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019-06 Seefried Property - 27.24 MH1-M1, 48.77 RA-MI - Stonewall - Backfile
0 •cc o 0 N L � Q o a:U 0 ) e Y Q N > Q O (/J IIjjlI 1 U U � U to N kr) II'�I�I N U i wa�3C) �n RECEIVED FROM '-� ADDRESS JFOR RENT JFOR _ DATE 11 / I yl o(v n NO. 9284 1_ c,' AMT. 71)1 CASH ACCO AMT. P t- CHECK I 0810 1 BALANCE MONEY DUE 1. 1 ORDER DOLLARS $ 104tP50•Co— t ,544 -A- q-1-7-- BY��2sz-C� REZONING TRACKING SHCET Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis Taxes Paid Statement Adjoiner list Impact Model Run DATE &LO 6 Application received/file opened Reference manual updated/number assigned a ` D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing c4oi�-flx- One 414" )k 11" block and A ,:+o location map ordered from Mapping / 4 • p U ,p, A File given to office manager to update Application Action Summary PC public hearing date ACTION: , 1 BOS public hearing date ACTION: Signed -copy -of resolution foramendmentof ordinance, 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.) Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) L 1�G{c File given to Mapping/GIS to update zoning map Z /7 Zoning map amended U \Card\Common\tracki ng. rez Remed 05/09/02 I December* 14, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING 919-06, SEEFRIED PROPERTY Dear Patrick: Dep ERICK and Development 540/665-5651 FAX: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 13, 2006. The above -referenced application was approved to rezone 27.24 acres from MH1 (Mobile Home Cormnunity) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M1 District, totaling 75.38 acres, for industrial land uses. The subject properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), and are identified with Property Identification Numbers 54-A-89 and a portion of 54-A-91 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, Candice E. Perkins Planner II CEP/bad Attaclunent cc: William J. Lockhart, Et Als, 1345 Baker Lane, Winchester, VA 22603 Charles S. DeHaven, Jr., Stonewall District Supervisor John H. Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION #19-06 SEEFRIED PROPERTY Staff Report for the Board of Supervisors Prepared: December 7, 2006 Staff Contact: Candice E. Perkins, Planner II 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: 12/06/06 Recommended Approval Board of Supervisors: 12/13/06 Pending PROPOSAL: To rezone 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M1 District, totaling 75.38 acres with proffers for industrial land uses. LOCATION: The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobil Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-89 and a portion of 54-A-91 PROPERTY ZONING: MH-1 (Mobile Home Community) & RA (Rural Areas) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Fort Collier Industrial Park South: MH-1 (Mobile Home Community) Use: Arcadia Mobile Home Park RP (Residential Performance) Use: Battleview Estates Subdivisions East: N/A Use: Interstate 81 RA (Rural Areas) Use: Residential West: M1 (Light Industrial) Use: Fort Collier Industrial Park Rezoning # 19-06 — Seefried Property December 7, 2006 Page 2 PROPOSED USES: Industrial land uses REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1328, 1322, 1320, 1323, 1200 and 11. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Seefried Rezoning Application dated October 3, 2006, revised December 5, 2006 addresses transportation concerns associated with this request. VDOT strongly recommends and encourages the developer to pursue access fi•om the proposed rezoned property to Route 1323 via the Winchester Pasta Property. 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. Fire Marshal: Plans approved as submitted. Public Works Department: Impact Analysis Statement: Provide individual detailed discussions related to the site drainage, environmental features (wetlands, karst geology, etc.) and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. Impact Analysis — Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress/egress to accommodate truck traffic. When this point of ingress/egress has been achieved, we recommend that the existing 50- foot access easement across the jail property be vacated. Refer to page 2 of 5 Proffer Statement: We concur with the applicant's offer to construct a stormwater management pond using an impervious liner to avoid groundwater impacts. We would further recommend that a synthetic liner be used because of the potential for sinkhole development which occurred in the adjacent pasta plan stormwater basis. The geotechnical analysis should include geophysical methods to accurately evaluate and locate potential subsurface voids. The analysis should be extended to the area or areas proposed for stormwater management ponds. Frederick County Sanitation Authority: We have the water and sewer capacity and will be able to provide service to this site. Frederick -Winchester Service Authority: No comments. Frederick -Winchester Health Department: Health Department has no objection to the rezoning request. Facilities to be served by public water and sewer. Rezoning #19-06 — Seeftied Property December 7, 2006 Page 3 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 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 identify a core battlefield within this area, but further research displays that this parcel has lost its integrity with respect to historic value. Department of Parks & Recreation: No comment. Winchester Regional Airport: The applicant has not provided comments from the Airporl. 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 populations upon build -out. Frederick County Attorney: (Based on November 2006 Proffef) It is my opinion that the proposed Proffer Statement is generally in a form to met the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supercede all other proffers that may have been made prior hereto". If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial". 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties", is unnecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator". 5. In Proffers 2.4 and 2.5, reference is made to a "future access road". Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als". This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of 5) by one person on behalf of "William J. Lockhart, et als". The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is an Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart dies intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient power of attorney for a person to sign these documents on behalf of one or more of the owners. It should be Rezoning # 19-06 — Seefried Property December 7, 2006 Page 4 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. Planninjz Department: Please see attached letter dated November 15, 2006from Candice E. Perkins, Planner IL PlanninjZ & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies all of 54-A-89 as being zoned A-2 (Agricultural General) and 54-A-89 as being zoned split zoned A-2 and MH-1 (Mobile Home Community). With rezoning #14-83 the remainder of 54-A-89 was rezoned from A-2 to MH-1. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of parcel 54-A-89 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 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). It is not within the limits of any small area land use plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property with a residential designation and the remainder with no designation. The residential designation reflects the existing MH-1 zoning of the site and its proximity to the existing Arcadia Mobile Home Park. The request to M-1 for this site could be consistent with the existing use in the area because the majority of the site is surrounded by the existing Fort Collier Industrial Park and Interstate 81. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning application does not provide for this minimum Level of Service. • 0 Rezoning # 19-06 — Seefried Property December 7, 2006 Page 5 This proposal calls for up to 1,000,000 square feet of industrial uses on the site, which has the potential for 5,708 average daily trips. It is noted in the applicant's impact analysis that if the MI I-1 portion of the site were to develop with a by right mobile home park, it has the potential for 1,044 average daily trips. Site Access The proposed development would be accessed off of a new easement that the applicant has stated they have obtained through the Winchester Pasta Site which would provide the development with access to Brooke Road. This proposed new easement has not been provided to or reviewed by staff but the proffers have been revised to state that the project entrance ivill be on Brooke Road instead of the easement through the Frederick County Animal Sheller property. The applicant stated at the December 6, 2006 Planning Commission meeting that they would vacate the easement through the shelter property. 3) Site Suitability/Environment It does not appear that the site contains any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes. A small area of floodplains identified on the northern tip of this property. This will need to be further addressed at the MDP stage and a wetlands delineation study will be required as well. The General Soils Map of the Soil Survey of Frederick County, Vir inia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento-Oaklet soil association, which is the predominant association on land located along the I-81 corridor in the Winchester vicinity. 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning does not provide that minimum Level of Service. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. As only accessory office will be allowed with this development, the worst case scenario (industrial use) was modeled with this application. The TIA did not include all relevant background information, notably the low background for Rutherford Farm Industrial Park. The Conclusions from the Transportation Impact Analysis (TIA) state that the following are required: • Route 11 / Welltown Road: an additional eastbound left -turn lane, northbound left turn lane and two (2) sorthbound left -turn lanes will be required to maintain an Rezoning # 19-06 — Seefried Property December 7, 2006 Page 6 overall level of service "D" or better during 2010 background and build -out conditions. Staff Note: It is noted that the identified improvements fail to improve the intersection above a level of service D. This improvement has not been proffered by the applicant. • Route 11 / Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during build -out conditions. Staff Note: Proffer 3.1 provides a lump sum of $400,000 to be used for road improvements. Actual construction of turn lanes has not addressed by the applicant. • Route 7 / Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. Staff Note: It is noted that the identified improvements fail to improve the intersection above a level of service D. This improvement has not been proffered by the applicant. Brooke Road / Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right turn -lane (should be westbound left -turn lane) would be required for Scenario #B during 2010 build -out conditions. Staff Note: Proffer 3.1 provides a lump sum of $400,000 to be used for road improvements. Actual construction of the signal and turn lanes has not been addressed by the applicant. It is noted that the TIA conclusion states that only a level service ofD will be provided even with the proposed improvements; thisfails to meet the standard minimum level of service of C. Staff Note: Street 13 of the TIA shows the 2010 Build -out lane geometry and levels of service. Scenario A and Bare shown on this page. Both of the scenat•ios show all of the necessary improvements but many of these are not beingproffered. A detail of the lane geometry as it would stand if this rezoning were to be approved with the proffers the applicant has actually committed to has not been provided and it unclear