relate to the original TIA and the proffer statement dated November 11, 2005. VDOT has not yet commented on the amended TIA which shows reduced traffic volumes, and the revised proffer statement dated February 3, 2006. Fire Marshal: Municipal water supply will need to be extended for fire fighting purpose, per Frederick County Code 90-4. Plan approval recommended. Clearbrook Fire & Rescue: Based on proffers to allow, and in the Frederick Co. Fire Marshall's comments. (Staff received verbal confirmation on 2/10/06 that Clearbrook Fire and Rescue has no problem with this application if the Fire Marshall's comments are addressed.) Public Works Department: 1. Refer to Impact Analysis, page 1, Existing Conditions: The discussion of the existing conditions indicates that the two (2) large box culverts under I-81 were installed to access a landlocked parcel on the west side of the interstate. Based on our site visit, we concur that these box culverts are being used to access this property. However, we also suspect that these culverts were primarily designed and constructed to pass the 50-year storm flows under I-81. Consequently, your rezoning should include provisions for sufficient drainage easements to accommodate these storm flows. 2. Refer to Impact Analysis, page 1, Proposed Development: The discussion refers to 100,000 square feet of heavy industrial use. Verify that this use is allowed in B3 or possibly consider an M2 rezoning. 3. Refer to Impact Analysis, page 1, Physical Impacts: The rezoning needs to address wetlands. Based on our site visits, it appears there are some traces of wetlands on this site within the natural drainage way and manmade pond. 4. Refer to Impact Analysis, page 2: The report refers to traffic impact analysis by Patton, Harris, Rust and Associates. A copy of this report was not included for our review package. Frederick -Winchester Service Authority: No comment. Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 3 Sanitation Authority: I concur with the water & sewer comments. Frederick -Winchester Health Department: The Health Department has no objection to the proposal considering the new business part utilizes the available public sewer and water. Department of Parks & Recreation: No comment. Department of GIS: Lauren Drive has been approved and accepted into the Frederick County road naming system as noted on the submitted plan. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated January 27, 2006 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is also noted that the National Parks Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. PlanninLT Department: Please see attached letter dated December 28, 2005 from Susan K. Eddy, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to 0 Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA). The site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan further states that "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. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor". The proposed B3 Zoning is a business use and is generally consistent with the Northeast Land Use Plan as it relates to this site on Martinsburg Pike. The B3 District, while a business district, is more specifically an industrial transition district. Therefore, many of the comments in the Northeast Land Use Plan concerning industrial uses are relevant. In particular the Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is likely that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed and future inter -parcel connectors considered. Consideration should also be given to screening along Interstate 81. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be incorporated into this application. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The applicant had a wetlands delineation report prepared for this site. The report concluded that • 0 Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 5 "there are no jurisdictional waters of the United States, including wetlands, within the confines of the subject site. However, the Soils Survey of Frederick County, Virginia identifies Thomas Run within the confines of the subject site. Therefore, it is Triad's recommendation that a Jurisdictional Determination (JD) be obtained from the COE (Army Corps of Engineers)." The Army Corps of Engineers has visited the site and confirmed verbally that there is no stream on the site. Written confirmation will be provided at the Master Development Plan stage. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet soil association. The only soil type on the sites is Oaklet silt loam, 2 to 7 percent slopes (map symbol 32B), as shown on map sheet number 19 of the survey. This soil type is considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation Traffic Impact Anal The traffic impact analysis (TIA) prepared for this application (see TIA Addendum dated February 13, 2006) assumed 120,000 square feet of heavy industrial floorspace and an 8,000 square foot restaurant. Using trip generation figures from the I.T.E. Trip Generation Manual, 7fl' Edition, the proposed rezoning is projected to generate 1,197 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization at Hopewell Road, for which the applicant has proffered a monetary contribution. (The applicant has also proffered a monetary contribution towards future turn lanes at this intersection.) The applicant has proffered a maximum floorspace of 128,000 square feet, of which a maximum of 8,000 square feet could be a restaurant use. The applicant has also proffered to prohibit gas stations and truck stops. Restaurants and gas stations are large trip generators among the B3 allowed uses. Other high traffic generators allowed in the B3 District include motor freight transportation and warehousing; building materials, hardware, garden supply, mobile home dealers and retail nurseries; and amusement and recreational services operated indoors. There are no precise traffic generation figures for the range of uses allowed in the B3 District. The applicant therefore modeled heavy industrial floorspace. The applicant could build 128,000 square feet of development on this B3 site that might generate more traffic than that which was modeled. While the applicant intends the occupants to be uses such as plumbing contractors, electrical contractors and heavy equipment operators, this is not guaranteed. The applicant should consider prohibiting by proffer other B3 uses which would have high traffic counts, particularly the three listed above (distribution/warehousing, building centers and indoor recreation). This would give the County greater assurance that the development would generate traffic similar to that which was modeled in the TIA. Rezoning #01-06 — Clearbrook Business Center February 14, 2006 Page 6 B. Sewer and Water The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8, 489 gpd. The applicant will build a sewer pump station to be dedicated to FCSA. The pump station's holding capacity will be designed to hold 50,000 gpd so that additional pumps can be installed in the future to accommodate neighboring parcels. The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. C. Community Facilities In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $0.05 per building square foot to Clear Brook Fire and Rescue Department and of $0.05 per building square foot to Frederick County for Fire and Rescue purposes. The timing of this contribution is dependant upon future building permits. 5) Proffer Statement — Dated January 25, 2006 (Revised February 3, 2006) A) Transportation Access from Martinsburg Pike will be restricted to one commercial entrance. A left turn lane will be installed at the entrance. A pro-rata monetary contribution will be made toward the signalization of the intersection of Route 11 with Hopewell Road and Brucetown Road. A monetary contribution of $2,500.00 will be made towards the acquisition of future right-of-way for turn lanes at the intersection of Route 11 with Hopewell Road and Brucetown Road. An additional ten feet of right-of-way along the entire frontage of the property will be provided. B) Monetary Contribution A financial contribution of $0.05 per building square foot will be made to both the Clear Brook Fire and Rescue Department and to Frederick County. C) Land Use Gasoline service stations, including truck stops, will be prohibited on the site. Floorspace on the site will be limited to 128,000 square feet and only 8,000 square feet of that total can be used for a restaurant. D) Environment A full screen buffer, plus an additional row of evergreens will be placed along neighboring parcels Zoned RA with a residential use at the time of site plan approval. 0 Rezoning 401-06 — Clearbrook Business Center February 14, 2006 Page 7 STAFF CONCLUSIONS FOR 03/01/06 PLANNING COMMISSION MELTING: The land use proposed in this rezoning is consistent with the Northeast Land Use Plan. The TIA as modeled does not represent the full impact of what could happen on the site. Staff would recommend that the applicant consider prohibiting by proffer other B3 uses which would have high traffic counts. Staff would also recommend that the applicant include a commitment to inter -parcel connectors, to increased screening along Route 81 and to controlling the size, number and placement of signs as called for in the Comprehensive Policy Plan. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 33-(A)-122A & 33-(A)-123 Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook Districts High School: James Wood Middle School: James Wood Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.608 RA B-3 14.278 RA B-3 16.886 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: Service Station:3,000 Retail: Manufacturing: Restaurant: 8,000 Warehouse: Other: 100,000 13 r„ r�-• r'y �-ate.-� r„2 4�G1 COti� �Q oS �� n n i ! /l AMENDMENT r ' 171R �� asif Actinn! , L-� PLANNING COMMISSION: March 1, 2006 - Recommended Approval BOARD OF SUPERVISORS: March 22, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-06 OF CLEARBROOK BUSINESS CENTER maxi e WHEREAS, Rezoning 901-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was considered. The property is located on the west side of Route 11, approximately 2,0005 north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 33-A-122A and 33-A-123. WHEREAS, the Planning Conunission held a public hearing on this rezoning on March 1, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 22, 2006; 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 408-06 • NOTES RECEIPT DATE +� NO. 983256 RECEIVED FROM 6 oe I<m I �'o�i rcr�.l on on _ znc,_ ADDRESS-A16 Fber+ tlil(� S CYO LJ -FL, sC 4- %f 1f�11S(tJ ►��'c�r r hw fir I YC c FOR �. a f I o lK- 0 I ear yryi k- Busiry_sS ACCOUNT HOW PAID AMT. Of ACCOUNT CASH AMT. ,'KK CH (� PAID qq5 Q BALANCE MONEY DUE ORDER �f'•�f`el �Ctir Y.� f•. I I ^ (�3- -IgQ Scan 1I zcd,) 3,3 A I--Q3 (02001 REWO- M.,R) $1_818 PINE KNOLL CONSTRUCTION CO INC. 05-99 BANK 540-667-3092 OF CLARKE COUNTY 210 EBERT ROAD WINCHESTER, VIRGINIA 22602 WINCHESTER, VA 22603 68-251-514 10/30/2015 PAY TO THE Treasurer of Frederick Co. $-26,445.00 ORDER OF Twenty -Six Thousand Four Hundred Forty -Five and 00/100 Treasurer of Frederick Co. MEMO Proffer Payment Pine Knoll Construction 115 Jeff's 1160006 1,89011' 1:05 1,40 25 L81: 11'4 L 5 0 570[in M. Is • • TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 �r\ (540) 667-2001 • (540) 545-4001 FAX I, GREYWOLFEINC@AOL.COM I; Frederick County Planning & Development November 3, 2015 107 North Kent Street Winchester, VA 22603 Attn: Mark Cheran Subject: Clearbrook Business Center Proffer Payment Mr. Cheran: Attached is a check for $26,445.00. This payment satisfies the proffer for monetary contribution of signalization on Route 11 per your letter dated July 31, 2015. With this payment, all proffers necessary for the final approval and occupancy permit of the Pine Knoll Construction facility has been satisfied. Thank you, Gary . Oates, LS-B, PE GreyWolfe, Inc 1�1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 July 31, 2015 Gary R.Oates, LS-B, P1 Grey Wolfe, Inc. 1073 Rcdbud Road Winchester, VA 22603 RE: Proffers for Rezoning #01-06 Clearbrook Business Center Dear Mr. Oates: This letter is to inform you that your client has paid a monetary contribution of $3,900.00 as required by the proffers of Rezoning #01-06. The breakdown of the paid proffer is as follows: $2,500 for transportation improvements. (Proffer A. l .d.i.) $0.05 per building square foot to the Clear Brook Fire & Rescue Department. (Proffer 2 a.i.) S0.05 per building square foot to the Treasurer of Frederick County. (Proffer 2.a.ii.) The site plan for this property has a 14,000 square foot building foot print per proffer 14,000 x .1=$1400.00 + $2,500 for transportation improvements=$3,900.00 A monetary contribution of $26,445 for a proffer amount for signlalization at Rt.l 1 is needed in order for Frederick County to issue a Certificate of Occupancy (CO) for this project. (Proffer A. l .d.i) I have included a copy of the proffers for your review. If you have any questions, please call me at (540) 665-5651. Sincerely, s &,,-r-- `R. Cheran Zoning Administrator MRC/pd 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 Gary R.Oates, LS-B, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: Proffers for Rezoning #01-06 Clearbrook Business Center This letter is to inform you that your client has paid a monetary contribution of $3,900.00 as required by the proffers of Rezoning #01-06. The breakdown of the paid proffer is as follows: $2,500 for transportation improvements. (Proffer A.l .d.i.) $0.05 per building square foot to the Clear Brook Fire & Rescue Department. (Proffer 2 a.i.) $0.05 per building square foot to the Treasurer of Frederick County. (Proffer 2.a.ii.) The site plan for this property has a 14,000 square foot building foot print per proffer 14,000 x .1=$1400.00 + $2,500 for transportation improvements=$3,900.00 A monetary contribution of $26,445 for a proffer amount for signalization at Rt.l I is needed in order for Frederick County to issue a Certificate of Occupancy (CO) for this project. (Proffer- A. l .d.i) I have included a copy of the proffers for your review. If you have any questions, please call me at (540) 665-5651. Sincerely, al\��R. Cheran Zoning Administrator 107 North Kent Street, Suite 202 * Winchester, Virginia 22601-5000 MAR Rezoning: RZ # 01-06 Property: Area: 16.886 acres Tax Parcels 33-(A)-122A & 33-(A)-123 Record Owner: R & J Land Development, L.L.C. Applicant: Jeffery G. Jenkins & Rosanna M. Jenkins Project Name: Clearbrook Business Center Original Date of Proffers: Revised Date Proffers: Magisterial District: January 25, 2006 March 2, 2006 Stonewall 3 2006 AMENDMENT Action: PLANNING COMA1ISSION: March 1, 2006 - Reconunended Approval BOARD OF SUPERVISORS: March 22, 2006 XJ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 401-06 OF CLEARBROOK BUSINESS CENTER WHEREAS, Rezoning #01-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was considered. The property is located on the w-est side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PLNs) 33-A-122A and 33-A-123. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 1, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 22, 2006; 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 16.886 acres from RA (Rural ,Areas) District to B3 (Industrial Transition) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in -writing by the applicant and the property owner. t'DRcs ef(18-06 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-06 for rezoning of 16.886-acres froin the RA District to Industrial Transition (B-3) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Jw-vor L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. Proffers: A. On -Site and Off -site Improvements 1. Transportation a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane i. The applicant hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. c. Interparcel connections i. The applicant hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. ►�J d. Signalization i. The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route I 1 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also detemune when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The applicant also proffers an additional $2,500 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted e. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia a strip of land ten feet (l 0') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions -- Fire & Rescue a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be. the combined floor area for each story. J. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot 0 • 3. The applicant hereby voluntarily prohibits the following uses a. SIC 5541 —"Gasoline Service Stations" i. Automobile service stations -retail ii. Filling Stations, gasoline -retail Ili. Gasoline and Oil -Retail iv. Marine service stations -retail v. Service Station, gasoline -retail vi. Truck stops -retail b. SIC 423I — "Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5231 — "Paint, Glass, and Wallpaper Stores" e. SIC 5271 — "Mobile Horne Dealers" f. SIC 79 — "Amusement and recreational services operated indoors" 4. The applicant hereby proffers to limit the total building square footage for SIC 42 — "Motor Freight Transportation and Warehousing" and SIC 47 — "Transportation Services" to a combined total of 20,000 square feet or less. 5. The applicant hereby proffers to limit the total building square footage for SIC 52 — "Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total 20,000 square feet or less. 6. The applicant hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The applicant further prohibits that a "restaurant use" as defined by SIC 581 shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The applicant hereby proffers the following corridor enhancements along the road frontage of Route 11, Martinsburg Pike: a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The applicant will erect a single monument style sign with the park's name and list of tenants. The applicant will not install any signs between the buildings and Route 1 I other than this one monument sign. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC By: J-3 a( ieff-r @ , e 'ns Iyate o nra M. Je s Date Commonwealth of Virginia, Eitp/County of 6zte-_f-; a,-- 'ro Wit: The foregoing instrument was acknowledged before me this 3'; d of c; , 2006 By r ✓ c� : ..L�;� c�v7 Notary Public My Commission Expires ��G-n ti' 31 2� o j This ordinance shall be in effect on the date of adoption. Passed this 22nd day of March, 2006 by the following recorded vote; Richard C. Shickle_ Chainnan Gary Dove Gene E. Fisher Philip A. Lemieux I'DRes -08-06 Aye Barbara E. Van Osten Aye Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST X'4z� Jo i ey, Jr. Frederick County Administrator AMENDMENT C1,poS.4 w0 S i0q w on I J l l I S- 00 �G d Action: PLANNING COMMISSION: March 1, 2006 - Recorn vended Approval BOARD OF SUPERVISORS: March 22, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 901-06 OF CLEARBROOK BUSINESS CENTER WHEREAS, Rezoning 901-06 of Clearbrook Business Center, submitted by GreyWolfe, hie., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was considered. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 33-A-122A and 33-A-123. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 1, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning.on Match 22, 2006; 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 408-06 0 0 $,a500 0 0 d. Signalization i. The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route i 1 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The applicant also proffers an additional $2,500 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted e. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. Q0 , 00 i. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot 72766 PINE KNOLL CONSTRUCTION CO INC. 09-12 BB&T EXCAVATING ACCOUNT BRANCH BANKING AND TRUST COMPANY 540-667-3092 VI RG I N IA 210 EBERT ROAD 68-426-514 7/31 /2015 e WINCHESTER, VA 22603 = 0 TO THE Treasurer, Frederick County, VA $-3,900.00 m m m ORDER OPAY F Three Thousand Nine Hundred and 00/100 m DOLLARS z N C. William Orndoff, Treasurer 8 Frederick County P.O. Box 220 • Winchester, VA 22604 MEMO ORIZED SIGNATURE 1120007 2766113 1:0511,01, 2601:0000154393447", NOTES RECEIPT RECEIVED FROMP'o K )c3 ij e99RESS"OET.il.✓[ d �► III 12 r VA NO. 583327 FOR /1�t3 , 1Il of- 0 (9 oQ. rl)oj Z OUNT HOW PAID) �5 S 4 f CASH Z00• C1.Qw(2 pica Q � � f' CHECK ,� W .jfrOQ�OCi %MONEY W ORDER BY 1 �2001 REgFgT4 R, 8LB18 Document Approval Form 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 IJ,HAT YOU YVOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice ark Dave Eric Mike John COMMENTS: F0QGh P ('� C ��� , �j ►'7)CJ� ��S (nt Received by Clerical Staff (Date & Time): : (7 -7 I �,,TI (S:Office on Blackbox\Fornis\Document Approval Form—12/27/13) AMENDMENT Action: PLANNING COMMISSION: March 1, 2006 - Recommended Approval BOARD OF SUPERVISORS: March 22, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 401-06 OF CLEARBROOK BUSINESS CENTER WHEREAS, Rezoning 901-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers was considered. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers (PINs) 33-A-122A and 33-A-123. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 1, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 22, 2006; 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #08-06 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of March, 2006 by the following recorded vote: Richard C. Shickle, Chairman Ave Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John i ey, Jr. Frederick County Administrator PDRes #08-06 0 MAR 3 2006 Rezoning: RZ # 01-06 Property: Area: 16.886 acres Tax Parcels 33-(A)-122A & 33-(A)-123 Record Owner: R & J Land Development, L.L.C. Applicant: Jeffery G. Jenkins & Rosanna M. Jenkins Project Name: Clearbrook Business Center Original Date of Proffers: Revised Date Proffers: Magisterial District: January 25, 2006 March 2, 2006 Stonewall 0 • Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-06 for rezoning of 16.886-acres from the RA District to Industrial Transition (B-3) District, development of the subject property shall be done in confonnity with the terns and conditions set forth herein, except to the extent that such terns and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. Proffers: A. On -Site and Off -site Improvements 1. Transportation a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane i. The applicant hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. c. Interparcel comlections i. The applicant hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalization i. The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The applicant also proffers an additional $2,500 with the prorated arnount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted e. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. i. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot E 0 The applicant hereby voluntarily prohibits the following uses a. SIC 5541 —"Gasoline Service Stations" i. Automobile service stations -retail ii. Filling Stations, gasoline -retail iii. Gasoline and Oil -Retail iv. Marine service stations -retail v. Service Station, gasoline -retail vi. Truck stops -retail b. SIC 4231 — "Tenninal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741 — "Rental of Railroad Cars" d. SIC 5231 — "Paint, Glass, and Wallpaper Stores" e. SIC 5271 — "Mobile Home Dealers" f. SIC 79 — "Amusement and recreational services operated indoors" 4. The applicant hereby proffers to limit the total building square footage for SIC 42 — "Motor Freight Transportation and Warehousing" and SIC 47 — "Transportation Services" to a combined total of 20,000 square feet or less. 5. The applicant hereby proffers to limit the total building square footage for SIC 52 — "Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total 20,000 square feet or less. 6. The applicant hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The applicant further prohibits that a "restaurant use" as defined by SIC 581 shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The applicant hereby proffers the following corridor enhancements along the road frontage of Route 11, Martinsburg Pike: a. The applicant will construct a split rail fence along the road frontage. b. The applicant will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The applicant will erect a single monument style sign with the park's name and list of tenants. The applicant will not install any signs between the buildings and Route 11 other than this one monument sign. 0 0 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC By: 31,3 U� Jef@,ns ate o MJe s Date Con-unonwealth of Virginia, City/County of � �c�I Cil- To Wit: The foregoing instrument was acknowledged before me this 3ry� day of �-sCi� , 2006 By Notary Public My Commission Expires 0 0 Rezoning: RZ # 01-06 Property: Area: 16.886 acres Tax Parcels 33-(A)-122A & 33-(A)-123 Record Owner: R & J Land Development, L.L.C. Applicant: Jeffery G. Jenkins & Rosanna M. Jenkins Project Name: Clearbrook Business Center Original Date of Proffers: Revised Date Proffers: Magisterial District: January 25, 2006 February 3, 2006 Stonewall E E D 'I 4 "1006 0 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-06 for rezoning of 16.886-acres from the RA District to Industrial Transition (B-3) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. Proffers: A. On -Site and Off -site Improvements 1. Transportation a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. The will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Turn lane i. The applicant hereby proffers to install a left -turn lane for the entrance per VDOT Road Design Manual. This will be built prior to applying for and obtaining any building permits. - F F g 1 4 %006) c. Signalization The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The applicant also proffers an additional $2,500 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also detennine when this improvement will be warranted d. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building permits. The tern "building square foot" shall be the combined floor area for each story. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer- of Frederick County, Virginia, the following amount: $0.05 per building square foot FED i '?;- The applicant hereby voluntarily prohibits all uses as defined by SIC 5541 — "Gasoline Service Stations" due their associated high traffic. These are: a. Automobile service stations -retail b. Filling Stations, gasoline -retail c. Gasoline and Oil -Retail d. Marine service stations -retail e. Service Station, gasoline -retail f. Truck stops -retail 4. The applicant hereby voluntarily prohibits the combined building floor area to not exceed 128,000 square feet on this site. The applicant further prohibits that a "restaurant use" as defined by SIC 581 shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 5. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC By: -Jed' ;y) .-. Jellk* is Dote �- Rosp-na M. Jaf lens Date Commonwealth of Virginia, G-i�y/County of F (eC� i c k- To Wit: The foregoing instrument was acknowledged before me this iejay of , 2006 By Notary PuUhc My Commission Expires' ^ "'� j 2��`� CLEABROOK BUSINESS CENTER REZONING REQUEST PROFFER TAX PARCELS 33-(A)-122A & 33-(A)-123 R & J LAND DEVELOPMENT, L.L.C. Stonewall Magisterial District Frederick County, Virginia 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 zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-— for rezoning of 16.886-acres from the RA District to Industrial Transition (B-3) District. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. A. On -Site and Off -site Improvements 1. Transportation a. Access i. Direct Access to Martinsburg Pike (US Route 11) will be provided by one commercial entrance to provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Turn lane i. The applicant hereby proffers to install a left -turn lane for the entrance per VDOT Road Design Manual. This will be built prior to applying for and obtaining any occupancy permits. c. Signalization The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT based upon the projected traffic volume generated by the subject site at the time of site plan submission for development. The applicant also proffers an additional $2,500 with the prorated amount to be applied towards right of way acquisition for fixture turn lanes at the intersection. d. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia and additional ten feet (10') of land to the Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions — Fire & Rescue a. hi recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building occupancy permits. i. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot E POT 3. The applicant hereby voluntarily prohibits the following uses from existing on the subject properties: a. "Truck Stops -Retail" as noted in SIC 5541. The applicant further stipulates that not more twelve (12) fuel pumps per business will be located on the subject property. 4. The applicant hereby proffers a "Full Screen" buffer, as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreens trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of development. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC By: Q A or'y . Jenkins D to Rosanna M. Jenki DO Commonwealth of Virginia, Cit ounty f SIC To Wit: The foregoing instrument was acknowledged before me this (9 day of ja UCJf., 2006 By f U Notary Public My Commission Expires I _ � I ��p OUTPUT MODULE APPLICANT: Clearbrook Business Center Net Fiscal Impact LAND USE TYPE Com/Ind Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $5,155,406 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 $40,069 $0 $0 $40,069 #DIV/0! Elementary Schools $0 ---- ---- Middle Schools $0 $0 $0 $0 $0 $0 #DIV/0! High Schools $0 Parks and Recreation $0 $0 $0 $0 $0 #DIV/0.i Public Library $0 $0 $0 $0 $0 #DIV/0! Sheriffs Offices $0 $3,376 $0 $0 $3,376 $3,376 $0 #DIV/01 Administration Building $0 $0 $0 $0 $0 #DIV/0! Other Miscellaneous Facilities $0 $8,094 $8.936 $17,030 $17,030 $0 #DIV/01 SUBTOTAL $40,069 $11,469 $8,936 $0 $20,406 $20,406 $19,663 #DIV/01 LESS: NET FISCAL IMPACT $1,762,484 $1,762,484 $1,762,484 51.762 484 #0IV/01. NET CAP. FACILITIES IMPACT $0 #DIV/01 INDEX: "1.0" If Cap, Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 1.342 ----------------------- .................... ---------------------------- ------------- -- METHODOLOGY: 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. NOTES: Model Run Date 11/02/05 CMM Project Description: Assumes 100,000 square feet of industrial floorspace, 8,000 square feet of restaurant space, and 3,000 square feet of gas station on 16.978 acres. Due to changing conditions associated with development in the County, the results of this Output Module will not be valid beyond November 30, 2005. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 6 4, HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROB-IERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. ATTORNEYS AT LAW & MITCHELL I s 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonahan.Com January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Sheet Winchester, VA 22601 JAN 3 0 2006 PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604-0848 Re: Clearbrook Business Center (R & J Land Development, L.L.C.) Proposed Proffer Statement Dear Susan: I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be sununarized at the beginning as set forth on the attached format. This format has been used on all recent proffer statements. 