what the level of service is going to be after 2010 build -out. • Site Driveway #A / Fort Collier Road: Traffic signalization along with westbound left and right turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. Staff Note: The use of site driveway A has been excluded from the proffers. The applicant has proffered to use site driveway B. • Site Driveway #B / Brooke Road: A northbound right turn -lane would be required to maintain overall intersection of service "D" or better during 2010 build -out conditions for Scenario #B. Rezoning # 19-06 — Seeffied Property December 7, 2006 Page 7 Staff Note: Proffer 3.3 guarantees that this improvement will be provided but it will only obtain a level of service D. B. Sewer and Water Sewage from this site will discharge in to the existing Red Bud Run regional pump station before transmission to the Opequon Wastewater Reclamation Facility. Using a standard rate of 30 gallons per day/employee at 10 employees/acre of industrial property, it is projected that the proposed development will produce 23,250 gallons of sewer per day. This wastewater pumping station is currently under improvement by the FCSA. Water service will be provided by looping from the existing 12 inch line located along the western property boundary. Water consumption for the property will be roughly equivalent to the projected sewage generation of 23,250 gallons per day. 5) Proffer Statement — Dated October 3, 2006, Revised November 9, 2006, November 30,2006 and December 5, 2006 1. Monetary Contribution • $15,000 for fire and rescue • $3,000 for Sheriff's Office • $2,000 for general governmental purposes 2. Site Development • Development shall not exceed 1,000,000 square feet of gross floor area and office uses shall only be permitted as an accessory use to industrial uses • Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts • The future access road shall be built to VDOT standards and have a minimum pavement width of 26 feet. • Street trees located a maximum of 50 feet apart shall be provided on both sides of the fixture access road. • A geoteelmical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation • Within 120 days of rezoning approval, the applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. Staff Note: The applicant has not addressed the following transportation improvements called for in their TIA: 0 Route 11/Welltoum Road Improvements Rezoning # 19-06 — Seefried Property December 7, 2006 Page 8 • Westbound right -turn lane at the intersection ofRoute IlBrooke Road. (needed to maintain level of service Q. • Additional southbound left -turn lane and northbound left -turn lane at the Route 7/Fort Collier Intersection. (maintains only a level of service D) • Signalization of the Brooke Road/Fort Collier Road Intersection (maintains only a level of service D) • Southbound left -turn lane at the Brooke Road/Fort Collier Intersection for Scenario #B. Staff Note: It is noted that many of the improvements modeled in the applicants TIA will only result in a level of service D if the improvements were implemented and therefore fails to meet the required level of service C. As stated in proffer 3.1 the applicant is providing a bond in the amount of $400,000 for road improvements and the only actual road improvement the applicant is constructing themselves is the northbound right turn lane at the site driveway's intersection with Brooke Road as indicated in proffer 3.3. It would be up to the County and VDOT to utilize the funds for the construction of the necessary improvements. Generally it is the responsibility of the applicant to wholly construct and find their necessary road improvements. It is also unclear what the total amount necessauy for the signalization and turn lanes will amount to and whether the $400,000 will actually cover the improvements needed by this application. • A direct connection between the Property and Fort Collier Road shall be prohibited. • The project entrance will be located on Brook Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. Staff Note: Per the TIA conclusions, if Scenario #B is used a southbound left -turn lane and a westbound right turn -lane would be required for the intersection of Fort Collier Road and Brook Road in addition to the needed signalization and a northbound right turn lane on Brooke Road at the project entrance. While the applicant has addressed the northbound right turn lane at the project entrance the southbound left -turn lane and westbound right turn -lane at the Brooke Road/Fort Collier Road intersection have not been addressed STAFF CONCLUSIONS FOR 12/06/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate the transportation impacts associated with the proposal. Elements of the rezoning N Rezoning # 19-06 — Seefried Property December 7, 2006 Page 9 application have been identified that should be carefully evaluated to ensure that they frilly address the goals of the County. Specifically, the applicant should be mitigating the impacts identified in their TIA and the proffers should be worded to ensure that after two years have passed the developer is not released from all proffered transportation improvements. The applicant should be prepared to address theses issues. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/06/06 MEETING: The staff expressed concern that the applicant's projected TIA and mitigation efforts fell short of the County's LOS "C" expectations and reflected a LOS of D or below at some areas. The staff questioned whether the $400,000 proffered for road improvements was sufficient for the signalization and turn lanes necessary to implement the improvements identified in the applicants TIA. It was noted that construction of road improvements are typically the applicant's responsibility and that the only improvement the applicant is actually constructing is a turn lane at their site entrance and it is questionable whether the County could get other necessary off -site improvements not mentioned in the proffers. Staff also noted that while the land use proposed is generally consistent with the Comprehensive Policy Plan, the application fails to address and mitigate transportation impacts in the TIA and through proffers. Regarding the staff's comments concerning LOS issues, the applicant stated that this project will be a small percentage of the overall traffic in this area and by the Year 2010, many of these intersections will be at a LOS "E" and "F" even without this proposed project. The applicant stated that the $400,000 will improve the intersections directly around their site; however, it may also seed a grant application from the County and VDOT for potential industrial access hinds, possibly doubling the original amount to $850,000. In response to a Commissioner's question about the cap on square footage, the applicant replied that it was because of the transportation issues. Although the ITE produces 5,700 tpd in the M 1 Zone, the applicant said they have not experienced that amount in previous M 1-zoned projects; he said traffic from this site will be a third or less of that number. Because of the need for industrial use in the County, a Commission member suggested that the cap on square footage be removed and a signalization agreement be put in place at Brook Road and Fort Collier Road. The applicant stated they were in negotiations to purchase a cross easement for access out to Park Center Drive, which would alleviate the need for a signalization agreement at Brook Road and Fort Collier Road. Because of the different entrance alternatives, the applicant was uncertain what locations they should be putting the money into. The applicant noted that if the money was doubled with matching funds, improvements could be done in a number of different locations, depending on the need. Although concern was expressed among the Commission about the uncertainty of the background and build -out LOS, they did like the concept of the proposal to provide fiends directly to VDOT and allowing VDOT to determine where the service is needed, instead of the applicant committing to a specific intersection. The Commission also requested that the applicant provide language for a plat of extinguishment for the 50-foot right-of-way connection across the jail property to Fort Collier Road, if that connection would not be needed. Mr. Lloyd Ingram of VDOT stated that because of the 5,700 vehicle trips per day possible and the considerable background traffic, VDOT preferred the flexibility of the availability of fields rather than Rezoning # 19-06 — Seefi•ied Property December 7, 2006 Page 10 identifying specific locations for improvements. Mr. hlgram said VDOT was uncertain whether the amount would be sufficient or not, but they would pursue economic development funding. He commented that as the project develops, VDOT will have a better idea about the amount and geometry of traffic. Mr. Ingram favored the idea of accessing Park Center Drive, which would alleviate traffic going through Fort Collier. However, he did not think the connection would necessarily eliminate the need for a signal at the intersection of Brook and Fort Collier roads. Mr. John Bishop, the County's Transportation Planner believed the signalization agreement would probably be needed for the intersection of Brook Road and Fort Collier, without the Park Center connection, particularly because of the number of turning movements already occurring through the intersection. There were no public comments. Commission members said they would not be in favor of the project without the signalization agreement; they were interested in seeing the signalization agreement as well as the $400,000 contribution. A motion was made, seconded, and unanimously recommended to approve the rezoning with the suggested inclusion of a signalization agreement for the intersection of Brook Road and Fort Collier Road and eliminate the cap on the square footage for the project. (Note: Commissioners Morris, Light, and Ours were absent from the meeting.) 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. REZ 9 19 - Uh Illl's Frederick County, VA Location in the County Map Features Rezoning REZ # 19 - 06 Application Seefried Property Parcel ID: 54-A-89 54-A-91 0 Application Zoning sS LakeslPonds • 81 (Business, Neighborhood District) Streams • B2 (Business, General District) ^�. Topography (5' interval) • B3 (Business, Industrial Transition District) • Buildings • EM (Extractive Manufacturing District) Streets • HE (Higher Education District) Primary • Mt (Industrial, Light District) ^� Secondary M2 (Industrial, General District) '�. Terciary • MH1 (Mobile Home Community District) AGF Districts • MS (Medical Support District) South Frederick District 40 R4 (Residential, Planned Community District) • Double Church District • R5 (Residential Recreational Community District) • Red Bud District RAZ (Rural Area Zone) RP (Residential Performance District) Location in Stirrounding lkma 0 0 1-1 W N -'1 lk'alm, - - - .. , Rezoning REZ#19-06 Application Seefried Property Parcel ID: 54-A-89 Location in the Gounty 54 - A - 91 Map Features 0 Application Long Range Land Use 0 Lakes/Ponds Rural Community Center — Streams Residential '�-- Topography (5' interval) Business -M Buildings -' Industrial Streets _ Institutional 4%1, Primary Recreation Secondary Historic �. Terciary ® Mixed -Use AGF Districts ® Planned Unit Development • South Frederick District • Double Church District Red Bud District Location in Surrounding Area Q`Gt"� CO � y � © � p zoo 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed Uv Planning Staff _ ©o Fee Amount Paid Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Seefried Properties, Inc. Telephone: (703) 354.5511 Address: 5350 Shawnee Road, Suite 350 Alexandria, Virginia 22312 2. Property Owner (if different than above) Name: William J. Lockhart et als Address: 1345 Baker Lane Winchester, Virginia 22603 Telephone: (540) 662.0723 Name: Arcadia Mobile Park, Inc. Telephone: (540) 662.0723 Address: 1345 Baker Lane Winchester, Virginia 22603 3. Contact person(s) if other than above Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester, Virginia 22601 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 • 0 5. The Code of Virl4inia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the laud to be rezoned: - William J. Lockhart et als - Arcadia Mobile Park, Inc. 6. A) Current Use of the Property: B) Proposed Use of the Property: - Seefried Properties, Inc. Vacant/Wooded Industrial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The Property is located West of I-81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Ili 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Portions of tax map parcels 54-A-89 and 54-A-91 Magisterial: Fire Service: Rescue Service: Stonewall Round Hill Round Hill Districts High School: Middle School: Elementary School Millbrook James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 27.24 MH-1 M 1 48.77 RA Ml 76.0 Total acreage to be rezoned 2 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Plarming 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 2" d door of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Winchester Pasta, LLC P.O. Box 2080 Property #: 54-A-36J Winchester, VA 22604 Name: Fort Collier Group, LLC 6231 Leesburg Pike, Ste 600 Property#: 54-A-36N Falls Church, VA 22044 Name: Northwestern Regional Jail Authority 141 Fort Collier Road Property#: 54-A-92B Winchester, VA 22603 Name: Goodman, T. P. & Susan M. 707 N Commerce Ave Property#: 54-A-87A Front Royal, VA 22630 Name: Lockhart, Robert S. 1441 Baker Lane Property M 54-A-89B Winchester, VA 22603 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property#: 54-A-89C New Market, VA 22844 Name: Property#: Name: Property#: Name: Property #: Name: Property M Name: Property#: Name: Property#: Name: Property M Name: Propert #: 4 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 1,000,000 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. f�i Applicant(s) ��,v Date 3 i • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) William J. Lockhart (Phone) 540.662.0723 (Address)_ 1345 Baker Lane, Winchester, Virginia 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 934 on Page 658 Tax Map Parcel 54-A-89 Subdivision: do hereby make, constitute and appoint: and is described as (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 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 X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments 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 modified. ��� In witness thereof, I (we) have hereto set my (our) hand and seal this 1` day of AF011 . 200 �o , Signature(s State of Virginia, City o of UA—�CQ_iJ v ,To -wit: l A M A-t--� 7 f I C. ti P\ I 1 �V( 1 %(� � .a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this ��` day of IU�1�, , 200 �. My Conirnission Expires: ��� LcO OU Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Arcadia Mobile Park, LLC (Phone) 540.662.0723 (Address) 1345 Baker Lane, Winchester, Virginia 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 350 on Page 481 and is described as Tax Map Parcel 54-A-91 Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my tnle and lawful attorney -in -fact for and in my (our) name, place, and stead with fiill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments 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 modified. f In witness thereof, I (we) have hereto set my (our) hand and seal this f f� day of� 1 r 6-�, , 200 6 , Signature(s State of Virginia, City/ ounty f (/J i l eN C--�:k( ,To -wit: 1 i , _� o c }� �Z !� V r T , I, L % 16 le 'H a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this ` day offf0)/ ; 200 My Comnussion Expires: Notary Public 15:54 FAX 14355297996 ZIONS SALINA Nov 30 06 04:17p WILLIAM J. LOCIWT. A 540-6E*99 y p_2 L1/ Gof zuuY 1D� L7 �+� �w yv .ra• u ••"^• •' ""�' li�002 NOTARY PUBLIC Mt�i`CRARtI�-- - ` , 165 uYisc LAnin _ sal;n utte ane54 My C6 n fission-F�- r January 77, 2WT - °� • STATE OF UTAH LmaTED POWER OF ATTZWJgF-T iWOWAll.> EK-BY S; That L L . W, ksw+ - and appowsd. and by. ce:.pRsma �o _maloe. 06d O-PPoizA li%[ _#L� mm aDd - = j me -aria oamii. Pica emd stc+ j s4p&Aww dood o[ adsm dacuzaeclb and ppppve olwomaOCcds of sedcwiudy" io tha safe oraLatzmamis Prop"W dG6 l�c.Xlfo.r7' P,w/E�z7t' gills ambo w" and to EWA= sal neoepvla*y aa93�ts �f. •rid. dti - n.a �o ao a411a>�nttier . m•�+: •ea tlungs 1n sctaafen w eta cede nCt�id xea1 c+am as I mica or cnoW da >f actiW-p- sud I biescbv mm* aoon5-cs' 101-lwrf�2= sti do se by mW said woa ..T by vir= Lcn=f. Ibis li,�"-pawcr an dfsab",�tY etidle A�Ov- ffi vvrrr>sv �' °s c e m zvos. STATE OF 1 ��a otesY Rehiia ]��o and fboc tlsc S-We �Imj,fi,aoo �'famTL do b �T whnae nasae is 3ior,d to tb4S5]rs -ud n —..o ALtpspGy, dow ?.006 bw p aM=,d WSW mG MW "U ..7ed� lbre�ertt�7a�' ��"d �sdi can d _ CA.1Rdet�7��a---�� dial �__�u� �}� .�5• Niy PealSlie Dec 05 2006 1:32PM Brock Cabinet Inc. Dec- 01- 136 -10: 3a , --- --� - ----- - - -- --- 9104297625 • P-2 i ibdi3Sn POWWt OF AlefORNZY NONOw bdMM 1BYTIMSE P RESIO TS_ L 4. so, pC'K _}MPM-t6adm coed mod uProinftd. and by- 1931cse do globe, c0=1ftm =d s,-�°�a.�t�J;l�j�nt ��•oc1{N�.,r7 3'R my ttie god ftrmw-ad In —xm plow mod skmd,m-a aev--dwad-or othm 6oc:memft and sire _pro ecads Of XWe watt veto 2hc b.1m of QUA o b1fft d ,oY aid tmmdm ail .ea+p 1 � a q s +iad t�lr��of. VA1h MR oweerao. �fwrs 'a®s'/,arwr�i�.oa�tseij�fiOY� �r�sa� �' Ochs Awk4subab: ems, eamea wieAtagd real a moft as i might �c 0 14 its pmsoa�. aaa = =Ri6 and oo,eGa� an k..tal .off anoe p7 air ,.:d demo beaeat Thb EAMM"d pww w OfA me mr Abon mm 1 ca dm binty 0f the Z006 STATE ��*, . _ - 111-1 crrY �A _ - Y�f .N1L1J thoc7% Fi+a4i% jhv¢ tw Ibc Brats ad --•�' -`. dw- ftwwgoke Y yea POvfe .adA%Mft =f 3add - Q� }21X:t pucsonad4r ap;psstad bamg, sc sac .Qmdt acYaoftw1edgad; t1s same-aLmq tt c and jum"Lot on �s cu>:kr Boa i+.ad eieia dq ad ��'C L'P�t" -"' . Zao6. t 1, - WILLIAM J. LOCKHART, JR • 540-662-1799 oueilb94 P-2 11/24/2000 10:14 FAX 6i0 w 5176 Robert L- lanes III 3oaOw,J.L ummmlcw ANY e aoz $",vvrs: na.r ma pseftl do a 4uk co OPDiot 1-,.4 'm �at+s»id -Ind bl�r. am - T 4 Am"-- ¢lane and ate fo ai UU& and .ate. awe 4� 4pwl �ma and ��� -clank m � Bale of �t axbe ••..��� ' 09 t aA-A 0T Paler•• 17 y i�a'e"�.ioSbwpt sey, >nt, Wdr elf Musick ot>>4 maa� md$li�rr�t>ie ar and s >o eelafoe b 1, . -ale : ��o ��SO�soioaaj,, nyI y�b1t � � �aT,�.Ps�� oiA�Y a1sa11 rwc'�crma-ae os dec by a'T-aid -, darab:liZy of dac and_) _ J '�'7Z--dxy of boos. CSXALI STATE OP J�a'iadicppo aibccaid:_do ziw—dtoOka numaix 2a06 bw peao.�Yjr I-d bill nrr ae,d sc sforeaLl _ Svice and Given �a `odd- n M �/11��i 7006 >• aaen� � a � • - Notisypu . Z-d w-L-Z9}pyg -ERMA Gen Yhk&- wcasorc0o„0cj0 - W '12NHk00-1 •r Avl-,-(M 12/04/2006 1B 13 FAX 304645534E WILLIAM J.OKHART, A AMfRICAREDCROSSbULO 1� 001/001 I.1A r= POVEM OF A1TOitNEY %b— MOW oa odituic -mil appom V- t l a� oc� K TD la-fid mammy. tilt nx aad im oamr. place aadai Md-io sign A07 da*& ac avbw dam reoei,-- a�';soeeraAL le �olativ�e, eo 11w-" -of ghat cavim rop=b dwombood a� a '. toad Io =aloft all lc < N.f S4_A_yy thor . �+ssore�s.aad�sl�e,.aeatadao..imd.coaa�,u. and to do aA sncb Other onmY ,-nwM� mod lffgIP in -Lzd n ep tbp aV oC Ssi" anal mm v or coal& do If ♦" 1 bcleby MOP and confimmi an laenful acti done 7'ti vr� bcnxpL This Uasiaed =W_a= jpM an am ptiocdvai. .. 39 *b<A9Yod3e&e iae andymmltU d STAIR OF -F%dm1iw-iwApd for 1 eoirae�g�.Ktsym� siffiaod m tl.R`�-�--i� 1 {...c,�.t per, d���c�L���► 2006 his Pub aseae fa Trey Smw and viers a-d— wy b=„ dim "aw of 20M. D4I3r oaim�sioamcpiass - Crt.,�n� D �1 _ �2fY-Gi_ S--It----------------------- rQFHCWS4�_ fYS f � -srnr��s BiJC 2 2 CARkc", WiiLLIPS NOtiryPad�ic imf Habona7 Bank S •� -P 0.:BWA67 i Ro-�cel@no WYa87i L-- 2-7d �MM !TcBion Avss'1S- --i VC4 and by. Y mm aad meats and if. VAah all ribcaaaea; as I eaoght y arf said jily ar am StW =ad no—, is WILLIAM J. LOCKHART, JR 540-662-1799 • p.2 "jV V L LuwmED POWML-OF ATTORNEY M40W ALL MEN HY 713F-S"REgB -. That 1L. �?�'B�RT S acKNRRI' -tare madecomsdVased sad qppOinm ed. and by. These Pmm=ml do snake-cangfiu&ftanti OPPomR Ll�w4� 9ra. _ my tzve and lawfyl aavraey. fotncand -m eame place and st®d, to sign any deed oc._ other docametft ,=d receive axw m'salt: .. to -th= sale efthatcem propem ___-d�.a _ __ fir- Lo cKk.��r PK pt�Ty S�ail�ie+R7W ; and to maim all -mcs ep as-' ti—f, with -n �Y�w►acsamtiesasd laolmewledacrosddelr►crt3caatac; and to do mll such othm-U s, msoer: and If We Of maid rcal estate 30 1 might or coma do if eating pe soanliy, and i hereby taa&r and conf rni all la..afid act dune by my said 4=amey by vhTne-bmm*�is'i�mited Porv�:r of +'►1aersballstvt tsmimrtc diaabdliry of the WrrNESSt w-ihnnvAag:jSm=une and scat dija daYvf STATE OF- CITY/COUNTY CW V 4 �rj 3 I � ; ✓ /3'C �� j� a NdMr PubBc .in _ -d - err--?hc Srate and jx-i-Kg:dn be --by —tify that sgmed to the 6—going_L niftod Power of Attorney-d-ft-A � � `day of le-C F YY„y dt� 2006 has erne L cdgcd'i--ma ia-tssy--'Rftte and jutisdiation aforesaid_ Given u=5cx-aajrV—d lbu or- • 0 REZONING APPLICATION #19-06 SEEFRIED PROPERTY Staff Report for the Planning Commission Prepared: November 21, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Stuff 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: 12/06/06 Pending Board of Supervisors: 12/13/06 Pending PROPOSAL: To rezone 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.77 acres from RA (Rural Areas) District to M 1 District, totaling 76.01 acres with proffers for industrial land uses. LOCATION: The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobil Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-89 and a portion of 54-A-91 PROPERTY ZONING: MH-1 (Mobile Home Community) & RA (Rural Areas) PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Fort Collier Industrial Park South: MH-1 (Mobile Home Community) Use: Arcadia Mobile Home Park RP (Residential Performance) Use: Battleview Estates Subdivisions East: N/A Use: Interstate 81 RA (Rural Areas) Use: Residential West: Ml (Light Industrial) Use: Fort Collier Industrial Park Rezoning # 19-06 — Seefried Property November 21, 2006 Page 2 PROPOSED USES: Industrial land uses REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1322, 1328, 11 and 7. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is NOT satisfied that the transportation proffers offered in the Seefried Property rezoning application dated October 3, 2006 addresses transportation concerns associated with this request. The Traffic Impact Analysis supporting this rezoning request identified the following intersections as needing improvements to mitigate the additional traffic generated: Route 11/Welltown Road: An additional eastbound left -turn lane, northbound left -turn land and two southbound left -tram lanes will be required to maintain an overall intersection level of service "D" or better during 2010 background and build -out conditions. Route 11 / Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during 2010 build -out conditions. Route 7/Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. Brooke Road/Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right -turn lane would be required for Scenario #B during 2010 build -out conditions. Site Driveway #A/Fort Collier Road: Traffic signalization along the westbound left and right -turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. Site Drive #B/Brooke Road: A northbound right - turn lane would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for Scenario #B. The proffers do not address any offsite roadway improvements. 