2. I would reconunend that the heading "Preliminary Matters" be deleted as a heading for the first paragraph, as the first paragraph is not merely preliminary material, but is the substantive statement that development of the property shall be done in conformity with the proffers thereafter set forth. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 2 3. The first sentence of the first paragraph is not a complete sentence. The period should be deleted after the word "District". 4. The heading "Proffers" should be inserted prior to paragraph A. 5. With respect to Proffer A(1)(a)(1), if the intent of this proffer is to limit the access to the property from Martinsburg Pike to one entrance, that should be more clearly stated. For exainple, "Access to this property from Martinsburg Pike (U.S. Rt. 11) shall be limited to one commercial entrance." 6. With respect to Proffer A.(1)(c)-Signalization, I would recommend that the words "based upon the projected traffic volume generated by the subject site at the time of site plan submission for development" be deleted at the end of this proffer. The quoted language may characterize VDOT's method of determining prorated costs, but the prorated amount to be paid must be the amount determined by VDOT, whatever VDOT's method of calculation may be. 7. With respect to Proffer A.(1)(d)-Right of Way Dedication, I believe the description of the land to be dedicated is insufficient. I assume that what is meant to be dedicated is a 10-foot strip along the entire frontage of the property along Martinsburg Pike. That should be made clear, perhaps with language along the line of "The applicant hereby proffers to dedicate to the Conunonwealth of Virginia a strip of land 10 feet in width along the entire frontage of the property on Martinsburg Pike." The second sentence would remain unchanged. 8. With respect to Proffer A.(2)-Monetary Contributions, the term "building square foot" contained in the monetary contribution proffers should be better defined, perhaps by adding the language "as determined by the building footprint times the number of floors." 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 3 9. With respect to Proffer A.(3), I would have the following conunents: A. This proffer appears to actually be two separate proffers, and should be set forth as two separate items. B. The proffer regarding "Truck Stops -Retail" should be stated as follows: "The property shall not be used for `Truck Stops -Retail', as referenced in SIC 5541." C. The proffer regarding fuel pumps should be stated something along the following: "No individual business located on the property shall have more than 12 fuel pumps." (If thick stops are being proffered out as a use of the property, a question seems to be presented as to what type of businesses and how many businesses should be permitted on the property which would have up to 12 fuel pumps. However, this is a planning issue to be addressed by the staff and Planning Commission with the applicant.) 10. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 4 If there are any questions concerning the foregoing connnnents, please contact ire. Very truly yours, Robert T. Mitchell, Jr. RTM/ks Enclosure COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 28, 2005 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 RE: Proposed Rezoning of Clearbrook Business Center Dear Gary: I have had the opportunity to review the draft rezoning application for the Clearbrook Business Center. This application seeks to rezone 16.886 acres from RA (Rural Areas) District to the B3 (Industrial Transition) District. Staff s review comments are listed below for your consideration. 1. Northeast Land Use Plan. The site is within the limits of the Northeast Land Use Plan. The plan designates the site for business use. The plan farther states that "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. It is envisioned that commercial uses which cater to the interstate traveler will be developed along the three Interstate 81 interchanges, while retail, service and office land uses will occur along the Martinsburg Pike corridor. The development of business and commercial land uses are encouraged at designated signalized road intersections". The proposed B3 Zoning is a business use and is generally consistent with the Northeast Land Use Plan as it relates to this site on Martinsburg Pike. 2. Northeast Land Use Plan. The B3 District, while a business district, is more specifically an industrial transition district. Therefore, many of the comments in the Northeast Land Use Plan -concerning industrial uses are relevant. In particular the Northeast Land Use Plan discourages individual lot access on the Martinsburg Pike corridor, encourages inter -parcel connections, and recommends adequate screening from adjoining land uses and recommends greater setbacks and buffers and screening along Martinsburg Pike. The site is surrounded on all sides by RA (Rural Areas) zoned property, which is either in agricultural or residential use. While it is likely that these uses may change in the future, in line with the Northeast Land Use Plan, for the moment, screening should be addressed and future inter -parcel connectors considered. Consideration should also be given to screening along Interstate 81. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 4 Page 2 Mr. Gary Oates RE: Proposed Rezoning of Clearbrook Business Center December 28, 2005 3. Northeast Land Use Plan. The plan calls for Level of Service Category C or better for proposed industrial and commercial development. This application does not provide that Level of Service. See TIA comments below. 4. Northeast Land Use Plan. The plan calls for improving Martinsburg Pike (Route 11 North) to a four -lane facility. The applicant has proffered a left turn lane into the site and additional right-of-way along Route 11. The applicant will need to work with VDOT to insure this meets the ultimate requirements for Route 11 North. 5. Comprehensive Policy Plan. The Comprehensive Policy Plan recommends a number of design features for properties along business corridors. These include landscaping, screening and controlling the size and number of signs. These design elements should all be incorporated into this application. 6. Impact Assessment Statement — Proposed Uses. The application states the rezoning is for 8,000 square feet of restaurant space, a 3,000 square foot gas station, and 100,000 square feet of other space. The TIA further includes 12 gas pumps and identifies the 100,000 square feet of other as heavy industry. Heavy Industry is not allowed in the B3 District. It is only allowed in the M2 (Industrial General) District. Furthermore, unless a specific use and/or floorspace is proffered, the County will assume the maximum possible development as per the County's rezoning application (18,848 square feet of retail per acre in the B3 District). The applicant will need to base the TIA and all analysis on 318,267 square feet of retail development (18,848 x 16.886 acres) unless the proffers insure a lesser scale of development. 7. Impact Assessment Statement — Existing Conditions. The application mentions access to a land locked parcel west of Interstate 81. Greater detail of this situation and future access would be helpful. 8. Traffic Impact Analysis. As stated previously, the Northeast Land Use Plan Palls for Level of Service C or better. Even with the suggested improvements in the TIA, Level of Service C is not provided. Furthermore, the TIA suggested improvements include signalization and an eastbound left turn lane and a northbound left turn lane at the intersection of Route ll/Hopewell Road/Brucetown Road. Only a pro-rata share of the signalization is proffered. The turn lanes are not proffered. Page 3 Mr. Gary Oates RE: Proposed Rezoning of Clearbrook Business Center December 28, 2005 9. Proffer Statement. The applicant has proffered to prohibit truck stops and proffered to limit to 12 the number of fuel pumps for any one business. However, the TIA only modeled 12 fuel pumps and the gas station with mart is clearly the largest traffic generator on site. Therefore, the proffer should be changed to limit the number of fuel pumps on the entire site to 12. Also, see earlier comments on proffering maximum floorspace and uses. 10. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Clearbrook Fire and Rescue Company and the Frederick -Winchester. Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 11. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $4,739.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/dlw cc: R and J Land Development, LLC, 1631 Redbud Road, Winchester, VA 22603 RE: Clearbrook Business Center Subject: RE: Clearbrook Business Center Date: Tue, 28 Feb 2006 14:56:04 -0500 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: 'Susan Eddy' <Seddy@co.frederick.va.us> CC: "Copp, Jerry" <Jeriy.Copp@VDOT.Virginia.gov> Susan I am supportive of the staff recommendations and I will plan on attending. Thanks, -Lloyd From: Susan Eddy [mailto:Seddy@co.frederick.va.us] Sent: Tuesday, February 28, 2006 2:36 PM To: Ingram, Lloyd Subject: Re: Clearbrook Business Center Lloyd, The applicant has proffered out gas stations and truck stops and limited restaurants to 8,000 sq. ft. I am asking them to proffer out three more use otherwise allowed in the 133 District (motor feight transportation and warehousing, building marerials & garden supplies, and indoor recreation). Are you supportive of this staff recommendation? Also, are you planning to attend the PC meeting or not? Thanks for your help, Susan "Ingram, Lloyd" wrote: Susan, VDOT can support the proposed rezoning of the Clearbrook Business Center with the additional proffers submitted by the developer that reduce the potential number of trips generated by this site, i.e. gas stations and high volume generators removed. If you have any questions, please let me know. N Lloyd Lloyd A. Ingram << ... OLE_Obj... >> Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 1 of 2 2/28/2006 3:06 PM Th Thi VD No An Cu Virginia Department of Transportation )X(Y Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg, Virginia 22824 Winchester, Virginia 22603 (540) 984-5600 Applicant: Please fill out the, information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Mailing Address: 1073 Redbud Road Winchester, VA 22603-4757 Telephone: 540-667-2001 Location of property: West of Route 11 and north 2000' from exit 321 of Interstate 81. (Also known as Route 672) Current zoning: RA Zoning requested: BB=3 Acreage: 16.886 Virginia Department of Transportation Comments: tBCumentgrn wttttt-he-apphGation to rezone—tfrope"pears to have sign1ftcant meas, irable impact on Rol ite 11. route is the VDOT roadway which has been considered as the access to the property referenced. T is satisfied that the transportation proffers offered in the Clearbrook Business Center Rezoning Application signed eym� ber11, /2005 addresses transportation concerns associated with this request. It should be noted the Traffic Impact l i ndleates -tlrst sddttuth.; rently there is not sufficientt right-of-way for turn lanes to be constructed to avoid the Level of Service falling to an "F: VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. 20 ,f 0 • Rezoning Comments Frederick County Fire Marshal ENTERED NOV 2 2 ZZ Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. Attn: Fire Marshal Attn: Fire Marshal 107 North Kent Street County Administration Bldg., 1st Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-6350 Winchester, Virginia Applicant: Please fill out the information.as accurately as possible in order to assist the Frederick County Fire Marshat with his review. Attach a copy of your application form, location map, proffer statement,, impact analysis, and any otheIr pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road Winchester, VA 22603-4757 Location of property: West of Rt 11 and 2000' north of exwt 321 (1-81) Current zoning: RA Zoning requested: B-3 Acreage: 16.886 Fire MarshaI'.s Signature & Date. Notice to Fire Marshal - Please Return This Form to the Applicant 22 tj• Control number RZ05-0013 Project Name Clearbrook Business Center Address 1073 Redbud Road Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Dian Review and Comments Date received 11/22/2005 City Winchester Tax ID Number 33 A 33-A-122A Date reviewed 12/12/2005 Applicant Grey Wolfe, Inc State Zip VA 22603 Fire District 13 Recommendations Automatic Fire Alarm System Yes req ,�,�� � ��_ Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-667-2001 Rescue District 13 Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments MIL1!: Ic. aili-l?��/ \tli� ilt?@LI iC� IX-' t.Xi2purpOS:' .i-rii9Ccf�• Access Comments Additional Comments Plan Approval Recommended Reviewed By Signature Yes J_ Bauserman f Title Rezoning Comments Fire and Rescue Company Comments on rezonings will be needed from the fire and rescue company serving the location in question. Please fill in the attached comment sheet with the name of the fire and rescue squad serving the location and obtain the comment from that squad. A list of the County Fire and Rescue Company follows the comment sheet. Fire and Rescue Company Name of Fire & Rescue Company: CI .arbrook Fire & Re -me Address & Phone 1256 Brucetown Road Clearbrook, VA 22624 540-722-2073 Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with then review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Mailing Address: 1073 Redbud Road Winchester, VA 22603-4757 Telephone: 540-667-2001 Location of property: West of Route 11 and 2000' north of exit 321 (1-81) Current zoning: RA Zoning requested: B-3 Acreage: 16.886 Fire and Rescue Company's Comments: Fire & Rescue Company's Signature & Date: r /�Z�I','� Notice to Fire & Rescue Company - Please Return This F rm to f ie Applicant 31 11 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 December 7, 2005 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603 RE: Clearbrook Business Center, Rezoning Request Frederick County, Virginia Dear Mr. Oates: We have completed our review of your application to rezone approximately 17 acres from RA to B-3 and offer- the following comments: Refer to Impact Analysis, page 1, Existing Conditions: The discussion of the existing conditions indicates that the two (2) large box culverts under I-81 were installed to access a landlocked parcel on the west side of the interstate. Based on our site visit, we concur that these box culverts are being used to access this property. However, we also suspect that these culverts were primarily designed and constructed to pass the 50-year storm flows under 1-8 1. Consequently, your rezoning should include provisions for sufficient drainage easements to accommodate these storm flows. 2. Refer to Impact Analysis, page 1, Proposed Development: The discussion refers to 100,000 square feet of heavy industrial use. Verify that this use is allowed in B-3 or possibly consider an M-2 rezoning. 