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 General Manual, Sixth 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 has not provided comments on the proffer statement revised on November 9, 2006. Fire Marshal: Plans approved as submitted. Public Works Department: Impact Analysis Statement: Provide individual detailed discussions related to the site drainage, environmental features (wetlands, karst geology, etc.) and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. Impact Analysis — Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress/egress to accommodate truck traffic. When this point of ingress/egress has been achieved, we recommend that the existing 50- foot access easement across the jail property be i-HW of Z-V uiO.IJ pguozaT SLm 68-V-tS JO 13NIULL10.1 0111 B-tI# ?uiuozo.i LjjlAA, '(XjIunLLILLiOD 3LLIOH oligoN) I-HW PLlu Z-V pouoz Bids pouoZ �?uigq sL 68-`j-tj pLIL (IL.'QuQD ju.mjinOi. i3V) Z-d pouoz 2uioq SL 68-V-ts jo llL solmuopi (0I�3uLTpuno .IOISOgOLIirn 'S'[)'S'n) duN Ouiuoz Xjun0D ?I uopai j Iuui2i o aLIZ O;s� li uiuoz aguiuuLld 11 .rauuvld `sutal.rad '9 aaipuvD zuo. 900Z `SI dagtuanojVpajvp d0jjdl payavjJv gas asvald :Iu0tuJ-Iu aq uiuuuld s.�a��o.rd aye uo pa�uaaucuoa /ou svy rCau.ro��l� rCluno� aye au.IoJjV uno3 jai.Iapa.Q 'Ino-plInq uodn suoijulndod IooLlos gill of jouduti ou oq llim o.Togj `2utuozaT aLll jo pud oq Ilim silun ILljuop!so.I ou SOIuIS lLLil pgpIAOTd uoilau.Iojul gill uo pgSLQ :sloogaS z)ilgnd A4unoD jaLlapa.Id /.iod.i.i ' oql Lrro. slual6rl6roo popl[lo.id lou sell IGUJallddl7 all,L :po a►V jt uo► aH .IajsayaulM juauiuioo ON mollea.Iaag 78 s3pud jo jualupu aQ 'onlLA oI.IOlsnl Ol loodsw LIIIm XjI.Ii?ajui Sji ISOI sal loo.ILd sell jall SXLIdSip LIo.ILOsoi .IOLIj.Ill3 jnq `La.IL slgl uigjim plaigaljluq am L �pjuopl Stop XgllLA LILOpLILLIOLIS OLij Lu SajIS JBAM IIAID J0 XpnjS 301A.I0S ?I.ILd ILLIOTTLIN OLij ILLII pOIOLI OSIL SLm jl 'XIILIIOIA OLIJ uI SjOI.IISip OITOISILI olq!ssod Xuu g.IOLll om, .iou saijiadOTd aLll uo polL00l sainjon.ils OLIOISILI juvoUILIOis ou a.Iu a.TQgj `X3A.InS sN.ILLLIpuu'I ILTn-d all oI 0LupT000d 'UV-dH gill Xq uoilBoilddL 2?uluoZO.l aLjJ JO MQIAa.i lau.IOj L olnpo,4os of kmss000u jou Si li pLIL soo.Inosa.I oi.IOlsiq joudLLli Xjjumijiui ?is jou soup IuSOdOTd gill jpgj S.moddu li `2?LuuozoT posodoid gill JO MQIAa.I uodn :p.IVog 0SIApV saaanosag maolsiH 'TaMos puL .iolLm olignd Xq paA.iaS oq of salll1lou j 'Isonboi �?uluoza.I gill Ol uoljoo�go ou SLLI juotuj.IL'daQ LIjILOH :juawpu a(l gllu;)H .Ia0aT)MAX-1o►.Iapa.Id SjLI2LLnuoo oN I.IOL{�n� aalA Ias .Ia�SaI�JUIM-�[al.Iapa.Id 'ajiS SILij Ol Q0IA.IaS apIAOTd of glgL oq Ipm puL Xj► vdto .lamas puL JOILM aLII aALg gM t.ioglnV uoi uj!ues Ajunoa 3jaiaapa Id 'Spuod juoLLIo&uB'Lu .IajLMLu.IOjS .IOJ posodo.id sua.IL .IO Lon gill Ol popuoixo oq pinotls SiSXILLIL gild, 'SpIOA aOLj.InsgnS jBiluolod olLOOI pLIL OILIIIILAO XIglu.In00L' Ol spOLlptu ILoisXgdOg� opnlOLli pInOLIS siSXILLIL luoiugoojog� gill 'SISuq .IgjumLLLIojs LIL'ld ujSLd juoou�pL gill ui pa.Lino00 LIoiLIM juaLudolaAap gIOLI-)ILIIS .IOj luiluolod gill Flo asnLooq posh oq jouil oijogju.�s L jBgj pu;)LLiuioog.i .IOLIITnj pInom gA� 'sloudun iojumpuno 'B PIOAL Oj TgLul SnolATgdLui uu OLnsn puod jLIowo2uuuLLl .mjuMLLuojs L jon.Ilsuoo Ol jojjo S,juBoilddu all Llllm .Inouoo gAA, :IugLuajLjS .IgJJO.ld s jo Z o2ud of .Ijo 'pglL'OLA � a�l;d 900Z ` I Z .mquian0tq ,l,j.md0.ld POLUDDS - 90-6 [ # &u!uOZa�j 0 Is Rezoning # 19-06 — Seefried Property November 21, 2006 Page 4 The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of parcel 54-A-89 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 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). It is not within the limits of any small area land use plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property with a residential designation and the remainder with no designation. The residential designation reflects the existing MH-1 zoning of the site and its proximity to the existing Arcadia Mobile Home Park. The request to M-1 for this site could be consistent with the existing use in the area because the majority of the site is surrounded by the existing Fort Collier Industrial Park and Interstate 81. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning application does not provide for this minimum Level of Service. This proposal calls for up to 1,000,000 square feet of industrial uses on the site, which has the potential for 5,708 average daily trips. It is noted in the applicant's impact analysis that if the MH-1 portion of the site were to develop with a by right mobile home park, it has the potential for 1,044 average daily trips. Site Access As indicated in the applicant's Impact Analysis Statement under the Access and Transportation section, the proposed entrance into this project has not been determined. There are currently two alternatives indicated, Scenario A and Scenario B. Scenario A would utilize a 50' access easement that connects the property to Fort Collier Road through the new Frederick County Animal Shelter site which is currently under construction. Scenario B is a proposal to obtain a means of access through the existing Winchester Pasta site which would provide this site with access onto Brooke Road. It was Planning Staff's understanding that Scenario B would be utilized and obtained prior to this application being submitted for public hearing. At this time the only access through this site is through Scenario A. Rezoning # 19-06 — Seefried Property November 21, 2006 Page 5 3) Site Suitability/Environment It does not appear that the site contains any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes. A small area of floodplains identified on the northern tip of this property. This will need to be further addressed at the MDP stage and a wetlands delineation study will be required as well. The General Soils Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento-Oaklet soil association, which is the predominant association on land located along the I-81 corridor in the Winchester vicinity. 4) Potential Impacts A. Transportation The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and commercial development. This proposed rezoning does not provide that minimum Level of Service. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The County's rezoning application requires applicants to model the worst possible scenario based on the use of the site. As only accessory office will be allowed with this development, the worst case scenario (industrial use) was modeled with this application. The TIA did not include all relevant background information, notably the low background for Rutherford Farm Industrial Park. The Conclusions from the Transportation Impact Analysis (TIA) state that the following are required: • Route 11 / Welltown Road: an additional eastbound left -turn lane, northbound left turn lane and two (2) southbound left -turn lanes will be required to maintain an overall level of service "D" or better during 2010 background and build -out conditions. Staff Note: It is noted that the identified improvements fail to improve the intersection above a level of service D. This improvement has not been proffered by the applicant. • Route 11 / Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during build -out conditions. Staff Note: Proffer 3.1 indicates that this improvement will be provided, however it contains a time limitation of tvvo years from the issuance of the first certificate of occupancy. — See analysis of proffer statement • Route 7 / Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. 0 • Rezoning #19-06 — Seefi•ied Property November 21, 2006 Page 6 Staff Note: This improvement has not been proffered by the applicant. • Brooke Road / Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right turn -lane (should be westbound left -turn lane) would be required for Scenario #B during 2010 build -out conditions. Staff Note: Proffer 3.2 indicates a partial funding of the required signalization in the amount of $75, 000 will be bonded and if the signal is not constructed within Iwo years, the applicant will be released from all obligations. —See analysis ofproffer statement The turn lanes have not been proffered by the applicant. This TIA conclusion states that only a level service of D ivill be provided even ivith the proposed improvements; this fails to meet the standard rninimrnn level of service of C. Sheet 13 of the TIA shows the 2010 Build -out lane geometry and levels of service. Scenario A and B are shown on this page. Both of the scenarios show all of the necessary improvements but many of these are not being proffered A detail of the lane geometry as it would stand if this rezoning were to be approved with the proffers the applicant has actually committed to has not been provided and it unclear what the level of service is going to be after 2010 build -out. • Site Driveway #A / Fort Collier Road: Traffic signalization along with westbound left and right turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. Staff Note: This improvement has not been proffered by the applicant. Site Driveway #B / Brooke Road: A northbound right turn -lane would be required to maintain overall intersection of service "D" or better during 2010 build -out conditions for Scenario #B. Staff Note: Proffer 3.4 guarantees that this improvement will be provided. B. Sewer and Water Sewage from this site will discharge in to the existing Red Bud Run regional pump station before transmission to the Opequon Wastewater Reclamation Facility. Using a standard rate of 30 gallons per day/employee at 10 employees/acre of industrial property, it is projected that the proposed development will produce 23,250 gallons of sewer per day. This wastewater pumping station is currently under improvement by the FCSA. Water service will be provided by looping from the existing 12 inch line located along the western property boundary. Water consumption for the property will be roughly equivalent to the projected sewage generation of 23,250 gallons per day. 0 • Rezoning # 19-06 — Seefcied Property November 21, 2006 Page 7 5) Proffer Statement — Dated October 3, 2006, Revised November 8, 2006 and November 9,2006 1. Monetary Contribution • $15,000 for fire and rescue • $3,000 for Sheriff's Office • $2,000 for general govermrrental purposes 2. Site Development • Development shall not exceed 1,000,000 square feet of gross floor area and office uses shall only be permitted as an accessory use to industrial uses • Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts • The future access road shall be built to VDOT standards and have a minimum pavement width of 26 feet. • Street trees located a maximum of 50 feet apart shall be provided on both sides of the future access road. • A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation • Within 120 days of rezoning approval, the applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. This lane will be constructed within 180 days of receiving written notice from the County/VDOT. If formal request for the improvement is not made within 2 years of issuance of the first certificate of occupancy of the Property, the Applicant shall be released from the bond and shall not be liable for the turn lane. Staff Note: Regarding the intersection of Brook Road and Fort Collier, the applicant has not addressed the need for the southbound left turn lane. Also, the tinning element of this proffer is completely inappropriate. If only a portion of the property is developed with a small use, the improvement might not be called for at that time. If the remainder of the property is developed after the two year time period and the improvement is called for, as proffered the developer would have no responsibility for the improvement. Staff Note: Per the TIA conclusions, if Scenario #B is used, a southbound left - turn lane and a westbound right turn -lane would be required for the intersection of Fort Collier Road and Brook Road in addition to the needed signalization. While the applicant has addressed the westbound right turn -lane the southbound left -turn lane has not been addressed. • Within 120 days of rezoning approval, the applicant shall post a bond in the amount of $75,000 for partial fielding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of the issuance of the first certificate of occupancy for the Property, the Applicant shall be released from the bond and shall not be liable for said 0 • Rezoning # 19-06 — Seefried Property November 21, 2006 Page 8 improvement. Staff Note: The light that this pr°offer is calling for is needed because of this proposed development and the applicant is onlyproposinga portion ofthe light. The 2010 background traffac shows this intersection with a level ofC or better, but as indicated on the 2010 build out conditions this intersection mould require the intersection ofForl Collier and Brooke Road to be signalized to maintain a level of D or better. Generally with partial funding the proffer states that the amount ivill be provided to VDOT within a certain amount of days after° requesting the funds, not a bond; this proffer has no caveat for requesting the funds. Also, if the remainder of the money for the signal is not acquired 1vithin hvo years, the $75, 000 is released from the bond and the developer is not responsible for the payment. • A direct connection between the Property and Fort Collier Road shall be prohibited. StaffNote: Given this proffer, it is unclear why TIA Scenario #A is even tinder consideration. Scenario #A is a direct connection from this property to Fort Collier Road; clarif cation on the meaning of this proffer is needed StaffNote: Concerning the use of scenario A, to maintain a level of service C, signalization of this intersection along with westbound left and right turn lanes would be required The applicant has not addressed this. • If the project entrance is located on Brook Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. StaffNote: Since direct access to Fort Collier Road is prohibited byproffer 3.3 then Brook Road is the only option for access. Proffer 3.4 should be revised io take out "if '. StaffNote: The applicant has not addressed the follonving transportation improvements called for in their TIA: • Route 11/Welltown Road Improvements • Westbound right -turn lane at the intersection ofRoute 11/Brooke Road. (needed to maintain level of service C) • Additional southbound left -turn lane and northbound left -turn lane at the Route 7/Fort Collier Intersection. (maintains only a level of service D) • Signalization for the Scenario #A entrance onto Fort Collier Road. • Westbound left and right turn lane on Fort Collier Road for Scenario #A. • Southbound left -turn lane at the Brooke Road/Fort Collier Intersection for Scenario #B. 0 Rezoning # 19-06 — Seefried Property November 21, 2006 Page 9 STAFF CONCLUSIONS FOR 12/06/06 PLANNING COMMISSION MEETING: While the land use proposed in this application is generally consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan, this application fails to address and mitigate the transportation impacts associated with the proposal. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. Specifically, the applicant should be mitigating the impacts identified in their TIA and the proffers should be worded to ensure that after two years have passed the developer is not released from all proffered transportation improvements. The applicant should be prepared to address theses issues. 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. An r O ti Y� "4' s r* w a w vy EX RA ZONE 48.14 AC. qe 4 EX MH-1 ZONE tititi 27.24 AC. b� TOTAL AREA 75.35 AC. II` o \ \ SEEFRIED PROPERTY Patton Harris, Rust &Associates O c., \ 63' ZONING BOUNDARY 117 E Picadilly St. Winchester, Virginia 22601 VOICE a (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA I. APPLICATION , .. .mgaild'� �., 2,�?' � ,s:"y�": •... �-��II���� 7s ,.. 'x:�6a: .... :�,:a zaaxgr:w„.-w sr�: ^c ., 'gyp-�.*''s`y�,�'s�.� �s'r-� Trod JOHNSON DEVELOPMENT ASSOCIATES, INC. INDUSTRIAL & MULTI -FAMILY REAL ESTATE DEVELOPERS �I Z3 I ( Z rq APT`1, County of Frederick Department of Planning and Development Attn: Mark Cheran 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 I RE: Seefried Property Cash Proffer (1.4) — Rezoning #19-06 Letter of Credit No. 3086177 In The Amount of $400,000.00 Dear Mark: In response to your letter dated April 12, 2012, please find enclosed a check in the amount of $400,000 that will fulfill the proffer obligation of Winchester Industrial Properties, LLC. Also enclosed is another check in the amount of $300 which is for the administrative fee for the release of letter of credit No. 3086177 that was issued to the County of Frederick by Winchester Industrial Properties, LLC. Please return the original letter of credit to my attention with a letter indicating that the County of Frederick is no longer requiring the letter of credit. My contact information is as follows: Johnson Development Associates, Inc. Attn: Sloan Evans PO Box 3524 Spartanburg, SC 29304 Please call me at 864-594-5825 if you have any questions. Sincerely, Sloan Evans CC Copeland Rhea Garrett Scott Tammy Corbin APR232012� J �- 17�OUNTYCNT 1 PI .,— L 340 E MAIN ST. SUITE 500 I PO BOx 3524 I P .664.5a5.2000 I F 864.594.5996 SPARTANBURG, SC 29302 SPARTANBURG, SC 29304 WWW.JOHNSON DEVELOPMENT. NET op im JOHNSON OPERATING ACCOUNT BANK OF AMERICA 67-44 PO BOX 3524 SPARTANBURG, SC 29304 026009593 SPARTANBURG, SC 29304 Date Check No. Check Amount 4/20/2012 113087 $400,000.00 Four Hundred Thousand AND 00/100 Dollars Pay to the order of VOID IF NOT CASHED WITHIN 180 DAYS WITHIN DATE OF ISSUE COUNTY OF FREDERICK DEPT OF PLANNING AND DEVELOPMENT 107 NORTH KENT STREET SUITE 202 WINCHESTER, VA 22601-5000 II'LL3087�I' ':0539044831: 00073LOSIL4211' o RECEIVED�FFRON� aCi ADDRESST Q M (U v FOR RENTj_ n. � O ry ❑ FOR 1 Y � fV � UJ �N > 1 O 0 U o2� c L') u nD 'Z: C k.0 ay E Z u uJ .0 C r C O v ro O >> V LL a . H > Lr) v -44 -124546 `* )L� SC dg34� DOLLARS 5 • • AMT.OF ACCOUNT CASH � AMT. PAID CHECK 1 BALANCE DUE MONEY ORDER BY . ,�... ,�... ., f✓; eta r,,. �,. G Co . . (�„ p0 5 4- on T AMENDMENT r U_� Cr e J I4 Action: PLANNING COMMISSION: December 6, 2006 - Recommended Approval BOARD OF SUPERVISORS: December 13, 2006 ID APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 19-06 OF SEEFRIED PROPERTY WHEREAS, Rezoning 419-06 of Seefried Property, submitted by Patton Harris Rust & Associates, to rezone 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M1, totaling 75.38 acres, with proffers, for industrial use. The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A-89 and 54-A-91. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; I! WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13, 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 27.24 acres from MH1 (Mobile Home Community) District to MI (Light Industrial) District and- 48.14 acres from RA (Rural Areas) District to Ml, totaling 75.38 acres, with proffers, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes, #40-06 )...a. +,�.. xr. "1.:"'•:"�aP. .. ,_..;: .. .:'� "a ..4. �.I jy �'�"nit•I sf i..�e.r �Y_t ._.'.�2 �.ta'F��� : as �. i!>>..3 r Pi�x•:.r+t" ""a'v!![ 9 4 ':. is �i�"('i JI d1a _..�, �4 �{7 t. )tt� der j'.: " I ij '+I dS.: a[ � .._.�...,....,... .....,.,.,. .., .._� - . _x. z �., , y.i. ................_,,....... ,.._.._ y ",a,� ",a t tV., , , s v .r nit �` . F •n., . u ^,. 'r`s7 . t Nt r ?y— w..vr`�i4v'i..�ty ,o- r,, (-rrt ry `a>{ , e '7 �'. ... F^,.l;a`„T�+'" t&:'Iq""i 5r!arv;�.�,m,�F,+�z�`{�n.Jn:r1���1,r"cs�.c. �,t.�e!,�yh�r v��t!��;�mr���•,s�,vane,�.��,"a�Hrr��e-�,,J�auaxna�,t;�;zap;�a.?F�e.���:�,.1�"�J��z",{�.:f, �.au'a�r ���:%;�._af_.��:,���,.n, ��s,r��.x1_�.r':�,7.,�'�.r�.,�,"-�n..l'���. � .�..•�` 1 1 t„I�.I.. ! �h. ��,M1',�a J,A '.i `� �.. G,�,'. �; i�... .,7d+ r� a, •�; . �. ".' �;'�''�� :,. to s:9 i�, ..( 1 v1.: ,y r `1 Se --fried Property _ Proffer Statement 1. Cash Proffers 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North — Fort Collier — Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid, to the County on a date (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. ., 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be pemutted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street,trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate by recorded document the existing access easement located on the property identified as Tax Map Parcel 54-A-92B within 120 days of rezoning approval. 3.2 The project entrance will be located on Brooke Road. 3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to the issuance of the first occupancy permit for any building on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 s coo.. m N m O co N C ® j N N o Q U� �� N � � kn u. 0 FILE COP" DATE 10 11. l? NO. OU95 RECEIVED FROM �"��`2 r r� �,,,, ADDRESS[?() �K �J �J `t ,ac,c ce.y G C � SC Q 986t-� �Il° DOLLARS $ � "o ❑FOR REN / CL / i�-:2`j ✓ ',," " q ❑FOR (������/ - . Q vc'N.SZ. --u " �V AMT. ACCOUNT CASH AM7 PAID '� CHECK BALANCE DUE MONEY ORDER BY I�- J JOH"ON OPERATING ACCOUNT PO BOX_3524 BANK OF AMERICA =- 67-44 SPARTANBURG, SC 29304 SPARTANBURG, SC 29304 = 532 (864) 594-5809 Date Check No. Check Amount 10/15/2007 082870 20,000.00 Twenty Thousand AND 00/100 Dollars Pay to the order of VOID IF NOT CASHED WITHIN 180 DAYS WITHIN DATE OF ISSUE TREASURER OF FREDERICK COUNTY COUNTY OF FREDERICK, VIRGINIA P.O. BOX 220 WINCHESTER, VA 22604 11608 28 70112 1:0 5 3 90 4 48 31: 000 7 3 LO 5 L L 4 2111 J October 16, 2007 s CJ JOHNSON DEVELOPMENT Ass _OCIA_T_E_S, INC. INDUSTRIAL & MULTI -FAMILY REAL ESTATE DEVELOPERS Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Re: Winchester Industrial Site Dear Ms. Perkins: Enclosed is the check for the proffers for the Winchester Industrial project. Please let me know if I can be of further assistance. With kind regards, Mendy William /maw Enclosure 128641.2 I - - 340 E MAIN ST, SUITE 500 PO Box 3524 P B64.585.2000 F B64.594.599B SPARTANBURG, SC 29302 SPARTANBURG, SC 29304 WWW. JOHNSON DEVELOPMENT. NET 1 A. 0 0 i�"' � C 0 P V I3ANK OF AMERICA - CONFIDENTIAL DATE: JANUARY 10, 2007 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:.3086177 BENEFICIARY TREASURER., COUNTY OF FREDERICK 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 PAGE: 1 APPLICANT WINCHESTER INDUSTRIAL PROPERTIES, LLC 9 61 E . MAIN STREET SPARTANBURG, SC 29302 AMOUNT NOT EXCEEDING USD 400,000.00 NOT EXCEEDING FOUR HUNDRED THOUSAND AND 00/100'S US DOLLARS EXPIRATION JANUARY 10, 2008 AT OUR COUNTERS WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO. 3086177 IN FAVOR OF THE TREASURER, COUNTY OF FREDERICK, VIRGINIA, FOR THE ACCOUNT OF WINCHESTER INDUSTRIAL PROPERTIES, LLC FOR A SUM NOT EXCEEDING FOUR HUNDRED THOUSAND AND 00/100 U.S. DOLLARS ($400,000.00) AVAILABLE BY YOUR SIGHT DRAFT ON BANK OF AMERICA, N.A. AND ACCOMPANIED BY THE DOCUMENTS STATED BELOW: A CERTIFIED STATEMENT SIGNED BY THE ZONING ADMINISTRATOR OR AN AUTHORIZED OFFICIAL OF THE COUNTY OF FREDERICK STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC HAS NOT SATISF'ACI'ORILY COMPLETED THEIR PROFFERED OBLIGATION AS STATED IN REZONING ##1.9-06 SEEFRIED PROPERTY, ITEM 1.4. MORE SPECIFICALLY, THE PROFFER STATES THAT THE APPLICANT SHALL PAY THE COUNTY OF FREDERICK $ T'O BE: USED BY THE COUNTY FOR TRANSPORTATION IMPROVEMENTS IN THE ROUTE 17. NORTH -• F'O.R'1' C.'OLLIER - ROUTE 7 EAST AREA. AND/OR A STATEMENT SIGNED BY TIIE ZONING/SUBDIVISION ADMINISTRATOR OF THE COUNTY OF FREDERICK THAT: 'THE DRAWING IS FOR THE EXPLICIT PURPOSE OF PROVIDING FOR THE PROFFERED CASH CONTRIBUTION TOWARDS 'TRANSPORTATION IMPROVEMENTS :I:N THE ROUTE 11 NORTH - FORT COLLIER - ROUTE 7 EAST AREA PURSUANT' TO THE AGREEMENT OF THE APPLICANT, DEVELOPER, OR HIS AGENT TO COMPLY WITH SAID ORDINANCE AS A CONDITION OF TIIE APPROVAL OF REZONING jf19-06 TO THE SATISFACTION OF THE ZONING ADMINISTRATOR." WE HEREBY ENGAGE WITH BENEFICIARY, THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH '[HE TERMS OF THIS CREDIT SHALL BE DUI.,Y HONORED UPON PRESi:N'.I'AT'ION AND DELIVERY OF' THE ABOVE DOCUMENTS. BankofAmcrica,N.A. Trade Uperat,om C:A9-70;-07-US 1000 V:: Tcmplc S1., 1 os ,'mgcl, <, (: A 90012 1> I i0 ORIGINAL 00-75.0201 N O 10-200.5 3 t. r ,n,was BANK OF' AMERICA - CONFIDENTIAL PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: 3086177 THIS IRREVOCABLE LETTER OF CREIDI:'.