3. Refer to Impact Analysis, page 1, Physical Impacts: The rezoning needs to address wetlands. Based on our site visit, it appears there are some traces of wetlands on this site within the natural drainage way and manmade pond. A 0 Clearbrook Business Center Rezoning Comments Page 2 December 7, 2005 4. Refer to Impact Analysis, page 2: The report refers to a traffic impact analysis by Patton, Harris, Rust and Associates. A copy of this report was not included in our review package. I can be contacted at 722-8214 if you should have any questions regarding the above comments. Sincerely, l , Harvey E. t wsnyder, Jr., P.E. Director of ublic Works HES/rls cc: Planning and Development file CAProgram FilesMordPerfect Office Ii\Rhonda\TFMPCONINIEN'rS\CLGAR33RK13USC'rllREZCOM.wpd Rezoning Comments Frederick -Winchester Service Authority`, 2 Mail to: Hand deliver to: Fred -Wine Service Authority Fred-Winc Service Authority- Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Appucant: Ficase nil out the intormation as accurately as possible in oraer to assist the Fred-Winc Service'Authority with'their review. Attach a copy of your application form, location map, nrnffd-.r etntomnnt. imnnef nvi-Avcic n"d nnv nthnr nprtini-nt infnrmntinn Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road Winchester, VA 226034757 Location of • •• West of Rt 11 and 111 north of - Current zoning: RA Fred-Winc Service Signature_& Date:._ Zoning requested: BB=3 Acreage: 16.886 Notice to Fred-Winc Service Authority - Please Return Form to Applicant NOV 805 Rezoning Comments i f � $ Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority Frederick County Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road Wnchester, VA 22603-4757 Location of property: West of Route 11 and 2000' north from exit 321 (1-81) Current 7.nninu- R A 7nninn rennp ctf-d- R-q Sanitation Authority Comments: Sanitation Authority Signature & Dat ,,14/1 Arr-- I i. QQ,< Notice to Sanitation Authority - Please Return This Form to the Applicant 25 Rezoning Comments Frederick -Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Department Frederick- Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 201 (540) 722-3480 Winchester, Virginia Applicant: Please fill out the information as, accurately as possible, in order toassist the Frederick;Wirichester Health Department with their. review. Attach'a copy of your application form, location map, proffer statement, impact°.analysis, and any other:; pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Telephone: 540-667-2001 Mailing Address: 1073 Redhud Road Winchester. VA 22603-4757 Current zoning: RA Zoning requested: B-3 Acreage: 16.886 Frederick=Winchester Health Department's Comments: . Ya Health;Dep S'ignatuie & Da`te: Notice to Health Department - Please Return This Form to the Applicant 26 0 0 Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to'assist the Department of Parks &,Recreation. with tlieir.review:-.Attaeh-a copy.:ofyour.application form, location map, proffer statement, impact analysis, And. any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road Winchester, VA 22603-4757 Location of property: West of Rt 11 and 2000' north of exit 321 (1-81) Current zoning: RA Zoning requested: B-3 Acreage: 16.886 Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department �J~ & Recreation - Please Return This Form to the Applicant 23 f i Request for Street Name Comments Preliminary Sketch Plan R, kIVD Frederick County Department of-GiS 0 CT 2, 1. 2a115 Attn: Marcus Lcimsters, OS Mwm_' cr FREDRWHOl1NW 107 North Kent Street MI HG WORK m INSPECIONS Winchester, Virginia 22601 (540)665-5651 I }ie (;IS Alanagcr�v-11 review the proposed street names for this project to ensure their acc'uTtability into the i+roderick County Street Name System. Propowd street names will also he routed tt►roug}i the Communication Ccnter Supervisor for review. This step will prevent duplicate street names from being enterod. Please attach one copy of the plan indicating proposed names. Applicant's Name: Address: In number, GreyWolfe, Inc. - Gary R. Oates, LS-B, PE 1073 Redbud Road Winchester, VA 22603 540) 667-2001 Name of (levekipment antlJor description of the request: Clearbrook Business Center Lauren Way --- Location of property: 2100' north on Route 11 from I-81 exit 321 GIS Manager Comments: IL JJl2i <I� 111,9 rrl�4 JDG�fi9, G15 OFFICE USE ONLY: Date a vcd Datc received 0 -� ' ��'S Date revision received ppc�� Incomplete lncomplcte Date reviewed !a ' ����5 _. Da fncv od i� Signawrc and Date_ GrN *** Please return this form to applicant *** Pate 6 4)f n �\5W"ents ALi 4;c���� 0 o� F C P o� e F a Frederick County Public Schools Administrative Assistant to the Superintendent Mr. Gary R. Oates, LS,PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 Dear Mr. Oates: Visit us at www.frederick.kl2.va.us December 14, 2005 RE: Rezoning Comments for Rezoning Proposal e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed property located at west of Route 11 and north 2000' of exit 321 (I- 81) project. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully yours, 7 Stephen Kapocsi Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 Rezoning Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22602 (Rt. 645, off of Rt. 522 South) (540) 662-2422 Winchester, Virginia Applicant: Please fill'but the information as accurately as possible� in order to, assist the WinchesterRegional Airport with their. review.'Attach a copy, of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS,PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road Winchester, VA 22603-4757 Location of • •• West of Rt 11 and 111 north of - Current zoning: RA Zoning requested: B-3 Acreage: 16.886 Notice to Winchester Regional Airport - Please Return Form to Applicant 30 y • REGIpNq` 5 2� Sop W MCN`HESTER RMOdi9QL AM11"ORT SCRVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 q,,. _ _,t-4 (540) 662-2422 December 5, 2005 GreyWolfe, Incorporated Gary R. Oates, LS, PE 1073 Redburd Road Winchester, Virginia 22603-4757 Re: Rezoning Comment - RA to B-3 Clearbrook Business Center Stonewall Magisterial District Dear Mr. Oates: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, -\0'j4 S. R. Manuel Executive Director 0 • COUNTY of FREDERICK Department of Planning and Development 540/665=5651 FAX: 540/ 665-6395 November 30, 2005 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: Request for Historic Resources Advisory Board (HRAB) Comments Clearbrook Business Center Rezoning; PIN: 33-A-122A & 123 Dear Gary: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner II CEP/bad f AA 8T__.a9_ 4T ___• [l• • !1 •• AAA iii• t . ram• • • wr i•.� r.... .. Impact Statement For consideration of Rezoning the lands for the Clearbrook Business Center Stonewall Magisterial District Frederick County, Virginia November 1, 2005 Revised February 13, 2006 Tax Map Numbers 33-(A)-122A 33-(A)-123 Total Area: 16.886 acres Owner: R & J Land Development, LLC 1631 Redbud Road Winchester, VA 22603 (540) 974-6768 Contact: Gary R. Oates, LS-B, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofe (540) 545-4001 fax F E B 1 4 2006 Clearbrook Business Center Rezoning Introduction FED -1 4 2006 The site is located between Interstate 81 and Martinsburg Pike (US Route 11) about 2,000' north of exit 321 in Clearbrook, VA. The site has been used for several rental mobile homes and structures in the past. The current is seeking a change in zoning from RA to B-3 to create a business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The applicant has removed all but one rental trailer and has removed several loads of trash and debris. The majority of the property is now a hayfield and a topsoil stockpile located in the center of the site. There are two large box culverts under Interstate 81 that were installed as access to a landlocked parcel on the west side of the Interstate. The applicant will continue to grant access to those neighbors access from Route 11. Comprehensive Planning The site is intended to be zoned to business/commercial per the comprehensive plan and public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for our citizens. Proposed Development The applicant plans to remove all buildings. The site will be graded, landscaped, and a commercial entrance installed that will meet current regulations. There are not any tenants for the property; therefore, the traffic and fiscal impacts will assume an 8,000 sf restaurant and 120,000 sf of industrial use with associated parking. Physical hnpacts The site is not located near any 100 year flood plains. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by Route 11 to the east and Interstate 81 to the west. The southern properties are a large cornfield and a residence. The northern parcel is a residence on +/-14 acres. All parcels are intended to become commercial as indicated by the Comprehensive Plan. Traffic Impact and Analysis F E B 1 4 2006 See attached report by PHR&A. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8,489 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA. The pump station's holding capacity will be designed to handle a 50,000 gpd so that additional pumps can be installed in the future to accommodate neighboring parcels. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. Drainage The site currently drains from Interstate 81 to the east. This development will adhere to the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management and quality. Solid Waste Disposal The solid waste will be transferred to the Frederick County Landfill Facility by licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police, Fire, and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.05 per building square directly to the Clearbrook Volunteer Fire Department and also $0.05 per building square to the County for fire and rescue services. 2 Parks & Recreation Impact The only impact to the Parks might some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. 0 Patton Harris Rust Associates, pc Engineers200 RAMartinsburg, SLrveyoors. Planners. Landscape Architects. PH FoxcrWest Avenue, Suite 54 FaxPhone: 304. 3 Virginia 25401 Addendum 671 To: Susan Eddy Organization/Company: Frederick County Planning Department From: Michael Gliclnnan, PE Date: February 13, 2006 Project Name/Subject: An Addendum to: A Traffic Imfiact Analysis of the Clearbrook Profierties PHR+A Project file Number: 13957-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared an addendum to: -A TiacImpact Arraly.ri.r of the Clearbrook Properties, by PHR+A, dated October 13, 2005. The Clearbrook development is to be located along the west side of Route 11, north of Hopewell Road, in Frederick County, Virginia. The purpose of this document is to present a revised development scenario that would result in levels of service of "C" or better at the intersection of Route ll/Hopewell Road/Brucetown Road during 2008 build -out conditions. This includes the removal the proposed gas station and includes an additional 20,000 square feet of general heavy industrial. Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trig Generation Reirort, PHR+A has prepared Table 1 to summarize the trip generation for the revised Clearbrook development. Due to Right -of -Way constraints along Hopewell Road, the transportation improvements assumed were limited to: 1) The signaliza6on of the intersection of Route 11/Hopewell Road/Brucetown Road; and 2) Converting the existing two-way left -turn lane along Route 11 into separate northbound and southbound left -turn lanes. Figure 1 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 2 shows the respective 2008 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. Table 1 Proposed Development: Clearbrook Properties Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 120 GA Heavy Industrial 120,000 SF 54 7 61 3 20 23 180 932 H-T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 Total Proposed Development 102 52 153 56 54 110 1,197 Page 1 of 3 Patton Harris MR & Associates, pc No Scale 11 • Addendum To: Lloyd Ingram Page 2 of 3 AM Peak Hour(PM Peak Hour) Figure 1 2008 Build -Out Peak Hour Traffic Volumes Engineers • Surveyors • Planners • Landscape Architects L� Patton Harris Rust & Associates, pc No Scale Addendum To: Lloyd Ingram Page 3 of 3 Signalized "Suggested Intersection Improvements" LOS=C(C) Signalization 4t /!4p c(c) (C)C OTE: Assumed 10 second yellow/red clearance for the eastbound and westbound direction to account for the offset. r Denotes stop sign control Denotes traffic signal control Denotes two-way left turn lane Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 2 2008 Build -Out Lane Geometry and Levels of Service Engineers 9 Surveyors 9 Planners • Landscape Architects A Traffic Impact Analysis of the Clearbrook Properties Located in: Frederick County, Virginia Prepared for: Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Prepared by: Patton Harris Rust & Associates, pc End neers. Surveyors. Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 P T 304.264.1 u F 304.264.3673671 October 13, 2005 • OVERVIEW E Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Clearbrook Properties located along the north side of Hopewell Road, west of Route 11 (Martinsburg Pike), in Frederick County, Virginia. The proposed project is to be comprised of 100,000 square feet of general heavy industrial, an 8,000 square foot restaurant and a convenience market with 12 pumps. Access to the site is to be provided via a single (1) site -driveway along Route 11 (Martinsburg Pike). The project is to be built -out over a single transportation phase by the year 2008. Figure 1 is provided to illustrate the location of the proposed Clearbrook Properties with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Clearbrook Properties were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the study area, • Calculation of trip generation for the proposed Clearbrook Properties, • Distribution and assignment of the Clearbrook Properties development -generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest 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 intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.4 % based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 3 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 Clearbrook Properties PAProject Number: 13957-1-0 H October 13, 2005 Page 1 • • CN Figure 1 Vicinity Map - Clearbrook Properties in Frederick County, VA A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 PHf'A October 13, 2005 Page 2 • 0 PR+AH A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 Page 3 0 • No Scale Denotes stop sign control Denotes two-way left turn lane x Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis off he Clearbrook Properties IWIA ProjectNumber: r 13, 2005 1 5 October 13, 2 Page 4 2008 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2004) for Route 11 within the vicinity of the site, a growth rate of 2.7 % was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4 %) per year to the existing traffic volumes along Route 11 and Hopewell Road (shown in Figure 2) to obtain 2008 base conditions. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2008 background 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. A Traffic Impact Analysis of the Clearbrook Properties P]AProject Number: r 13, 21 5 H October ] 3, 2 e 5 Page 5 0 • PR+AH A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 Page 6 No Scale Denotes stop sign control Denotes two-way left turn lane * Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour; Figure 5 2008 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the Clearbrook Properties PhR+A Project Number: 13957-1-0 October 13, 2005 Page 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (TTE) Trip Ge7wration Report, PHR+A has prepared Table 1 to summarize the trip generation for the proposed Clearbrook Properties. Table 1 Proposed Development: Clearbrook Properties Trim l=onnratinn C'»mmnry Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 120 GA Heavy Industrial 100,000 SF 45 6 51 2 17 19 150 932 H-T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 945 Gas Station w/ Mart 12 pumps 69 60 121 80 80 161 1,953 Total Proposed Development 153 111 264 136 131- 267 3,121 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Clearbrook Properties site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. 