[' SHALL REMAIN IN FULL FORCE AND EFFECT FOR A MINIMUM OF ONE (1) YEAR FROM TIIE DATE HEREOF AND SHALT, BE AUTOMATICALLY EXTENDED FOR ADDITIONAL 'PERMS OF SIX (6) MONTI-IS FROM THE PRESP,N`1' OR FUTURE EXPIRATION DATES, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH DATE OR DATES, WE SHALL NOTIFY THE COUNTY IN WRITI:NC TO: "ZONING AND SUBDIVISION ADMINISTRATOR, FREDERICK COUNTY PLANNING DEPARTMENT, SUITE 202, 107 NORTH Kl1,"N'I' STREET, WINCHESTER, VI.RGI.NIA 2260111, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT WE ELECT NOT TO EXTEND THE LETTER OF' CREDIT.' FOR SUCH ADDIT'I.ONAL, PERIOD. DURING THE LAST THIRTY (30) DAYS WHILE THIS LETTER OF CREDIT IS IN FORCE AND EFFE01.' AFTER NOTICE OF TERMINATION I-LAS BEEN SENT, THE COUNTY MAY DRAW UP TO THF: FULL AVAILABLE BALANCE WHEN ACCOMPANIED BY A CERT:I:FICAT'E: STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC, HAS FAILED TO PROVIDE AN ACCEPTABLE SUBSTITUTE IRREVOCABLE LETTER OF CREDIT OR DEPOSIT IN ESCROW, AND A CERTIFICATE STATING THAT: "THE FUNDS WILL BE HELD BY THE COUNTY FOR THE SOLE PURPOSE OF PROVIDING FOR THE COMPLETION AND/OR MAINTENANCE OF THE SITE PLAN AND/OR SUBDIVISION REQUIREMENTS TO THE SATISFACTION OF 'IHE ZONING/SUBDIVISION ADMINISTRATOR OR HIS AUTHORIZED OFFI:CIAL.11 THIS CREDIT SHALL BE TERMINATED PRIOR TO THE EXPIRY DATE UPON RECEIPT:' OF WRITTEN INSTRUCTIONS FROM THE ZONING/SUBDIVISION ADMINISTRATOR OF THE COUNTY OF FREDERICK TO BANK OF AMERICA, N.A. STATING THAT WINCHESTER INDUSTRIAL PROPERTIES, LLC HAS SATISFACTORILY PERFORMED ANI) FULFILLED THE OBLIGATIONS AND REQUIREMENTS OF THE SUBJECT SITE PLAN OR SUBDIVISION, AND AC'.COMPANIED BY THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS THERETO. WE HEREBY AGREE WITH YOU TIIAT DOCUMENT'S PRESENTED IN COMPLIANCE WITH THE TERMS OF 'THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A., 1000 W. TEMPLE STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 90012., AT'PN- STANDBY LETTERS OF CREDIT DEPARTMENT ON OR BEFORE THE EXPIRY DATE AS SPECIFIED HEREIN. THIS LE`I"I'ER OF CREDIT IS SUBJECT TO THE INTERNATIONAL, STANDBY PRACTICES 1998, ICC PUBL:I:CAT'ION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE TRANSACTION, PLEASE CALL 213-481-7844. ---------- AU`i I OR. P,1S SIGNATURE THIS DOCUMENT CONSISTS OF 2 GFIL.FM., JE::FE~LRSON Bmd: ol'Americs, N.A. Trade Qpc-itions C.A9-70i-07 0 1000 V4 Temple St., Los Anccl: s, CA 900:2.151 10 ANY QUESTIONS REGARDING THIS PACE (S ) ORIGINAL 00.390201 YS11 10-200 CJ AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 - Recommended Approval BOARD OF SUPERVISORS: December 13, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 19-06 OF SEEFRIED PROPERTY WHEREAS, Rezoning #19-06 of Seefried Property, submitted by Patton Harris Rust & Associates, to rezone 27.24 acres from MHl (Mobile Home Community) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to M1, totaling 75.38 acres, with proffers, for industrial use. The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A-89 and 54-A-91. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 13, 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 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.14 acres from RA (Rural Areas) District to Ml, totaling 75.38 acres, with proffers, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #40-06 This ordinance shall be in effect on the date of adoption. Passed this 13th day of December, 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux Aye Barbara E. Van Osten Aye Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST 9, *'e ��illlz JoIU iley, Jr. Frederick County Administrator PDRes. #40-06 • C� PROPOSED PROFFER STATEMENT REZONING: RZ. # A-06 Rural Areas (RA) and MH-1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 75.39 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] RECORD OWNER: William J. Lockhart et als (54-A-89) & Arcadia Mobile Park, Inc. (54-A-91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): 11/8/06; 11/9/06;11/30/06; 12/5/06; 12/6/06; 12/12/06; 12/13/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54-A-91 by virtue of that certain Deed from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54-A-89. William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98-123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. Donald Eugene Lockhart died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart. The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 LJ Proffer Statement • SeefHed Property 1. Cash Proffers 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North — Fort Collier — Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate by recorded document the existing access easement located on the property identified as Tax Map Parcel 54-A-92B within 120 days of rezoning approval. 3.2 The project entrance will be located on Brooke Road. 3.3 The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to the issuance of the first occupancy permit for any building on the Property. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 C� Proffer Statement • Seefried Property Respectfully submitted, William J. Lockhart, Jr J9ian E. Brock �- Tamara Lockhart STATE OF VIRGINI A, AT LARGE FREDERICK COUNTY, To -wit: Walter M. Lockhart -41 4 Robert S. Lockhart Linda L. Wilson The foregoing instrument was acknowledged before me this i j day of 2006, by William J. Lockhart, Jr. My commissio expire, _ kll� u 31 Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this i3 day of 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney in fact. My commission ex:)ir$s.. aLCQ a 31 1 Z06 ? Notary Public 3 of 5 0 Proffer Statement 9 Seefried Property Arcadia Mobile Park, Inc. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this ��� day of 2006, by William J. Lockhart, Jr. My commission expires Notary Public ZIA- 4 4of5 PI-Q&r Statement Seefiled Property Seefued Properties, Inc. Bv: rid Date: STATE OF Llucr- 1, AT LARGE 1 COUN-IY, To -wit: Cobb fk The foe oin instrument Was acluiowledged before me this 1�day of 2006, by VAL L5 I fl `\\\1\1111111 .�� GAL D. � ;`po unn,ui I,,9 r'ii ;�;I�, commission e ,. 0TgR�_,5��:; Notrlr}' Public tXriRES _ = GEORGIA � IniNI �•` 5 of 5 1Z/1Z/ZUUO lur- lu:Za rAA Vhdl: IL vu U5.I)Ua VVILLIMIVI J. LU MAKI, JK J11U-bb1-1 /U9 0 POWER OF ATTORNEY Know all men by these presents: That 7"! .. c4�ve made, C�'J .. gFP ointcd by thcsc-prcscnts� da-TuaTEe� �[itute and appointWittiam-J cc�cbIL h.�n my true and lawfW Y� fcr-n+e an4 in my IIarae,_-O��cad' to sip any dcc&arufficc docuMcRt5-M;dPeccive any Pt. afS&'f`rekt've to the sale oftirat desctseckon attar to mnke afi ` sfeis, assjgrttzee��, and cp�ccsfJ�rcof, v�Ah all z►ecessffiy covesants; �rarrRnftcs,!sue,- -Y-mac vcr We same; and -to daaltsvcjr-o s, mant rs, and tl�ngs irrreYs�a�-tu �e sac o�sai$ r�i-t�tatzas.}t�i�o���Pa inn TnS�ciScally to apply pZO��y, mat* agn=74uand is-svbm any RH �s d ---`pteptst� and rcby mdfy and confirm all lawftxt acts JLMV-bY mY-s�d att mey by virtue t f_ Thin- Power of A -On —~-c3fsabi3tty-o'ftl3e�g�Fat- .._ � STATEOF - v Aa_. CrrWCOUN3( OF fl y _ �iaa-wit a Notary Public ia-acid-for-the Mate~ u isdric,t,iea-afaFtsa'id,-de hereby ccray-that- t f1 +%i osL n=c is sinned -to -the - gv,+uzzafAaos�c3c, dated - day -of : - _2-006 bg5 gelzQuaUy Bgp=c4 !Ocfox my-=d .=[wowjcdgc<i the -% me +h my �s. Gig w0cr my Ei this dw Of, _TW-L Wdat V-= My comnssssinn cxgires_ STATE OF WEST v1 tWA .:..r•-• - 11•o•••Rw�4W_ _ Rb0• Um '=�o2ne-�nw `.soak rh]Q3 W Comm l•do• Expim May 19. 2011 b 21-6+ p- -Notary 1'u�I•ic Y" 4, m m rA m a it EX RA ZONE 48.14 AC. OQ�Y,D' ti EX MH-1 ZONE tititi 27.24 AC. /Ill TOTAL AREA 75.38 AC. 4" o SEEFITIED PROPERTY Patton, Harris, Rust &Associates p \O ZONING BOUNDARY 117 E Picadilly St. Winchester, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 Q- v cl� FREDERICK COUNTY, VIRGIN/A Seefried Property - VDOT Conunents to Proposed Rezoning - Frederick County Page 1 of 2 Candice Perkins From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Wednesday, December 06, 2006 11:00 AM To: 'Candice Perkins' Subject: FW: Seefried Property - VDOT Comments to Proposed Rezoning - Frederick County Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a co.frederick.va.us www.co.frederick.va.us -----Original Message ----- From: Funkhouser, Rhonda [mailto: Rhonda. Fun khouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, December 06, 2006 10:56 AM To: 'Patrick R. Sowers' Cc: 'CMaddox@shentel.net'; 'Eric Lawrence'; Copp, Jerry; Ingram, Lloyd; Alexander, Scott Subject: Seefried Property - VDOT Comments to Proposed Rezoning - Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1328, 1322, 1320, 1323, 1200 and 11. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Seefried Rezoning Application dated October 3, 2006, revised December 5, 2006 addresses transportation concerns associated with this request. VDOT strongly recommends and encourages the developer to pursue access from the proposed rezoned property to Route 1323 via the Winchester Pasta Property. 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. 12/6/2006 Seefried Property - VDOT Conunents to Proposed Rezoning - Frederick County Page 2 of 2 Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 12/6/2006 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL N10V 2 ] 2006 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) 7 s 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924-1999) LEESBURG, VIRGINIA WINCH ESTER, VIRGINIA SAMUEL D. ENGLE TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 0. LELAND MAHAN ROBERT T. MITCHELL, JR. FAX 540-662-4304 E-MAIL lawyers@hallmonahan.com JAMES A. KLENKAR November 27, 2006 STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Candice E. Perkins Planner II Frederick County Department of Plamling & Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Proposed Proffer Statement Dear Candice: PLEASE REPLY TO: P. O. Box 648 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced 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. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins November 27, 2006 Page 2 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building pen -nit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial". 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties", is umiecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator." 5. In Proffers 2.4 and 2.5, reference is made to a "future access road". Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als". This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of -5) by one person on behalf of "William J. Lockhart, et als". The Frederick County tax parcel information references Deed Book 934 at Page 65 8. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Candice E. Perkins November 27, 2006 Page 3 power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. 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 any understanding that that review will be done by the staff and the Plamzing Commission. If there are any questions concerning the foregoing conunents, please contact me. y yours, Robert T. MiVhell, Jr. RTM/ks Enclosure REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) PROPOSED PROFFER STATEMENT RZ. # Rural Areas (RA) and MH-1 Light Industrial (M1) (Mobile Home Community) to 75.38 acres +/-; �� Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property ] William J. Lockhart et als (54-A-89) & Arcadia Mobile Park, LLC (54-A-91) Seefried Properties, Inc. Seefried Property October 3, 2006 November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. I. Monetary Conttibution 1.1 The Applicant shall contribuei othe County of Frederick the sum suance of the first building permit. of $15,000.00 for fire and rescue purposes upon 1.2 The Applicant shall contribute iso the County of the first Frederbuildingick the pernutm of $3,000.00 for Sheriff's office purposes upon 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 Seefried Property Proffer Statement Site Development et of 2.1 Development of the Property shall not 0000 square as an acgrcessory to floor area. Furthermore, office use on the site shall only be permitted industrial uses. 2.2 Storinwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access roawidth of 2d to 6 Virginia Department of Transportation standards with a minimum Pa s of the 2,4 Street trees shall be located a maximum �f50 along ococupan y of any access road. Said street trees be planted pi ox building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approv l. Transportation shall bond for off site road Within 120 days of rezoning approval, the Applicant00 000 This funding is available for improvements in the aggregate amount $ Frederick County to utilize for local roadway prO appYovalnts athis�ondm_g h'as not discretion. If at the end of two years from g been requested then the bond shall cthe C un a,s use for roadway payment oadwaymade improvementts. County in the amount of $400,000 for tY A direct connection between the Property and Fort Collier Road shall be prohibited. 3 The project entrance will be located on Brooke R d, e Applicant pplicn shall consprt uc to northbound right turn lane on Brooke Roada eProject occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 0 • Seefried Property Proffer Stateinent Respectfully submitted, William J. Lockhart et als '(]`��/^/ _ 7 It By: i /11f Cti Date: 62 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before ine this r day of -e e e --t 2006, by ' My commission eX f Notary Public -1 j 3 of 5 • • Seefi-ied Property Proffer Statement Arcadia Mobile Park, LLC By: Date: 1 `� `q STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: oin e this � day of ' e��'''� The foregoing instrument was acknowledged before m 2006,by 3—L°��cf My commission expires ��rrr7ii �l 2 vD 7 Notary Public 4of5 Seejrrecl Properh Proffer Statement Scefried Properties, Inc. kblr 1 S• I•:t1'L OF N=�f�, =1T LARGE COUNT y •IFO-wlt: Clay of 1 he foregoing instrument �i'as acknowledged before Inc this ?UUG, by ����NUuinrrrrrrU :HIV Commis., NoCa1y Public cLLUP Gi ? — OBB Gv "rt`�rtcrs4tt°�•`••`, Special Limited Folder of Attorney County of F'redericl;� Virginia )Frederick Pian•uiRg Web Site: www,O.frederick.va.ns Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (Wc) (Phone) 703.=154.2699 (Name) Scefried Pro ernes. Inc (Address) 5350 Shawnee Road Suite 350 Alexandria, VA 22312 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by on Page 481. and is described as Deed Book 350 Tax Map Parcel 54—_A-91 — Subdivision: do hereby make. constitute and appoint: (Phone) 540.667.2139 (Name) Patton Harris Rust &. Associates (Address) 117 E. Piccadilly Street. Suite 200. Winchester. Virginia 22601 To act as my true and lawful attorney-in-tse personally or and in my to file planning applications for mlace , andy (ou) above with ldescribed l power d authority I (we) would have if acnng p y Property, including X Rezoning (including proffers) _ CondiLional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My altorne}'-in-fact shall have the authority to offer proffered conditions and to make amendments 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 rescindedor oo modified. nfD YA .L� In witness they �f. 1 (we) )av • hereto set my (our) hand and seal this day ____— '� Stanaturcs ()�S State of (Gl City/County of PID To -wit: a Notary Public in and for Lhe. jurisdiction 1, Ire g p )'"PP aforesaid, certify that the persons) who signed to the foregoin instrument crnl a}r�,f DfCh.(ltore l�$20U �. oresaid this and has ackt�- Fledged the same before me in they, jr� 10 1ftj� S , Y Notary Publi .B, C01313 CO ,,` ,Z �� Commission Expires: Special Limited Power of Attorney County of Frederick, Virginia Frederick )Planning Web Site: www.co.fred.erick.va.us c� Department of Planning & Development, County of Frederick, Virpma, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-6654395 Know All Men By Those Present: That 1 (We) (Name) Seefried Pro crties, Inc (Phone) 703.354.2699 (Address) 5350 Shawnee Road. Suite 350 Alexandria. VA 22312 the owner(s) of all those tracts or parcels of land ("Property") com'eyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virglinia, by Deed Book 934 on Pane 658 and is described as Tax Map Parcel 54-A-99 Subdivision: do hereby make. constitute and appoint: (Name) Patton Harris Rust &. Associates (Phone) 540.667:2139 (Address) 117 E. Piccadilly Street, Suite 200. Winchester. Virginia 22601 au act as I ( e) would have true and eif aching attorney-in-fact ersonally to file plan inr and in my (our) applic:at place, for and stead (our) alth boveldes described authority 1 (we) w Property. including X Rezoning (including proffers) _ Conditional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments 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 modified. ( da of DfP/ L0o 0 in witness the-Wof, i s%vejl�v� hereto set my (our) hand and seal this — Y f .a� Signature(s) 'VV— �1 I- .To -wit: �h t°,� s . �-'S l 'ice State of (G( City/county of (✓�)1 I.. Q a Notary Public in and for the jurisdiction aforesaid, ertify that the persons) who signed to the loregoin« instrument persona appearedday i � before r� � 1��0O and has ackn 'le �cd th same before me in ih \,j,4rit�clic4413� aforesaid this �— ll� `''• y(`�G•„�-:1viv Commission Exnires: Notary Puhli _ ExP.�ES GEORGL t A,uG. 26. __ D7 %,fee Co\3 0 • Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. December 5, 2006 HAND -DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 gE; Application — Required Signatures Seefried Rezoning Dear Mr. Mitchell: siblingsof Mr. attorney documents..ol I have enclosed executed power of siblings in matters behalfofof his RA Lockhart, Jr. which allow IVIr. Lockhart to sign Virginia -ou providing2006 54-A-91 Frederick Hthese related to Tax Map Parcel our etterdated November 27, documents in response y the documents are In particular, n ate regarding the Seefried property rezoning of ourplpetter wherein oon. that tax records Y CORPORATE: intended to address comet for the subject property. I hope that you find these documents Chantilly indicate multiple owners VIRGINIA OFFICES: satisfactory in response to you comment. Bridgewater Chantilly Also, please .note that a signature has not been provided by Mr. Donald Eugene from his surviving wife, Tamara Lockhart, has Charlottesville Lockhart as he is. deceased. A signature Fredericksburg been provided. Leesburg Newport News Please feel free to call me with any questions or comments yo u may have regarding this Virginia Beach Winchester matter. Woodbridge Sincerely, - LABORATORIES: Chantilly Patton Harris Rust & Ass iates Fredericksburg MARYLAND OFFICES: Baltimore Columbia Patrick R. Sowers Frederick Germantown Hollywood Enclosure PENNSYLVANIA OFFICE: Allentown CC: Candice Perkins WEST VIRGINIA OFFICE: Martinsburg 7 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 y �./ VY/ VV yV_JY 1f1A yYJJJLOl OOV __ �— T dtiv 30 06 D4:17p VVILLIA� -J. Z>�A vvl L1l of Luuo 10 ; r+v +v Ja•u J_L Vl•J �7� PE7WE:KK QF AZT'ORla£'1`' �66�9 u p_2 LOCO- aidc�c aad irk i:, v�► -t a daa3 or cab= 3oc�e� ��! �� d�-tody+9 cx� tF4�ProfEa�"f ofc3o6 W t� dale oGihsd -._ _�� e1L -:z n_ sattmig LoCIA mx —sue to dn$llmc� er . ms-sera , s1Ll � acts d� by UW said b0` -- � andY�d'c ac cwid by pcsn�� mdav 5f C zoos STATE OFcrff _ - ig LSO wbnat nsas= s aff AXIC190SY,"ted >s� PO�`-d _ Psshlic NOTARY PUBLiC - 165 Wort lAain - . Utah .aa6fi4 -. My C�tmleeioff eM ` — jenyary27, 20Di _ STATE OF UTAN DecM1D1�QS-1D:-3a� -- •_ VV -- - ----_ --- F•2 I�iOaF @Y'?�iESH Pam= `- v -�"'w° =d a�p�• � �'- iti - M27,03M god as s:.orMmi�d- vA*LAn mad�s�r�s3Y - cam. �'�°�''• --- - _ - — - - J �ca�t awe as i ead�M• .dLwrds - a i ILb=aW midoo�ad Oil e&wW .cts dc�oe177r a.:d ar oo�L!if [aP �R► Chou v,,t a8°nbiii� a€s�c < t t i p y% `d f theand wbse some is simcmd am Gene�ian - �PM� •-�-_ ji �y�INL- I I JJ f VYILLIHIUI J. LVT`11 JR cu-1741994 p•2 11!$612oo6 16:14 FAX 540 66T 5176 Robert L_ -lAmes III ME-1714 ll�- A iis = •. .._ ®6o 2 'its:Z �stR.� 1-ae- T Twmmadam, ooa —d uzd tb— �a.�es, da �myk9_�oaa+lidryiat .✓ w+ l �1Rs1 ��R � ava aad -G"leSa �„'^�'. 9br.ma.�ad m .fQicx and >rtcwsf;--co s:xa my de" od= dccvmmta and P—a ar-mde c=[mivc m 12c -sale of tLsc crsoia as ixk - Lo�K,7rs7 P.�r • �Y �esa�+aasarmie�md-aap.�oo�e; a�+><s�p�sea�„�mQ..i�d�md deli+.cr meara� =2.' and Avg In =1 zdoaa Wlbecsiff-Qr a real. c7eate a I tnig7Z aEme�6�o ooe3ug fcaoo�� Andl-arm j and eat all Lawifvt azu dose by a.y %.d .viraae bcrvaC_ 12aL. c = - aorta aPAttamwy "I not term sae 8iability of 'Lac ;.Qi•d;�os .ab�;a v� s. . `�C'�^�!'k kc _ r s � t��2C�F. hftm nazmz am • r�r�d sa t8c Eo�nla� � a...:.�s _A.aed aE 1 Vi 1��i1'1 �`� 1/- 2006 boa P-m—aby bcftm»E'asd se - 5-.t-- amd jmriadietian 'cfo void Girea �mci-z �rry�dt�i CJL Le[ . =06- L�oeasyP - - fP1KA isf�Bi - ttiALnl l�fl f�L .......... IL/'JY/CV VD ID. IJ f�1 /JY JVM DY 77 LA001799 WILLIAM J. L VKMART, JR - --- --- LDaTW poV= OF AT TORWSY - tA tK.iclCl+r�a� and .:,w •».-.�_ 1n u� sOF hoc ad= d clun 8j is Pw aad to zcml do an swch odmr- �' �"I m rais of xi3 as as -by vftil�f md ul[ fec•.ful act dam as ds ..�' by vhaoa-�ICswC - WrrM8." *ba °psi � a�f eBalAsir dSY n 1. and by,. tmc emd Leos and r �y ac�ie �El t'bc seam: as L oie= 7r aw said ST&TB OF c� -- -- - _tea Orr tic Stoo —. Ll _ t s..�t•.A P , dRlna�,r�B�p� �. r{, ��ao•.ier s sd StRoe Mid oiivr -2006 ham p --- 31Y NVTA'RY Pu- l3uc STATE.*11 MitNLq Now lFtrst#jbu'nal Bank 1 — -P o`Baa eb7 + S Rbncrrene. WV 2t87Q i C ",VVL 104OW ALL NMN BY MDR�R,FSENfS: eacsc 3 Lz• rb mslse, t�3ti�- �d " tom �C f ts�e tad lawfut aaomcr. for m ffi - Plr; mx d-steac. to sign nay does en od = docvm.—s--Ni Ni y to 22� a of sEc is sra gmP"' .d:i arith ail Ste•, and to mays su "=U=y T�axN err=lcaaleeawh�dSS�m'dc�3i.rtrd�osaa�c,:c as E micb, I or could do if =-.Vmg `3 heft by rauf�r end con�> l,.i A acts dm= try WX said by � 1 °" disability of the amamuy STATE mil' CiTiC/Ca"I�` Pulaiic.�Aad f,* , cv3 S`sa� sited or to the fD=ggiagLimitr Power of AcwrncY-�- • 2006 has Citc-tay. _ ---- Patton Harris Rust & Associates Engineers. Surveyors. Planners. landscape Architects. 