2008 BUILD -OUT CONDITIONS The Clearbrook Properties assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 9 shows the respective 2008 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. A Traffic bnpact Analysis of the Clearbrook Properties PHP ProjectNumber: r 13, 21 5 October 13, 2 e 8 Page 8 9 r L -i t Figure 6 Trip Distribution Percentages A Traffic Impact Analvsis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 Page 9 PH1Zl� A Traffic Impact Analysis or the uearorouK roper uea Project Number: 13957-1-0 October 13, 2005 Page 10 0 0 No Scale -f- AM Peak Hour(PM Peak Hour) DailyAverage Figure 8 2008 Build -Out Peak Hour Traffic Volumes A Traffic Impact Analysis of the Clearbrook Properties PAProject Number: 13957-1-0 H October 13, 2005 Page 11 • 0 No Scale Signalized .Suggested Intersection Improvements" LOS=C C Signalizaion NB .IB - I lteCt-tur 4 co U n Unsignalized Intersection NOTE H sumed 10 second yellowfied " Slte-dI1VCWaY clearance for,the eastbound and ;:.westbound diiecoon to account *(B)B for die ofCseti Q` x0el1 Road � ot �C(D)* BrucetownRoad Unsignalized V Intersection C' 11 Denotes stop sign control Denotes traffic signal control Denotes two-way left turn lane Denotes Unsignalized Critical Movement L-.- YT1 + n AM Peak Hour (PM Peak Hour) Figure 9 2008 Build -Out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Clearbrook Properties F141A Project Number: r 13, 2 05 October 13, 2012 Page 12 CONCLUSION The traffic impacts associated with the proposed Clearbrook Properties are acceptable and manageable. Per the VDOT Road Design Manual, PHR+A also evaluated the need for turn lanes along Route 11 at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road and Route 11/site-driveway. The following describes the recommended roadway improvements for each of the study area intersections (also shown in Figure 9 for build -out conditions): • Route 11/Hopewell Road/Brucetown Road: Signalization and one eastbound left - turn lane will be required to maintain acceptable levels of service during 2008 build -out conditions. Also, one northbound left -turn lane is warranted per the VDOT Road Design Manual • Route 11/Site-Driveway: Per the VDOT Road Design Manual, one northbound left - turn lane is warranted. P HR+A A Traffic Impact Analysis of the Clearbrook Properties Project Number: 13957-1-0 October 13, 2005 Page 13 APPENDIX HCS-2000 Worksheets TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Site -Driveway Agency/Co. PHR+A Jurisdiction Frederick County, VA Date Performed 211312006 Analysis Year Build -out Conditions Analysis Time Period AM Peak Hour Project Descri tion Clearbrook Pro erties East/West Street: Site -Driveway North/South Street: Route 11 Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 92 305 0 0 381 10 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 96 321 0 0 401 10 Percent Heavy Vehicles 7 -- 7 -- -- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR U stream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 5 0 46 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 1 0 5 1 0 1 48 Percent Heavy Vehicles 7 0 1 7 7 0 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (vph) 96 53 C (m) (vph) 1121 562 lc 0.09 0.09 95% queue length 0.28 0.31 Control Delay 8.5 12.1 LOS A B Approach Delay -- -- 12.1 Approach LOS -- -- B Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1d Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Site -Driveway Agency/Co. PHR+A Jurisdiction Frederick County, VA Date Performed 211312006 Analysis Year Build -out Conditions Analysis Time Period PM Peak Hour East/West Street: Site -Driveway North/South Street: Route 11 Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 50 411 0 0 355 6 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 52 432 0 0 373 6 Percent Heavy Vehicles 7 -- - 7 -- Median Type Undivided RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 5 0 49 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 5 0 51 Percent Heavy Vehicles 7 0 7 7 0 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (vph) 52 56 C (m) (vph) 1153 590 lc 0.05 0.09 95% queue length 0.14 0.31 Control Delay 8.3 11.7 LOS A B Approach Delay -- -- 11.7 Approach LOS -- -- B Rights Reserved HCS2006TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1d Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Hopewell Agency/Co. PHR+A Rd/Brucetown Date Performed 211312006 Jurisdiction Frederick County, VA Analysis Time Period AM Peak Hour Analysis Year Build -out Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 47 194 58 12 252 163 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 49 204 61 12 265 171 Percent Heavy Vehicles 7 -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 61 44 70 132 61 58 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 64 1 46 73 138 64 61 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 49 12 183 263 C(m)(vph) 1098 1271 452 417 lc 0.04 0.01 0.40 0.63 95% queue length 0.14 0.03 1.93 4.20 Control Delay 8.4 7.9 18.3 27.3 LOS A A C D Approach Delay, -- -- 18.3 27.3 Approach LOS -- -- C D Rights Reserved HCs2006T M Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Hopewell Agency/Co. PHR+A Rd/Brucetown Date Performed 211312006 Jurisdiction Frederick County, VA Analysis Time Period PM Peak Hour Analysis Year Build -out Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 99 317 81 46 193 165 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 104 333 85 48 203 173 Percent Heavy Vehicles 7 -- - 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 58 52 53 92 37 60 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 61 54 55 96 38 1 63 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 104 48 170 197 C (m) (vph) 1156 1115 326 304 lc 0.09 0.04 0.52 0.65 95% queue length 0.30 0.13 2.85 4.20 Control Delay 8.4 8.4 27.5 36.3 LOS A A D E Approach Delay -- -- 27.5 36.3 Approach LOS -- -- D E Rights Reserved HCS2000TM Version 4.Id Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id Patton Harris Rust & Associates, pc HCS2000'0 DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 211312006 Time Period AM Peak Hour Intersection Rt. 11 & Hopewell Rd/Brucetown Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Build -out Conditions Project ID Clearbrook Properties - Suggested Improvements Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 0 1 0 0 1 0 1 1 0 1 1 0 Lane group LTR LTR L LTR L TR Volume, V (vph) 132 61 58 61 44 70 47 194 58 12 252 163 % Heavy vehicles, %HV 7 7 7 7 7 7 7 7 7 7 7 7 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 15 0 15 0 15 0 30 Lane width 12.0 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only WB Only 03 04 NS Perm 06 07 08 Timing G= 19.9 G= 16.0 G= G= G= 27.1 G= G= G= Y= 10 Y= 10 Y= Y= IY= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 88.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 248 168 49 249 13 405 Lane group capacity, c 381 303 152 532 272 518 v/c ratio, X 0.65 0.55 0.32 0.47 0.05 0.78 Total green ratio, g/C 0.23 0.18 0.31 0.31 0.31 0.31 Uniform delay, di 30.9 32.7 23.4 24.6 21.4 27.8 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc 0 • Delay calibration, k 0.23 0.15 0.11 0.11 0.33 Incremental delay, d2 3.9 2.2 t.2 0.7 0.1 7.6 Initial queue delay, d3 Control delay 34.8 135.0 24.7 125.3 21.5 35.4 Lane group LOS C C C C C D Approach delay 34.8 35.0 25.2 35.0 Approach LOS C C C C Intersection delay 32.4 Xc = 0.68 Intersection LOS C HCS2000'M Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates, pc HCS2000'°" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 211312006 Time Period PM Peak Hour Intersection Rt. 11 & Hopewell Rd/Brucetown Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Build -out Conditions Project ID Clearbrook Properties - Suggested Improvements Volume and Timing Input EB WB NB SIB LT TH RT LT TH I RT LT TH RT LT TH RT Number of lanes, Ni 0 1 0 0 1 0 1 1 0 1 1 0 Lane group LTR LTR L TR L TR Volume, V (vph) 92 37 60 58 52 53 99 317 81 46 195 168 % Heavy vehicles, %HV 7 7 7 7 7 7 7 7 7 7 7 7 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 1 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 5 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only WB Only 03 04 INS Perm 06 07 08 Timing G= 19.0 G= 18.0 G= G= G= 28.0 G= G= G= Y= 10 Y= 10 Y= Y= IY= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SIB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted flow rate, v 199 172 104 419 48 382 Lane group capacity, c 342 334 172 536 145 514 v/c ratio, X 0.58 0.51 0.60 0.78 0.33 0.74 Total green ratio, g/C 0.21 0.20 0.31 0.31 0.31 0.31 Uniform delay, d1 31.9 32.1 26.3 28.2 23.8 27.8 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc • 0 Delay calibration, k 0.17 0.12 0.19 0.33 0.11 0.30 Incremental delay, d2 2.5 1.4 5.9 7.4 1.3 5.8 Initial queue delay, d3 Control delay 34.4 33.5 32.2 35.6 25.2 33.6 Lane group LOS C C C D C C Approach delay 34.4 33.5 34.9 32.6 Approach LOS C C C C Intersection delay 33.9 Xc = 0.65 Intersection LOS C HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e Patton Harris Rust & Associates, pc 0 0 APPENDIX • HCS-2000 Work Sheets 0 INTERSECTION CAPACITY ANALYSIS and LEVEL OF SERVICE The most current analysis methodologies used for evaluating the capacity of intersections were developed by the Transportation Research Board (TRB) in conjunction with the Federal Highway Administration (FHWA) and other members of the transportation profession. This methodology is represented in TRB Special Rep°rt Numer thn lyse� were developed bpaC1FHWA;ty nand ual (HCM). Computerized methods for conducting ese a are the methods used in this report. The following brief explanations of the methodologies are adapted from the HCM. UNSIGNALIZED INTERSECTIONS - TWSC At an unsignalized two-way stop -controlled (TWSC) intersection, the major street has y while the side street is controlled by a stop sign or yield sign. In continuous right of wa operation, vehicles exiting the side street and crossing or turning into the main street flow must wait for "acceptable gaps" in the main street flow. The same is true of left -turning traffic from the main street that must cross the opposing flow. The analysis takes into account the probability of a gap in the main street traffic. The probability and number of acceptable gaps is lower in higher volume flows. The acceptability of a gap is modified by physical factors (sight distance, turning radius, etc.) and by characteristics of the traffic flow (percentage trucks, buses, etc.). by e HCM were used un In the analysis in these reports, all default e defaultslsuggested the esthmated percentage of trulcks additional information was available. T (single unit and tractor -trailer), buses and motorcycles. The level of service for TWSC intersections is determined only for individual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a arts from the stop vehicle stops at the end of the he vehicle to travel from the Past in -queue position to the first -in - includes the time required f nlieue position. 0 0 UNSIGNALIZED INTERSECTIONS - AWSC At an unsignalized all -way stop -controlled (AWSC) intersection, all directions are controlled by a stop sign. Operation of AWSC intersections requires that every vehicle stop at the intersection before proceeding. Since each driver is required to stop, the judgment as to whether to proceed into the intersection is a function of the traffic conditions on the other (opposing and conflicting) approaches. Therefore, a driver proceeds only after determining that there are no vehicles currently in the intersection and that it is safe to proceed. The analysis takes into account the problem of determining, under capacity conditions for a given approach, the factors that influence the rate at which vehicles can depart successfully from the STOP line. Traffic at other approaches, which increases potential conflict, translates directly into longer driver decision times and saturation headways. The saturation headways are also influenced by characteristics of the traffic flow (slow accelerating vehicles, left turns, etc.). In the analysis in this reports, all default values suggested by the HCM were used unless additional information was available. These defaults include the estimated percentage of trucks (single unit and tractor -trailer), buses and motorcycles. The level of service for AWSC intersections is determined only for individual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to the first -in - queue position. • • SIGNALIZED INTERSECTIONS The operation (and therefore the capacity) of a signalized intersection is complicated by the fact that the signal is allocating time between conflicting traffic movements - movements that must use the same physical space. The analysis, therefore, must not only look at the physical geometry of the intersection, but the signal timing aspects as well. In the analysis of signalized intersections, two terms are important: volume to capacity ratio (v/c) and; average stopped delay (seconds per vehicle). The theoretical capacity is based on the physical geometry, the available green time (often expressed as G/C), and the traffic mix (e.g. trucks use more capacity than cars). The average stopped delay may be calculated from the v/c ratio, cycle length, quality of progression on the arterial and available green time on each approach. In this report all the default values recommended by the HCM are used unless other specific information is available (percentage of trucks, pedestrians, etc.). Existing signal timings are observed and used whenever possible. When future signals are being evaluated, an "optional" signal timing is calculated based on projected volumes. The level of service is based on the calculated average delay per vehicle for each approach and for the intersection as a whole. Based on extensive research studies, the maximum delay acceptable by the average driver is sixty seconds per vehicle at a signalized intersection. This is defined as the upper limit on the possible range of delayllevel of service criteria. The following criteria describe the full range of level of service: Level"of Service Criteria for Signalized Intersections Stopped Delay ` � ,Level of:Service ;; f pe e (s c) r Vehicl e B >100and<200 D >35 0 and <55 0 f, E >55 0 and <80 0 4 L F >80 0 w � v a LEVEL OF SERVICE DESCRIPTIONS FOR SIGNALIZED INTERSECTIONS Level of Service Description A Level of Service A describes operations with very low delay, up to 10 sec per vehicle. This level of service occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Level of Service B describes operations with delay greater than 10 and up to 20 sec per vehicle. This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than for LOS A, causing higher levels of average delay. C Level Of Service C describes operations with delay greater than 20 and up to 35 sec per vehicle. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear in this level. The number of vehicles stopping is significant at this level, though many still pass though the intersection without stopping. D Level of Service D describes operations with delay greater than 35 and up to 55 sec per vehicle. At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, longer cycle lengths, or high v/c ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Level of Service E describes operations with delay greater than 55 and up to 80 sec per vehicle. This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. F Level of Service F describes operations with delay in excess of 80 sec per vehicle. This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and cycle lengths may also be major contributing causes to such delay levels. TWO-WAY STOP CONTROL SUMMARY General Information 0 Site Informat Analyst Agency/Co. Date Performed Analysis Time Period PHR+A PHR+A 813012005 AM Peak Hour Intersection Jurisdiction nalysis Year Rt 11 & Hopewell Rd/Brucetown Frederick County, VA Existing Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 42 141 52 11 208 120 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 44 1 148 54 11 218 126 Percent Heavy Vehicles 7 -- -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 54 39 62 68 54 52 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 56 41 65 71 56 1 54 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 44 11 162 181 C (m)(vph) 1188 1341 529 507 lc 0.04 0.01 0.31 0.36 95% queue length 0.12 0.02 1.29 1.60 Control Delay 8.1 7.7 14.8 16.0 LOS A A B C Approach Delay -- -- 14.8 16.0 Approach LOS -- -- B C Rights Reserved HCS2006TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information Site Informa Analyst PHR+A Agency/Co. PHR+A Date Performed 813012005 Analysis Time Period PM Peak Hour Intersection Rt 11 & Hopewell Rd/Brucetown Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 88 264 72 41 155 120 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 92 277 1 75 1 43 163 1 126 Percent Heavy Vehicles 7 1 -- 7 -- -- Median Type Two Way Lett Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 52 46 47 54 33 53 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 54 48 1 49 56 34 55 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 92 43 151 145 C (m)(vph) 1245 1180 398 403 lc 0.07 0.04 0.38 0.36 95% queue length 0.24 0.11 1.74 1.61 Control Delay 8.1 8.2 19.5 18.9 LOS A A C C Approach Delay -- -- 19.5 18.9 Approach LOS -- -- C C Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1 d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information Site Informati Analyst PHR+A Intersection Agency/Co. PHR+A Jurisdiction Date Performed 813012005 Analysis Year Analysis Time Period AM Peak Hour Rt 11 & Hopewell Rd/Brucetown Frederick County, VA Background Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 47 159 58 12 234 135 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 49 167 1 61 12 246 142 Percent Heavy Vehicles 7 --1 -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 61 44 70 76 61 58 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 64 1 46 73 80 64 61 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR I I LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 49 12 183 205 C (m) (vph) 1144 1311 486 470 /c 0.04 0.01 0.38 0.44 95% queue length 0.13 0.03 1.73 2.18 Control Delay 8.3 7.8 16.8 18.5 e (I i C LVJ Approach Delay -- " -- 16.8 18.5 pproach LOS -- -- C C Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1 d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information Site Informat Analyst PHR+A Agency/Co. PHR+A Date Performed 813012005 Analysis Time Period PM Peak Hour Intersection Rt 11 & Hopewell Rd/Brucetown Jurisdiction Frederick County, VA nalysis Year Background Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 99 297 81 46 174 135 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 104 312 1 85 1 48 183 142 Percent Heavy Vehicles 7 --1 -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 58 52 53 61 37 60 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 61 1 54 1 55 64 38 1 63 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR I LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 104 48 170 165 C (m)(vph) 1207 1135 354 355 lc 0.09 0.04 0.48 0.46 95% queue length 0.28 0.13 2.50 2.37 Control Delay 8.3 8.3 24.2 23.6 LOS A A C C Approach Delay -- - 24.2 23.6 Approach LOS -- -- C C Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information N Site Informa Analyst PHR+A Agency/Co. PHR+A Date Performed 813012005 Analysis Time Period AM Peak Hour Intersection Rt 11 & Hopewell Rd/Brucetown Jurisdiction Frederick County, VA Analysis Year Build -out Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 47 212 58 12 273 196 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 49 1 223 1 61 12 287 206 Percent Heavy Vehicles 7 -- -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 61 44 70 161 61 58 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 64 1 46 1 73 169 1 64 61 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR I LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 49 12 183 294 C(m)(vph) 1045 1250 428 391 lc 0.05 0.01 0.43 0.75 95% queue length 0.15 0.03 2.10 6.06 Control Delay 8.6 7.9 19.5 37.3 LOS A A C E Approach Delay -- -- 19.5 37.3 Approach LOS -- -- C E Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information a ISite Informa Analyst PHR+A Intersection Rt 11 & Hopewell Agency/Co. PHR+A Rd/Brucetown Date Performed 813012005 Jurisdiction Frederick County, VA Analysis Time Period PM Peak Hour Analysis Year Build -out Conditions Project Description Clearbrook Properties East/West Street: Hopewell Rd/Brucetown Rd. North/South Street: Route 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 99 345 81 46 220 207 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 104 363 1 85 48 1 231 217 Percent Heavy Vehicles 7 -- -- 7 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 1 1 0 Configuration L TR L TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 58 52 53 135 37 60 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 61 1 54 1 55 142 1 38 63 Percent Heavy Vehicles 7 7 7 7 7 7 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L LTR LTR (vph) 104 48 170 243 C (m) (vph) 1086 1086 307 272 lc 0.10 0.04 0.55 0.89 95% queue length 0.32 0.14 3.15 7.90 Control Delay 8.7 8.5 30.4 71.0 LOS A A D F Approach Delay -- -- 30.4 71.0 Approach LOS -- -- D F Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Version 4.1 d Patton Harris Rust & Associates HCS2000 DETAILED REPORT General Information Site Informatio Analyst PHR+A Agency or Co. PHR+A Date Performed 813012005 Time Period AM Peak Hour Intersection . 11 & Hopewell Rd/Brucetown Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Build -out Conditions Project ID Clearbrook Properties - Suggested Improvements Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of lanes, N� 1 1 0 0 1 0 1 1 0 0 1 0 Lane group L TR LTR L TR LTR Volume, V (vph) 161 61 58 61 44 70 47 212 58 12 273 196 % Heavy vehicles, %HV 7 7 7 7 7 7 7 7 7 7 7 7 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 12.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, Ng 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only WB Only 03 04 NS Perm 06 07 08 Timing G= 16.5 G= 15.0 1Y= G= G= G= 33.5 G= G= G= Y= 10 10 Y= Y= Y= 5 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB IWB NB SB ELT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 169 125 184 49 284 506 Lane group capacity, c 309 302 275 209 639 618 v/c ratio, X 0.55 0.41 0.67 0.23 0.44 0.82 Total green ratio, g/C 0.18 0.18 0.17 0.37 10.37 10,37 Uniform delay, d1 33.4 32.5 35.2 19.4 21.3 25.5 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.15 0.11 0.24 0.11 0.11 0.36 Incremental delay, d2 2.0 0.9 6.1 0.6 0.5 8.5 Patton Harris Rust & Associates Initial queue delay, d3 Control delay 35.4 .4 41.3 EAW_ 21.7 34.1 Lane group LOS D C D C C C Approach delay 34.5 41.3 21.5 34.1 Approach LOS C D C C Intersection delay 32.0 Xc = 0.71 Intersection LOS C HCS2000TM Copyright 0 2000 University of Florida, All Rights Reserved version 4.1e Patton Hallis Rust & Associates HCS2000- DETAILED REPORT General Information Site Informatio Analyst PHR+A Agency or Co. PHR+A Date Performed 813012005 Time Period PM Peak Hour Intersection M. • 11 & Hopewell Rd/Brucetown Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Build -out Conditions Project ID Clearbrook Properties - Suggested Improvements Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 1 0 0 1 0 1 1 0 0 1 0 Lane group L TR LTR L TR LTR Volume, V (vph) 135 37 60 58 52 53 99 1345 81 46 220 207 % Heavy vehicles, %HV 7 7 7 7 7 7 7 7 7 7 7 7 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 12.0 2.0 1 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 5 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only WB Only 03 04 NS Perm 06 07 08 Timing G= 12.0 G= 15.0 G= G= G= 38.0 G= G= G= Y= 10 Y= 10 Y= Y= IY= 5 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 142 102 172 104 448 498 Lane group capacity, c 219 209 278 281 728 592 v/c ratio, X 0.65 0.49 0.62 0.37 0.62 0.84 Total green ratio, g/C 0.13 0.13 0.17 0.42 0.42 0.42 Uniform delay, di 37.0 36.2 34.8 17.8 20.3 23.3 Progression factor, PF 1.000 1.000 11.000 1.000 1.000 11.000 Delay calibration, k 0.23 0.11 0.20 0.11 0.20 0.38 Incremental delay, d2 6.6 1.8 4.2 0.8 1.6 10.6 Patton Harris Rust & Associates Initial queue delay, d3 Control delay 43.6 7.9 39.0 1 21.9 33.9 Lane group LOS D D D 8 C C Approach delay 41.2 39.0 21.3 33.9 Approach LOS D D C C Intersection delay 30.9 XC = 0.75 Intersection LOS C HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1 e Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY Site Informatioaft FGeneralformation PHR+A Intersection geny. PHR+A Jurisdiction Date Performed 813012005 Analysis Year Analysis Time Period AM Peak Hour Project Description Clearbrook Properties North/South Street: Routersection t/West Street: Site-Drivewa North -South Study Period (hrs): 0.25 Orientation: E Vehicle Volumes and Adjustments Major Street Northbound Movement 1 2 3 4 R L L T Volume 138 305 0 0 0.95 0.95 0.95 0.95 Peak -Hour Factor, PHF Hourly Flow Rate, HFR 145 321 0 0 Percent Heavy Vehicles 7 -- "" 7 Median Type Undivided RT Channelized 0 Lanes 1 1 0 0 Configuration L T Upstream Si nal 0 treet Westboundnt 10 7 8 9 L TL 0 0.95 0 0our 0.95 0.95 0.95 Factor, PHF Flow Rate, HFR 0 0 0 11 t Heavy Vehicles I 7 0 77 t Grade (%) 0 Approach N 0Channel 0 Lanes 0 0 0 0 Configuration Delay, Queue Length, and Level of Service Approach NB SB Westbound Movement 1 4 7 8 9 Lane Configuration L (vph) 145 C (m) (vph) 1117 /c 0.13 95% queue length 0.45 Control Delay 8.7 LOS A Approach Delay -- "- Approach LOS -- -- Rights Reserved IiCS2000TM Copyright ©2003 University of Florida, All Rights Reserved Version 4.1d Rt 11 & Site -Driveway Frederick County, VA Build -out Conditions Eastbound 10 11 LR 116 540 0.21 0.81 13.5 B 13.5 B 12 Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY Site Informatio General Information Ah Analyst PHR+A Intersection urisdiction Agency/Co. Date Performed PHR+A 813012005 nalysis Year Analysis Time Period PM Peak Hour Project Description Clearbrook Properties North/South Street: Route 11 East/West Street: Site-Driveway Study Period (hrs): 0.25 Intersection Orientation: North -South Vehicle Volumes and Adjustments Major Street Northbound 4 Movement 1 2 T 3 R L L Volume 122 411 0 0.95 0 0.95 Peak -Hour Factor, PHF 0.95 0.95 Hourly Flow Rate, HFR 128 432 0 0 7 t H av Vehicles 7 --E4� Percen e y Median Type RT Channelized Lanes 1 1 Configuration L T Upstream Signal 0 Minor Street Westbound Movement 7 8 L n Volume 0 Peak -Hour Factor, PHF 0.95 0.95 Hourly Flow Rate, HFR 0 0 Percent Heavy Vehicles 7-1 0 Percent Grade (%) 0 Flared Approach N Storage 0 RT Channelized Lanes 0 0 Configuration Dela , Queue Length, and Level of Service Approach 1 NB SB Movement 1 4 Lane Configuration L (vph) 128 C (m) (vph) 1145 /c 0.11 95% queue length 0.38 Control Delay 8.5 LOS A Undivided 0 T_ 0 1 0 I�® �Westbound 1_ 8 Approach Delay" - Approach LOS"- Rights Reserved HCS2000Tt"t Copyright ©3003 University of Florida, All Rights Reserved Version 4.1d Rt 11 & Site -Driveway Frederick County, VA Build -out Conditions Southbound 5 T 355 0.95 373 1 0 ;tb 11 0 0.95 0 0 0 N 0 N EN 12 R 118 0.95 124 7 Eastbound 0 12 Version 4.1 d Patton Harris Rust & Associates E • Traffic Counts Intersection: E-W: Ho to 11 Road/BrucetownRoaWeadier D c Name N-S• Route 11� -CountByjSD Miput Byl SD Location Clearbrook, VA Count Date 8/29/2005 WB: Brucetown Road NB: Route 11 SB: Route 11 15 Minute EB: Hopewell Road Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru i 7:00 23 18 17 58 22 13 19 54 12 41 16 69 5 59 7.15 16 15 22 53 14 8 16 38 17 39 15 71 1 53 7:30 16 11 8 35 6 11 14 31 5 30 9 44 3 55 7:45 13 10 5 28 12 7 13 32 8 31 12 51 2 41 8:00 11 8 4 23 15 8 18 41 13 29 17 59 6 42 8:15 9 12 10 31 9 5 11 25 11 26 13 50 6 33 8:30 14 9 22 45 7 11 6 24 12 29 9 50 4 40 8:45 10 7 18 35 5 8 3 16 15 34 12 61 5 37 9:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9:15 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9:30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9:45 0 0 0 0 0 0 0 0 61 93 259 103 455 32 360 A.M. Total 112 90 106 309 90 71 100 2 16:00 18 11 5 34 12 9 13 34 17 58 16 91 6 32 16:15 17 11 12 40 14 10 17 41 21 61 14 96 8 39 16:30 14 8 12 34 14 11 8 33 19 76 17 112 9 34 37 16:45 10 6 16 32 8 11 9 28 26 69 19 114 14 17:00 13 8 13 34 16 14 13 43 22 58 22 102 10 45 17:15 11 7 9 27 10 9 10 29 25 53 26 104 8 36 17:30 14 8 14 36 8 7 6 21 19 57 21 97 8 32 17:45 13 8 10 31 7 5 5 17 22 52 23 97 10 35 0 0 0 0 0 0 18:00 0 0 0 0 0 0 0 0 0 0 0 0 0 19:15 0 0 0 0 0 0 0 0 0 19:30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 18:45 0 0 ,,,,� ,,, aua t5R 813 73 290 P.M. Total 110 67 91 269 89 76 81 246 VdB: BrucetownRoad NB: Route 11 SB: Route 11 1Hour EB: HopewellRoad Period Thru Begining Left Thru Right Total Left Thru Right Total Left Tbru Right Total Leh 7:00 68 54 52 174 54 39 62 155 42 141 52 235 11 208 7:15 56 44 39 139 47 34 61 142 43 129 53 225 12 191 7:30 49 41 27 117 42 31 56 129 37 116 51 204 17 171 7:45 47 39 41 127 43 31 48 122 44 115 51 210 18 156 8:00 44 36 54 134 36 32 38 106 51 118 51 220 21 152 8:15 33 28 50 ill 21 24 20 65 38 89 34 161 15 110 8:30 24 16 40 80 12 19 9 40 27 63 21 Ill 9 77 8:45 10 7 18 35 5 8 3 16 15 34 12 61 5 37 9:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 16:00 59 36 45 140 48 41 47 136 83 264 66 413 37 142 16:15 54 33 53 140 52 46 47 145 88 264 72 424 41 155 16:30 48 29 50 127 48 45 40 133 92 256 84 432 41 152 16:45 48 29 52 129 42 41 38 121 92 237 88 417 40 150 48 17:00 51 31 46 129 41 35 34 110 88 220 92 400 36 110033 17:15 38 23 33 94 25 21 21 67 66 162 70 298 26 17:30 27 16 24 67 15 12 11 38 41 109 44 194 18 67 17:45 13 8 10 31 7 5 5 17 22 52 23 97 10 35 18:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WB: BrucetownRoad NB: Route 11 SB: Route 11 1 Hour EB: Hopewell Road PeriodThru Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left 7:00 68 54 52 174 54 39 62 .7 42 141 PHF — 0283 11 208 A.M. Peak PHF = 0.75 PHF = 0.72 16:15 54 33 53 140 52 46 47 145 88 264 72 424 41 155 P.M. Peak PIIF = 0.88 PHF = 0.84 PIS = 0.93 15 Min. N,S, Period t Total E & W Begining 102 283 7:00 81 243 7:15 89 199 7:30 67 179 7:45 80 203 8:00 64 170 8:15 59 178 8:30 59 171 8:45 p 0 9:00 0 0 9:15 0 0 9:30 0 0 9:45 9 601 1625 A.M. Total L 50 209 16:00 1 68 245 16:15 7 80 259 16:30 3 84 258 16:45 9 84 263 17:00 0 74 234 17:15 3 63 217 17:30 :6 71 216 17:45 0 0 0 19:00 0 0 0 18:15 0 0 0 18:30 0 0 0 18:45 11 574 1901 P.M. Total 1 Hour N,S, Period ight Total E & W Begining 120 339 903 7:00 114 317 823 7:15 112 300 750 7:30 96 270 729 7:45 89 262 722 8:00 57 182 519 8:15 32 118 349 8:30 17 59 171 8:45 0 0 0 9:00 103 282 971 16:00 120 316 1025 16:15 129 322 1014 16:30 115 305 972 16:45 108 292 930 17:00 79 208 667 17:15 49 134 433 17:30 26 71 216 17:45 0 0 0 18:00 V Hour eriod Right gining 120 7:00PHF = . Peak120 16:15PHF = . Peak • Intersection: B-W: Hopewell RoadBrucetown Road Weather Dry File Natn 1/0/1900 N-S: lRoute 11 Count By SD Input By SD Location Clearbrook, VA Cowtt Datc 8/29/2005 Route 11 AM. PEAK HOUR I 7:00 - 8:00 1 339 (34%) 271 120 208 111 L «1 + Brucetown Road 201 68 � L— 62 (21%) 174 54 39 155 52 54 (15%) 117 —' HopewellRoad 42 141 52 3141 (30%) 2351 Route 11 Route 11 P.M. PEAK HOUR 16:15 - 17:15 1316 (33%,) 365 120 155 I41 L+ Brucetown Road .--- 254 54 —� L� 47 (19 J) 140 —► 33 46 145 53 52 (14°%) 146 —� Hopewell Road 88 264 72 260 1 (33°,b) 424I Route 11 Distribution To/From Percent East 14.63% West 19.99% North 33.50% South 31.98% 100% 0 QUARR VICINITY MAP 0 Impact Statement For consideration of Rezoning the lands for the Clearbrook Business Center Stonewall Magisterial District Frederick County, Virginia November 1, 2005 Tax Map Numbers 3 3-(A)-122A 33-(A)-123 Total Area: 16.886 acres Owner: R & J Land Development, LLC 1631 Redbud Road Winchester, VA 22603 (540)974-6768 Contact: Gary R. Oates, LS-13, PE GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax Clearbrook Business Center Rezoning In trod I I cti nil The site is located between Interstate 81 and Martinsburg Pike (US Route 11) about 2,000' north of exit 321 in Clearbrook, VA. The site has been used for several rental mobile homes and structures in the past. The current is seeking a change in zoning from RA to B-3 to create a business park that is consistent with the Frederick County Comprehensive Plan. Existing Conditions The applicant has removed all but one rental trailer and has removed several loads of trash and debris. The majority of the property is now a hayfield and a topsoil stockpile located in the center of the site. There are two large box culverts under Interstate 81 that were installed as access to a landlocked parcel on the west side of the Interstate. The applicant will continue to grant access to those neighbors access from Route 11. Comprehensive Planning The site is intended to be zoned to business/commercial per the comprehensive plan and public water and sewer is available at the site. The benefit to Frederick County by approving this rezoning will be a positive economic impact and employment opportunities for our citizens. Proposed Development The applicant plans to remove all buildings. The site will be graded, landscaped, and a commercial entrance installed that will meet current regulations. There are not any tenants for the property; therefore, the traffic and fiscal impacts will assume a gas station with food mart not to exceed twelve (12) pumps, an 8,000 sf restaurant, and 100,000 sf of heavy industrial use with associated parking. Physical Impacts The site is not located near any 100 year flood plains. Furthermore, there are not any woodlands or noteworthy landscaping on site to preserve. Surrounding Properties The site is bounded by Route 11 to the east and Interstate 81 to the west. The southern properties are a large cornfield and a residence. The northern parcel is a residence on +/-14 acres. All parcels are intended to become commercial as indicated by the Comprehensive Plan. Traffic Impact and Analysis See attached report by PHR&A. Sewer Conveyance and Treatment The FCSA has a 6" sewer force main along Route 11. This commercial development is expected to generate 500 gallons/day/acre for a total of 8,489 gpd. The applicant will build a sewer pump station to be dedicated to the FCSA. The pump station's holding capacity will be designed to handle a 50,000 gpd so that additional pumps can be installed in the future to accommodate neighboring parcels. Water Supply The FCSA has a 12" water main along Route 11. This development is expected to generate 1000 gallons/day/acre for a total of 16,978 gpd. Drainage The site currently drains from Interstate 81 to the east. This development will adhere to the Frederick County Ordinance and to the guidelines set forth by the Department of Public Works for stormwater management and quality. Solid Waste Disposal The solid waste will be transferred to the Frederick County Landfill Facility by licensed commercial carriers. Historical Impact There are no historically significant structures or features present. Educational Impact This development will not create additional students for the schools. Police, Fire, and Rescue Impact The development will increase the burden on fire and rescue. The applicant is offering a proffer of $0.05 per building square directly to the Clearbrook Volunteer Fire Department and also $0.05 per building square to the County for fire and rescue services. Parks & Recreation hnpact The only impact to the Parks might some of the businesses signing up for shelters for company picnics. This development is not expected to increase population; therefore, no measurable impacts are predicted. M Patton Harris Rust & Associates, pc Engineers. Suurveyoors. Planners. Landscape Architects. PH RA Ma Foxcra Avenue, Suite Martinsburg,, West Virginia 2545401 Phone: 304.264.2711 Fax: 304.264.3671 To: Organization/Company: From: Date: Project Name/Subject: PHR+A Project file Number: Susan Edd Addendum Frederick County Planning Department Michael Gliclunan, PE February 13, 2006 An Addendum to: A Tiadic W/ act Analysis of the Clearbrook PioPeities 13957-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared an addendum to: A Twnic Impact Anal rir of the Clearbrook Pioleitier, by PHR+A, dated October 13, 2005. The Clearbrook development is to be located along the west side of Route 11, north of Hopewell Road, in Frederick County, Virginia. The purpose of this document is to present a revised development scenario that would result in levels of service of "C" or better at the intersection of Route 11/Hopewell Road/Brucetown Road during 2008 build -out conditions. This includes the removal the proposed gas station and includes an additional 20,000 square feet of general heavy industrial. Using the 7di Edition of the Institute of Transportation Engineers' (1TE) T60 Generntion Rebore, PHR+A has prepared Table 1 to surmnarize the trip generation for the revised Clearbrook development. Due to Right -of -Way constraints along Hopewell Road, the transportation improvements assumed were limited to: 1) The signalization of the intersection of Route 11/Hopewell Road/Brucetown Road; and 2) Converting the existing two-way left -turn lane along Route 11 into separate nordibound and southbound left -turn lanes. Figure 1 shows the 2008 build -out ADT and AM/PM peak hour traffic vohunes at the intersection of Route 11 (Martinsburg Pike)/Hopewell Road/Brucetown Road. Figure 2 shows the respective 2008 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. Table 1 Proposed Development: Clearbrook Properties Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 120 GA Heavy Industrial 120,000 SF 54 7 61 3 20 23 180 932 H-T Restaurant 8,000 SF 48 44 92 53 34 87 1,017 Total Proposed Development 102 52 153 56 54 110 1,197 Page 1 of 3 Patton Harris Rust & Associates, pc No Scale -4- Addendum To: Lloyd Ingram Page 2 of 3 AM Peak Hour(PM Peak Hour) Figure 1 2008 Build -Out Peak Hour Traffic Volumes Engineers • Surveyors e Planners 9 Landscape Architects Patton Harris Rust & Associates, pc No Scale U Addendum To: Lloyd Ingram Page 3 of 3 Signalized "Suggested flitersection Inrprovetnenls" LOS=C(C) I Signnlizalion 4L /!* CSC' (c)c • '► / n n DTE: Assumed 10 second yellowhed clearance for the eastbound and westbound direction to account for the offset. Denotes stop sign control Denotes traffic signal control Denotes two-way left turn lane :I: Denotes Unsignalized Critical Movement AM Peak Hour (PM Peak Hour) Figure 2 2008 Build -Out Lane Geometry and Levels of Service Engineers • Surveyors e Planners e Landscape Architects INTERSTATE 81 VRIABLE WIDTH R, 0. W. SQUARE BOLT DB 284, PG 76 AT BASE OF LOCUST TREE N 2600723" E - 953.31 ' -- O O -- she"IRF z 33-(A)-125 33-(A)-123 MOHEBATULLAH 33-(A)-114A cN R & J DEVELOPMENT, LLC VAHIDI MSD #030022368 #050012825 INVESTMENTS, LLC ZONED: RA ZONED: RA #030016289 USE: AGR. USE: AGR. ZONED: RA o 14.278ACRES 114ACRES USE: AGR, w 33-(A)-122A 134 ACRES R & J DEVELOPMENT, LLC S 28°45'00" W - 547, 72' #050002818 POST 0��0 % "IRF 156,24' POST ZONED: RA USE., AGR. � rn i 33-(A)-122 2,608 ACRES M. HARRIS STEIN, JR w o � ; I DB 574, PG 72 i ZONED: RA USE: RES. - f5 AC. Z� I o � I o 75.00' N 63053'01 " W O 73.26' N 2610659" E z ti � v W � a w o � o EL o s/s "IRFAT S 650 E-0.60' Sys "IRF C 1 % "IRF C-2 FROM R. 0. W. LEGEND AGR = AGRICULTURE RES = RESIDENTIAL R. 0. W. = RIGHT OF WAY O = PROPERTY CORNER FOUND ROUTE 11 - MARTINSBURG PIKE 1750' TO RT 671 80' R. 0. W. CEDAR HILL RD. CURVE TABLE 200' 0' 200' GRAPHIC SCALE # RADIUS LENGTH DELTA TANGENT BEARING CHORD C-1 11 499.16 1 150,042' 1 00044' 51 " 1 75.02' 1 S 26048'05" W 150.04' C-2 11 499.16 1 400.513' 1 01 ° 59' 44" 1 200,28' 1 S 28°IO'23" W 400.49' NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN APRIL OF 2005. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557, 3, A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.1. R. M. COMMUNITY PANEL - No. 510063 0075 B - IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING. nei nr n�n��i /� 1 .-,i ,,, -,I ,Icvcn T,1 aCEA! n/ln0 DA0T1�TCl.JI✓fD �T 1�lCTOIIMFA/T /15/1/11/)d1d �, r; /—L/f% A ur rnn� a ✓-�n 1LJ YYAJ , ,YL LI/ I- vi n ✓ 1 1 FINAL PLAT OF ED A BOUNDARY SURVEY FOR THE LANDS OF R & -7 LAND DEVELOPMENT, LLC STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc.Winchester, VA 22603 GreyWolfelnc@aol. com Land Surveying and Consulting 540-545-7823 OFC 1 540-545-4001 FAX �_FILENO: 0119 JDATE: OCTOBER 3, 2005 1 SCALE: 1 " = 2371 SHEET 1 OF 1:J • LJ FO%IM 6lBM COTM A PAT3W P.C. AKOnWr at Law WkWb8"r, VhVID a 05ou0281s- C:) C 0 'I'MS DEED, made this 9th day of February, 2005, by and between Liola I POROUS (formerly Linda J. Belford), of the one part, hereinafter called the Grantor, and R & .1 LAID a Virginia limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH : That for and in consideration of the sum of Ten Dollars (S 10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does grunt, bargain, sell, and convey, with General Warranty of Title, unto the Grantee, in fee simple, the following described real estate, to -wit: All of that certain tract or parcel of land, with improvements and appurtenances thereunto belonging, hying and being situate on the west side of U.S. Highway 11, near C'learbrook in Stonewall Magisterial District, Frederick County, Virginia, containing 2.608 acres, more or less, and more particularly described by survey of H. Bruce Edens, C.L.S., dated October 13, 1983, attached to the hereinafter referenced deed; and being the same property conveyed to Linda J. Belford (now Linda J. Vorous) by deed, dated March 15,1984. from Ray E. Belford and Linda J. Belford, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 573, at Page 652. (TIN: 33-A-122-A) Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to any and all casements, rights of way, restrictions, and reservations contained indaly reca+ded deeds, plats, and other instruments constituting constructive notice m the chain of title, which have not expirW by a time limitation contained therein or have otherwise become ineffective, and to maners visible upon inspection. WITNESS the following signature and seal: //� , i.. _..� / r► /../ 4 H • C� FOWLER, GRIFFIN, COYNE,COYNE, & PATTON, P.C. Attorneys at Law Winchester, Virginia 030022368 CD V W THIS THIS DEED, made and dated this 29th day of _s ,6 (}03, between JUNIOR L. POMER, party of the first part, hereinafter called the Grantor, and JEFFREY G. JENKINS and ROSANNA M. JENKINS, husband and wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does grant with General Warranty and English Covenants of Title, unto the Grantees, as tenants by the entirety with survivorship as at common law, together with the improvements thereon and the appurtenances thereunto belonging, the following described real estate, to -wit: All of that certain tract or parcel of land, together with improvements thereon and the appurtenances thereunto belonging, in Stonewall District, Frederick County, Virginia, north of Winchester on U.S. Route 11, containing 36.72 acres, more or less; and being the same property conveyed to Junior L. Domer by deed, dted December 6, 1998, from Charles H. Harbaugh, Jr., et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 700, at Page 218. (TIN: 33-A-123) Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to any and all easements, rights of way, restrictions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive noticein the chain of title, which have not expired by a time limitation contained therein or have otherwise become ineffective, and to matters visible upon inspection. 0 0 FOWLER, GRIFFIN, COYNE, COYNE, & PATrON, P.C. Attorneys at Law Winchester, Virginia I WITNESS the following signature and seal: (SEAL) /"IOR L. DOMER COMMONWEALTH OF VIRGINIA, AT LARGE, =""'ountyof Seri� to -wit: The foregoing instrument was acknowledged before me this 29kh d'U_ of September, 2003, by Junior L. Domer. _ My commission expires C).96 0/0 Ll Notary Public' + - se .tj�L•1��• Tr_­b%:,! W-e"t Ci %vtitino r- a5 produc A to me on at PN1 :a;;l r�1th ce t:f:.tte of aCtrtov,tedgcn:cnt thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of !L Band 58.1-801 have been paid, if assessable 4e-4 4-4;0t_v. Clerk 2 .. . _. ._• - .._ Date: �2/08/06 COUNTY OF FREDERIC.K- Time: 10:28:09 CONNIE J. OATS � 000027940 '4P-vust.Transactions: Trans. Type: PAY Dept/Bill#: RE2005 00361420001 P/I Date: 2/08/2006 2/08/2006 Name: R & J LAND DEVELOPMENT LLC Bill Date: 6/06/2005 Half: 1 Name 2: Address: Map#: 33 A 122A 1631 REDBUD RD WINCHESTER, VA Zip: 22603 - 4763 Desc: 2.61 ACRES MMMMMDDSSLLLLSS Acreage: 2.61 Dist/Cls 05 / 01 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Land: $t2,300 improve: Original Bill: $641.03 Credits: ............................................ Status: $171,900 Use: $0 $641.03 Discount: $.00 .................................. Date Type Drawer Trans# Check Number Trans. Amount Balance 6/06/2005 CHG $641.03 $641.03 5/04/2005 PAY LKH 5880 BOC 483 $641.03CR $.00 F3=Exit F13=Comments/Value/Refund Reason FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due • Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOrndoff�cPco. frederick.va.us For Tax Information & Online Payme>♦ WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full and correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature Date:. 2 /08/06 COUNTY OF FREDERII-m& Time: 10:28:19 CONNIE J. OAI'qn a� 0000279407"Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2005 00361420002 P/I Date: 2/08/2006 2/08/2006 Name: R & J LAND DEVELOPMENT, LLC Bill Date: 12/06/2005 Half: 2 Name 2: Address: Map#: 33 A 122A 1631 REDBUD RD WINCHESTER, VA Zip: 22603 - 4763 Desc: 2.61 ACRES Land: Original Bill: .................. MMMMMDDSSLLLLSS Acreage: 2.61 Dist/Cls 05 / 02 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: $72,300 Improve: $171,900 Use: $0 $641.02 Credits: $641.02 Discount: $.00 ........................................................... Date Type Drawer Trans# Check Number Trans. Amount 12/06/2005 CHG $641.02 11/04/2005 PAY CJO 6779 BOC 442 $641.02CR 11/04/2005 ABA SRD 1228 $149.10CR 11/10/2005 PAY LJT 12191 FRED CK# 43633 $149.10 Balance $641.02 $.00 $149.1OCR $.00 F3=Exit F13=Comments/Value/Refund Reason FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. I Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due is Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOrndoffgco. frederick.va.us For Tax Information & Online Paymem WWW.CO.FREDERICK.VA.US MW Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, ful; and correct to the best of my knowledge and belief. Used 50% for Business Yes _ No Signature Signature w Date-.2/08/06 COUNTY OF FREDERIG& Time: 10:12:52 CONNIE J. OA'I�` 000006505'40C�ust.Transactions: Trans. Type: PAY Dept/Bill#: RE2005 00167100001 P/I Date: 2/08/2006 2/08/2006 Name: JENKINS JEFFREY G & ROSANNA M Bill Date: 6/06/2005 Half: 1 Name 2: Address: Map#: 33 A 123 1631 REDBUD RD WINCHESTER, VA Zip: 22603 - 4763 Desc: 36.72 ACRES Land: $263,200 Original Bill: $758.37 ............................ MMMMMDDSSLLLLSS Acreage: 36.72 Dist/Cls 05 / 01 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: _ Improve: $25,700 Credits: $758.37 .......................... Use: $0 Discount: $.00 ....................... Date Type Drawer Trans# Check Number Trans. Amount Balance 6/06/2005 CHG $758.37 $758.37 5/11/2005 ABA SRD 1211 $67.47CR $690.90 5/18/2005 PAY CJO 6909 BOC 487 $690.90CR $.00 F3=Exit F13=Comments/Value/Refund Reason FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due • Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOrndoff@co.fi-ederick.va.us For Tax Information & Online Payme' WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. ...................................... FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, ful! and correct to the best of my knowledge and belief. i Used 50% for Business Yes ___,,No Signature Signature Date: 2/08/06 COUNTY OF FREDERI.G.K Time: 10:13:05 CONNIE J. OAIMS 000006505'"Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE2005 00167100002 P/I Date: 2/08/2006 2/08/2006 Name: R & J LAND DEVELOPMENT, LLC Bill Date: 12/06/2005 Half: 2 Name 2. Address: 1631 REDBUD RD WINCHESTER, VA Zip: 22603 - 4763 Desc: 8.31 ACRES Land: Original Bill: .............. Map#: 33 A 123 MMMMMDDSSLLLLSS Acreage: 36.72 Dist/Cls 05 / 02 Mortg.Co.: SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: _ $263,200 Improve: $25,700 $758.36 Credits: $758.36 ........................................ Use: $0 Discount: $.00 ....................... Date Type Drawer Trans# Check Number Trans. Amount Balance 12/06/2005 CHG $758.36 $758.36 5/11/2005 ABA SRD 1212 $67.46CR $690.90 11/04/2005 PAY CJO 6782 BOC 445 $690.90CR $.00 F3=Exit F13=Comments/Value/Refund Reason FREDERICK COUNTY TREASURER 107 NORTH KENT STREET SUITE 100 DATES TO REMEMBER Jan. 2 Vehicle decals go on sale Jan. 31 Dog tags due for renewal Feb. 15 Vehicle decals to be displayed Mar. 1 Business Equipment/License Must be filed Apr. 1 Business License fee due June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. 1 Dog tags go on sale Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address l30rndoff@co.frederick.va.us For Tax Information & Online Paymeoft WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. • ► ■ � t � r � � t • ► ► M Y � i ■ t � V i �l • ► t � � Y • • � t � i i r t FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full amd correct to the best of my knowledge and belief. Used 50% for Business Yes No Signature Signature t TO: FROM: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM Finance Department Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 27, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Jeff & Rosanna Jenkins. They had a deposit for one Rezoning #01-06 sign. Mr. Jenkins has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Jeff Jenkins Rosanna Jenkins 1631 Red Bud Rd Winchester, VA 22603 RSA/pd &:x 2,1mloc.o 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 i FREDERICK COUNTYX R E C E I P T Ticket #:00005260001 C. WILLIAM ORNDOFF, JR Date 2/09/2006 P.O. BOX 225 Register: BCC/BC Trans. #: 52839 WINCHESTER VA 22604-0225 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 i Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Cash25.00 Check BALANCE DUE INCLUDES PENALTY/INTEREST THRU THEMONTH5039200 # VARIOUS / 006 February 24, 2006 Ms Susan Eddy, I am forwarding the original copies of letters for our rezoning of Clearbrook Property. If you have any questions please feel free to call me. 540-667-3092 Since Ros a Zkins .i HMC LP, LLP 920 Hopewell Road Clearbrook, VA 22624 To Whom It May Concern: I have reviewed and understand the rezoning application as presented to Frederick County by Jeff and Rose Jenkins called "Clearbrook Business Center". I am supportive of their proffered application and looked forward to new businesses in the Clearbrook area. Than ou Jo D. Cline M. Harris Stein, Jr. 3 599 Martinsburg Pike Clear Brook, VA 22624 Jeff Jenkins & To Whom It May Concern Pine Knoll Construction 210 Ebert Rd. Winchester, VA 22603 RE: Rezoning of property at Clear Brook Mr. Jenkins: I do not object to the rezoning of your property that is north ,and west of our property. I tentatively approve this rezoning on the condition that a berm be created with three rows of trees along the entire property lines separating our properties. This is to be done before you sell, lease, build or move your equipment permanently onto your property. If some of the trees die, then you need to replace them. If you sell this property, the new owner would be required to maintain the berm and treeline. Yours truly, 11H ;A174.6 , r", Ct�vC-�2a/ r F� AW O - 8c ti"ic A,v �y /A N lD A ,b� 5 /,v s s C _ J Aq ck) e �A c) Te Tli 2� zoo � �5 • 0 AMERICAII 1+IEDICAL EQUIPr4EyT & SERVICE 704 center Street Herndon, VA 2.0170 703-471-0801 Feb.24, 2006 CO"nty of Frederick Department of Flannincf and Develcpment 107 North Kent Street Winchester, ',TA .22501-5000 Attn: Susan K. Eddy Re: Rezoning application 401-06 Dear Ms. Eddy I am the adjacent property owner alone the north side of the tract subject to this application. I want to go on record as being wholeheartedly in favor of the change of zoning as indicated in said application Sincerely, Mo vahidi F E 9 2 R 2006 r Com� j]al`Fw ICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 January 30, 2006 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603-4757 RE: Proposed Rezoning of Clearbrook Business Center Dear Gary: Attached you will find review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of the Clearbrook Business Center. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 CK Department of Planning 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Robert T. Mitchell, Esquire CC: Johri R. Riley, Jr., County Administrator FROM: Susan K. Eddy, AICP, Senior Planner �{�E RE: Rezoning Application Proffer Statement DATE: December 8, 2005 Please find attached to this memorandum the proffer statement for the Clearbrook Business Center rezoning application that has recently been submitted to the Office of Plamling & Development. The rezoning application appears to be relatively close to being complete. Therefore, it is appropriate at this time for your office to provide a formal comment on the form and content of the Proffer Statement. Thank you for your continued assistance. SKE/bad Attaclunent 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CLEABROOK BUSINESS CENTER REZONING REQUEST PROFFER TAX PARCELS 33-(A)-122A & 33-(A)-123 R & J LAND DEVELOPMENT, L.L.C. Stonewall Magisterial District Frederick County, Virginia 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 zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-_ for rezoning of 16.886-acres from the RA District to Industrial Transition (B-3) District. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such teens and conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development, LLC, from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Donner as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. A. On -Site and Off -site Improvements 1. Transportation a. Access i. Direct Access to Martinsburg Pike (US Route 11) will be provided by one commercial entrance to provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Turn lane i. The applicant hereby proffers to install a left -turn lane for the entrance per VDOT Road Design Manual. This will be built prior to applying for and obtaining any occupancy permits. c. Signalization The applicant, R & J Land Development, LLC, hereby proffers to contribute a prorated share of cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). This agency will also determine when this improvement will be warranted. The applicant shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT based upon the projected traffic volume generated by the subject site at the time of site plan submission for development. d. Right of Way Dedication i. The applicant hereby proffers to the Commonwealth of Virginia and additional ten feet (10') of land to the Martinsburg Pike (Route 11) Right of Way. The dedication will take place prior to site plan approval. 2. Monetary Contributions a. In recognition of the increased demand on public services, the applicant hereby offers the following cash contributions to be paid at the time of building occupancy permits. The applicant hereby voluntarily proffers a cash contribution directly to the Clear Brook Fire & Rescue Department the following amount: $0.05 per building square foot ii. The applicant hereby voluntarily proffers a cash contribution to the Treasurer of Frederick County, Virginia, the following amount: $0.05 per building square foot 3. The applicant hereby voluntarily prohibits the following uses from existing on the subject properties: a. "Truck Stops -Retail" as noted in SIC 5541. The applicant further stipulates that not more twelve (12) fuel pumps per business will be located on the subject property. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: R & J Land Development, LLC Date Dat Commonwealth of Virginia, City/DountyfKA To Wit: The foregoing instrument was acknowledged before me this /L day of A, 2006 1✓�� O) My Commission Expires � (� Notary Public COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 8, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-06 FOR CLEARBROOK BUSINESS CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 22, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 901-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers 33-A-122A and 33-A-123. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, . 4.4 Cuo T, Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 0 from the Department of Planning and Development, Frederick County, Virginia: 33 - A- - 122-A 33 - A- - 123-A R & LAND DEVELOPMENT, LLC OPEN DOOR BAPTIST CHURCH 2587 NORTHWESTERN PIKE 1631 REDBUD RD WINCHESTER, VA 22603-3820 WINCHESTER,VA 22603 U/ �� Yv 33 - A- - 124- BLAIN, BRADLEY K GreyWolfe, Inc. 1073 Redbud Rd. 35 FLATT RD ROCHESTER, NY 14623.2511 Winchester, VA 22603 33 - A- - 124-D STRONKO, FREDERICK A & UN H 33 - A- - 114-A 3656 MARTINSBURG PIKE MSD INVESTMENTS, LLC CLEARBROOK, VA. 22624.1545 151 HARVEST RIDGE DR WINCHESTER, VA 22601 33 - A- - 125- VAHIDI, MOHEBATULLAH 33 - A- - 114-B HMC, LP, LLP 794 CENTER ST HERNDON, VA 20170-4664 920 HOPEWELL RD CLEARBROOK, VA 22624-1784 33 -A- -121- DEVERS,BARBARA W PO BOX 212 CLEARBROOK, VA 22624.0212 33 - A- - 122- / STEIN, M. HARRIS JR. Susan K. Eddy, Senior Planner PO BOX 114 STEPHENSON, VA. 22656-0114 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do Ideby certify that Susa61K. Eddy, Senor Planner for the r7o ent of Planning and Development, whose name is signed to the foregoing, dated De , has personally appeared before me and acknowledged the same in my Sta e aid County aforesaid. Given under my hand this day of My commission expires on _J,�b NOTARY P&BLIC dk llve&S C9'-�72' Adjoining Property Owners Rezoning 46TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of labels by 113 III TH —KS! 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. Name and Property Identification Number Address Name MSD Investments, LLC 111 Hickory Hill Stephens City, VA 22655 Property # 33-(A)-114A "/ Name HMC, LP, LLP 920 Hopewell Road Clearbrook, VA 22624 Property # 33-(A)-114B l Name Barbara Devers P.O. Box 212 Clearbrook, VA 22624 Property # 33-(A)-121 Name M. Harris Stein, Jr P.O. Box 114 Clearbrook, VA 22624 Property # 33-(A)-122 Name Open Door Baptist Ch ch c/o Pastor Ken Smith 2587 Northwestern Pike Winchester, VA 22603 Property # 33-(A)-123A Name Bradley K. Blaine 35 Flatt Road Rochester, NY 14623 Property # 33-(A)-124 Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property # 33-(A)-124D '� Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property # 33-(A)-125 Name Properly # 15 a, Ae< Q' � Apo of FREDERICK Department of Planning and Development 540/665-5651 NOTIFICATION OF PUBLIC HEARING February 15, 2006 TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 1, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following Rezoning #01-06 of Clearbrook Business Center, submitted by GreyWolfe, Inc., to rezone 16.886 acres from RA (Rural Areas) District to B3 (Industrial Transition) District with proffers. The property is located on the west side of Route 11, approximately 2,000' north of Hopewell Road (Route 672), in the Stonewall Magisterial District, and is identified by Property Identification Numbers 33-A-122A and Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Susan K. Eddy 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify, that the attached correspondence was mailed to the following on -,2 /j` cJ from the Department of Planning and Development, Frederick County, Virginia: 33 - A- - 122-A R & J LAND DEVELOPMENT, LLC 1631 REDBUD RD WINCHESTER, VA 22603 GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603 0 pet-( 33 - A- - 114-A MSD INVESTMENTS, LLC 151 HARVEST RIDGE DR WINCHESTER, VA 22601 33 - A- - 123-A OPEN DOOR BAPTIST CHURCH 2587 NORTHWESTERN PIKE WINCHESTER, VA 22603-3820 �WA)(Zk 33 - A- - 124- BLAIN, BRADLEY K 35 FLATT RD ROCHESTER, NY 14623.2511 33 - A- - 124-D STRONKO, FREDERICK A & UN H 3656 MARTINSBURG PIKE CLEARBROOK, VA. 22624.1545 33 - A- - 125- VAHIDI, MOHEBATULLAH 33 - A- - 114-B HMC, LP, LLP 794 CENTER ST HERNDON, VA 20170.4664 920 HOPEWELL RD CLEARBROOK, VA 22624.1784 33 - A- - 121- DEVERS, BARBARA W PO BOX 212 CLEARBROOK, VA 22624.0212 33 - A- - 122- STEIN, M. HARRIS JR. Susan K. Eddy, Senior Planner PO BOX 114 STEPHENSON, VA. 22656.0114 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 7 I, , a Notary Public in and for the State and County aforesaid, do reby certify that Susa K. Eddy, Senor Planner for the epa tment of Planning and Development, whose name is signed to the foregoing, dated /S , has personally appeared before me and acknowledged the same in my tate nd County aforesaid. Given under my hand this day of My commission expires on ` ✓ fr ` OTARY P LIC 0 46u Adjoining Property Owners Rezoning OTO.BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by d(o THAIKS! H, 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. Name and Property Identification Number Address Name MSD Investments, LLC 111 Hickory Hill Stephens City, VA 22655 Property # 33-(A)-114A Name HMC, LP, LLP 920 Hopewell Road Clearbrook, VA 22624 Property # 33-(A)-114B Name Barbara Devers P.O. Box 212 Clearbrook, VA 22624 Property # 33-(A)-121 Name M. Harris Stein, Jr P.O. Box 114 Clearbrook, VA 22624 Property # 33-(A)-122 Name Open Door Baptist Church c/o Pastor Ken Smith 2587 Northwestern Pike Property # 33-(A)-123A Winchester, VA 22603 Name Bradley K. Blaine 35 Flatt Road Rochester, NY 14623 Property # 33-(A)-124 Name Frederick A. & Un H. Stronko 3656 Martinsburg Pike Clearbrook, VA 22624 Property # 33-(A)-124D Name MOHEBATULLAH VAHIDI 794 Center Street Herndon, VA 20170 Property # 33-(A)-125 Name Property # 33-A-<(3 15 33-A- Ili c. REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEms-"l/. FREDERICK COUNTY, VERGINU GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 12,410L REQUESTED COMPLETION DATE: Department, Agency, Or COmPanT-- MaiHng and/or BMing Address: Telephone: E-mail Address: ESTE,AATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i L A-/?3 DIGITAL: PAPER: FAX: SIZES: COLOR. BLACK/WHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYNI : FAX: PJ�x) S /Aa 4 NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick Count), GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) r • Document Approval Form 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. INITIALS DATE & TIME Candice Bernie Mark Cusan 2 G Eric Mike Kevin John COMMENTS: a S -, W Pr o �— rIT Cyr Received by Clerical Staff (Date & Time):