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot & Gentlemen: Th; rc are 4 reasons why the subject rezoLz ng should, receive your approval Wednesday night. P' ��+ /� A H industrial interest- (1) The timing is important to the partners (2) The rezoning will erase 27.24 acres of Residential Zoning (mobile home) `By CORPORATE: which projects into the -existing developed industrial area and is a Might' Chantilly use that is in conflict with, the established uses. VIRGINIA OFFICES: -y (3) The proposed user intends a major in-vestm�t which will provide balancein, Bridgewater the local economy through creation of jobs and tax base. Chantilly (4) The site is in conformance with the Comprehensive Policy P an. Chorloltesville Fredericksburg Leesburg d Propers, Inc a*�sfer this property,- vahen- For your fo=*mi tin, SP�ietie v� i Newport News rezoned, to the Johnson Development Assoc., Inc. of Spartanburg, South Carolina. Virginia Beach Johnson. is also intending to purchase- the undeveloped land adlacen-t t0 WOr1 - Winchester Pasta, which is currently zoned M-1. The Johnson Group since 1987 has developed Woodbridge over 9,000,00G SF of industrial buildings for use by numerous manufacturing and - LABORATORIES: Chantilly distribution related industries. Fredericksburg MARYLAND OFFICES: TD��It�'- is also the primal developer o£ th.e Heilan.'i Industrial Z'k- m- I~l,- of Baltimore (Wight County, Virginia with plans for over a million square feet of speculative Columbia indus�trial- space by 20Q8- They are recommended by the Virginia. Economic Frederick Germantown Partnership. Hollywood HollyPENNSLVANIA OFFICE: (� The Site. ViC1LL- Suppoi.l. .J- buildings to 1y0.00,00.0 SF. Once- the first building is Allentown occupied, they will begin the nest. Each building represents a12,000,000 WEST VIRGINIA investment and once occupied will normally provide. another $12,0.0.0,.00.0 in. OFFICE: machinery, tools and properties. Many jobs will be created in this complex. Martinsburg T 540.667.2139 .ohnson a looked at. nur>aber of different sites before chloosing Frederick- County. F 540.665.0493 J 117 East Piccadilly StreeAll of the wise planning decisions made over time by the MC, Planning Suite 200 Commission and Board of Supervisors have made this possible. Winchester, VA 22601 Please accept the revised proffer statement which addresses certain VDOT concerns. We will be in contact with you before the meeting to see if you have any questions. Sincerely yours, PATTON HARRIS RUST &ASSOCIATES �� l / xJr.,P.E. Consultan C. E. Maddox, J, PHRACEM/kf Enclosure cc Steve Cloud, Seefried Properties, Inc - Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker 12/12/2006 TPE 1C vdv I � w vy..x�a f 29 FAX VVILLIMIVI J. LUk,&MNK I, JK 0 -.1 -.1- - POWER OF ATTORNEY Know all men by these presents: Tbat&� M. �y4t f*&ave made, eons=tedaM8ppointed and by these presents do -make- constitute and appoint Witt = J. Lockhart, Jr. as my true and brwM attorney, fb"rc and in my .name; p act4-Mead, to -sign any dc=d-aro her doetwerttsaodreceive any proceeds-ofsa}c relative to the sale of thattcrtain property described oa anathed Schedule "i"-mod to make ate tzuessatrg artsfets, assignments, and can"yoaces-thercof, with all -necessary-covenants, wwy?aties, and *ssura=cr,, and -to sim s=O,-Md ackmay&dge, aad-d4iver the same; and to daatt svclrotheracts, matters, and things in rela6im to the sale of said real estate as zaig -as Fa**l:i�c, a inn pler amffj , h=lud'Wg-spccifically to apply far—w—i w. of *"aid property, and to agT= to and to-m&nit any-imd-sH pr rnss1siaia - property,-audi Eby radfy and coofum all tawfai acts done -by my s4lid ammey by virtue thctwf_-This Power of A=rrxy vn Em - - STATE OF Vl CrFY-(COUNTY OF fV11 1 1G`- so -wit: �e 17 - , a Notary Public in-wd for the State and}urmicciea a€tuesaid, de hereby certify. that Q , s trl;osc, name i F. 24, a e d t o 1iae fomgoing 1'.o QtAaamcy, dated day Qf f 2 kYl ! 2006 bas personally appeared befox my and acknowledged the same-= my , .... Stateattdj - Csty=-uWcr ruy h=d_this i�i�day- of 2-0D6. My commission cxpirz5 -DFFIewtseAL STATE OF WEST vwC."A 'R�wQw,Mt=- RlaOe Llne �02W n"nue �•., S ►GMMpMR t 200 By COMMISNIOM EXPI M Mir 19, 2016 . K4, — v[G -Notary-FuNic Z 002/003 p.'l (y VVL IC '_ .b q2 v b t r� y4� 0 m 0 EX RA ZONE 48.14 AC. �y oy1.�? �' 41,• �� �4 9 EX MH-1 ZONE 2 7.2 4 AC. ,1titit� ems. TOTAL AREA 75.38 AC. IIa SEEFRIED PROPERTY Patton, Harris, Rust &Associates o y lb ZONING SOUNDAfRY 117 E Picadilly St. Winchester, Virginia 22601 p VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRG/N/A Dec 12 M 01.39p 12/12/2006 10 W ILLIAM J. LOCKHART JR 08 F.k.L. 340 667 5176 ixoaert L. JUlake9 ,,, 540-652-1790 POWER Of AT -ORNEY Know all men -by -these pTcsents: That -have made, cnrLStLnnedand appointed and by thcse,prm ms.do make, -constitute and_appoin�Gilliam J- I..ockhsrt JT. as my tru6~and7lawful attorney and homy narnc,place;.and lead, to sign any dced7o"dierdocumeTrs-=c receivcany proceedi. of mottlerelarive to the sale of the: certain property described on attacht:d-Sc4edu4- 'A" and to make all necessary transfevj,--assignrnmts, and-cot,veyancm theitof, with all necessary covenants, warranties, asdAmsuzanees, and-to--sip,.sesl,and ackr 7led and deliv+ec the same; and uch -tu do acts, matters, and things in M. to the sale of-, d-= Pete as Lmi for could do if acting personally, indudiagsper-ifical'.y.ta-uWy for- rezoning of the said property, and to agree to and to-submitmy-andall-rezoning_proffers�s tbo said property, and.I hez -acetify-un zan rnz all lawfi.i acts done by my said attorney by virtue ihem—p- This Ptowrt-.of Attnmeyshall-not terminate on disability of the principaL W%ti-Ei ,-the-fD&vAng signzh=e-ard.sea1 this day of 2C06- STATE OF rf CITY/Coui LTY OF %- 1 eA �T, kufu _ r'V'qL4q , a Notary Public in and for the State sn jurisdict3o aforesaid, do hereby ccr'tify that 1` 0 h whose nwipe is signed to the foregoing Power of Attorney, dated day of _ OLLf_miw t 2006 hey personally appeared before my and acknowledged the- same -in my State and_jurisdimon aforesaid Given under my hand this �day of - 2006. My dbTnn-issioncx* s MI CR NEB t stviewrm aln Sallro6lk& W5A , My CaMmIlefon E*prres Jrantlrxtr27.-M7 I I�Iot3ry I�ubliC STATE OF UTAH p.2 r- ti D2 b C m 0 U EX RA ZONE 48.14 AC. yy, .y J�� 46��s• �\�v� ,y LOC O 5� �• d' ye'� �. EX MH-1 ZONE 27.24 AC. �S+ TOTAL AREA 75.38 AC. II` SEEFRIED PROPERTY Patton, Harris, Rust &Associates oZONING BOUNDARY 117 E. Picadilly St. Winchester, Virginia 22601 p p VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGIN/A Dec 12 06 02-.46p WILLIAM J. LOCKHART, JR 0 540-662-1799 9 p.1 -Y1 4 V 1 POWER OF ATTORNEY Know all men by these presents: That I R<,56ffjcr S • J--=A,y made, constituted and appointed and by awsc-prescuts, do make, constitute and appoint William 1-1— *bart, Jr. as-n true and lawful attorney, for me and in my name, place and.ssead, to sign any dud ar other documents vmd ieceive any proceeds of salc-reltltive to the sale eMat certain property-&sca;Tsed on attached Schednie "P�" �d to -rrisice ail necessary transfers, assigtimeets, and conveyances theroof,-wtth all necessary covenants, vrarrantims andzsswances, and to sign, seat; and; adcnowiedge;-and deliver the same;-arnd to do all such other acts; matters, and thugs in-refi&ton to the sale of said real-estate-as-1 might or could- do -if actin -personally, minding specifiWfrla appiyfar=zonmg of the said -prop", and wagee to and to submit"aag and -ail =owpg proffers for the- -property, wnd I hereby ratify and confirm aii-lawful 'd attorney -virtue thereof. T1vs-Powc-of Attorney drat}nortermiMe on disability of -the principal- -WITNESS the following signawre and -sea] this 1:1 day of -b aey"z W ;-20ft - STATE Of- k2' *n. ' " Nj OF- to -wit: l; i L - ���`'� •' , allotary Public in and for the a St and iprisdiction. afnzesaid, do hereby certify brat whose. flame is _signed to the f=goixq Power of Attorney, dated 1 day of T&_,I+- _ 2006 has -personally appeared before nry andaclmowledged3he same m my . State and_iarisdictinmafo-resaid_ A Given under my hand this =�day of My issioa "- w4s iA4 . —\,) Dxo 1 Notary -Public & 0 r- .y q2 b t r L� 0 0 i. EX RA ZONE 48.14 AC. M y ��1 44�d>,• °yam b"5 �S � ? EX MH-1 ZONE 2 7.2 4 AC. e ,ti1tit� rr, TOTAL AREA 75.38 AC. I I` `lb SEEFRIED PROPERTY Patton, Harris, Rust &Associates O p p lb ZONING BOUNDARY 117 E. Picodilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUN7Y, VIRG/N/A UPc l;' 2006 8:42PM Brock Cabinet Inc. 9104297625 p.2 ._F� S'M'%r2+.sXi.�i. < ���f �" _; k y.>i��,`-h''�•e>" +R«>;ir'i�+.'.'k'+T \n"�•�{'�('' i 'Y'+•'e ate. �. , a ri=a fs �1% .!`vL�"s�R`�Sr �+Li r'� fi 4'�"�S'T' � ^C .. ,�•��,, '°� .1fg.+ '•ik + - Cr ex',,. y +POT4�:r,�+ x '.;i x ,. _,e ? ♦ r r `, .=a'" k M;�+� a f St3 ems"s"•1 r 4"s�p.Y4 .. T�s:YlL ,ji��''; *m4 0001w, .M►� r. ,� - # `. + MiFy1tsw_ji i�hr• p. Y 'n3'- �k �.�`•,� s it '7ffKi At4 -,r_ +x lei ,�' rr r �. �`';-4+�f't3 • s;4��`m'�,. ~-�"4: i `„� -a•T .F' n '..'r,.. � - .� 'ems+ , .S"1`" .: r 4 t X +•4.r Y W - _ h' .. r., ks/'iL Aid AEU. ti i.k�iA-aiJ cy.T•y-l.. 016 3? ,,t.' y�.}•'�� iy� r,-T'� �iAi•.Wd+�+ ^"�f{ t� 1..-.-. "�� '.]f"�i tic •i�y�-'Fw, t r-�3'r .rij. � ��,-•„` - .fr - � .Z ; 1p ,�y.i� �� %���-� - 3h< t � .4;2.: --s 'oA7-M , 4j . ,•Z�-��.. ✓r i `y_�K+ i ems/ it\.i C,+•�v 57� $i `a,9,•r' p�'&M.a.`. = Y :k. � e � ._ � �-3yY� ...�• f' _ _� ?. tea,. W f ---Y,'7�y`P•Y Y`� ~ ♦T�a� 81fY- Syr i'; l t i..9 u.4 c -"m�;d Y.-.a '•v $-�� 1%I+. f'.r7f11 r . Aas• .i'..,'�;�� - s� T3- 4,- Z.s y,r � x' � .,r�."�"k �,,' N• ? + 1 �: G� .;frfa�.�.. k•, [� 'a f•' �-�..:, ,Fy 'i' -waK;+ y, _ 1+'rr '•fir �: t. � - "_ �.�.�r � 4 .�» ti� F*!• � -�. �E"' '-f,."'x`--`t't`c ":'k�' r" ' ". ,,z''` .Rt` •c xZi- l-%�-�c+�_,��. J. '�...'r,.�a�'__ 5,�,°-e `.:,i-a j'a4^ ',�.:rw . �' ti :`. ` JQ `�2.�d2 i S p -• ;x+, t-{ ''k A `mot '!► _S , _ }S. t,f i;.�� >r _. rl. +dK'MY•�-]f { C� .wi - y �i ! - + y���� %��fiy Y+`��: -.z..'z s> 'C. �Y i� '"^r t� Y�'4L`'+.. �'.1`'f�ya o�T �( 'z�j 3.•+ X:, aks:. �`y'r' 'Z S` -� [ � i�.I'� �'- �•+.f �4�,z��� ' =;+x': :fie x < �• +r>'• ..-TElSe*. r _ ' b'�i!, ? ny aa.� Yl! di, yy.y.�r:3�`• }, a+..:is'-, :';'`. s z i-.cn. ::c::. e--+�,'r. .-Ti.°ai+^G.�•/C- ':h��l�.�A`'..:- �*:'�t "S„ ` '. x[.y�'gS� ...j.tS:4.�,:1'.:�_`.,.•S4�dr is ir'.. y+.`£" Y_.:. ::r.V'� _ i�^r�afc�i:: {i.'i'2': - _ .. k.-Z-,%�•:n i`''@-'Fi?'d^.,`�jVa'laR..?-;.:.• S"""+i»::7;:'�1'-:ia-_yam•..%-rYa;.^..Z q7: :.,:�,tii-•M1,.,: +'y Ti•; a"- x _ s-'yutr '` � fa-r'�E_'g, � 1+'�a�-.�3=%a.� r'^.y .`��.+�., i�tt./iv; ,Gii:..is+_"_ -Ph �i+'••�,Sa '�+* � �fj;?e.. ._ n:.-C. .. Esc �.:.r.':, ^,.z.:,ar . .�. 'G..Y3•�'.s �'xa:o .x•.:,�-a�r.,a:.. .€r H s ��_ScC�• .tek'YY-a h r-,,,._�-��=�. + :?�-_. y �2 6�4 V� ,y 0 EX RA ZONE 48.14 AC. y�11p�y aye"5 vo4a�y EX MH-1 _ZONE 2 7.2 4 AC. e y� fx� y5' � TOTAL AREA 75.3B AC. v v SEEFRIED PROPERTY Patton Harris Rust & Associates C O (.0 O ZONING BOUNDARY 117 E. Picodilly St. Winchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGIN/A 12/12/2008 23 20 FAX 9104810585 �I • CANNON ... —... a.. ..— .. . �h 001/001 POWER OF ATTORNEY Know all men by these prese=: J That I / Li ,�I o cd T- have ttnede, constituted and appointed -aid by Thew praseuts, do make, constitute and appoint Willin n J. Lockhart, was-mlywie and lawfuLaumcneg, for mo and in my owne. place and stead, to -ijgnany duc oz other docatnencs and receive any Preceeds of Sale rttlative to the auk -of that czrtain property dweFibed an sttaehed Schedule -"A' cad to nudre all niommary transfers, assignments, and conreyanccs thaaoC with all r4cessary covenants, warramiesraedassuraoces, cad to SiM Seal, MA acknowlodge, and deliver the saint, and to do all such atl= acts, mauers, and thugs in n:Mon to the sale of said real mare as I mi&M or could coif acting pwsonwy, inciudiag spccificafly to apply for mooing oFTM said pippem, and to agree to and to submit any and ail . nieg prof fen -for Vie »id ptspeMl- turd hereby ra all ►aorful W. ts dour by my -said Mornvy-byvirtuc therrof. T%sfowa of Alwirucy 3bail nDt t =.tc on disalsi?ttpvf the principal. -- I_ WITNESS the followi ag ilgnatwe and xal this-L3 day of STATE OF Cr-�JA(tL (LA C171-M UN I V OF C1u r L� 1 6 hC (� , to -wit: r -) JrC " J f tte tf , a-rbtary public in and for the State aad +ti���fotnnid,�e herebfeereify mat f is sigoad to the tboegoing Powrer 4f46n ntey, dated -day of 2Mltaspawwdy apptsred beC the same in my State and won aforesaid 2910& AGiveav tndar my hand WsL daTof 1)J,(- My commitsioa ewiras. . �dG 1 d t- i r Notary Public b q2 6�4 r "4y 0 0 'I EX RA ZONE 48.14 AC. M ° EX M11--1-1 ZONE 2 7.2 4 AC. . yr. of TT+ TOTAL AREA 75.38 AC. v SEEFRIED PROPERTY Patton, Harris, Rust & Associates oZONING BOUNDARY 117 E Picadilly St. Winchester, Virginia 22601 p p Q- VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK CDUNIy, VIRGINIA 00:53 9104841487 M10Altl1 C1�h'Q ,<,�ii..'il'JNmFi''i4�' Aft;, , JOY E '21w PAGF 01 lift, ::11UR? HNkBA� ' gv':nnYo+t'•uVa inrr.: �+'r+In 'r,•': ....._.! ..... c, .............T.r.•wv.wr +s.w ..,, l., .... 1 STATE OF NORTH CAROLINA �• CUMBERLAND COUNTY OFFICE OF REGISTER OF DEEDS ONTH CANOtJttADEFARTUENT.LYFA HITNA#M &iU MN�ivicES - +��--. STATE CENTQRPOA"MT STA'7T3TIC3. p;C. VITAL RECDADS P10- ^ CERTIFICATE OF DEATH VOL 24 1 P1c4,3 . We N uk _ ,TELFDENT fFti A.M.selV FFJt OFATIr t&ft— 017, r..� Donald Lacthwr : Male I April 12 2006 M '1M. I�.A.e /M11 .rl�fawIAY1 �. 6J93 . 72 WArMTTff S. J1934 F CeAas,.il VA APh*DFO*CFf lh.NAqIan-- 1--� -_. e,� w.lVLoa'+.M .. Ye1f i.v.M+ `->ZA'Cuo.ew. O DO. OArEPt G IbWA ft a.. t•' ow— fSOFOIYI !n. b ror w Iit33 Screech OwI Dim a. HpPEId[LL$ . No CVNISPRLAND Yw.M-,Sa..Ir..�Iwe.a -aM ff uF. a.*w •ro. d .v,.ry.w w m Ir. ,aF•F01 is Married it- Tamara T' .a.Su inlendaM a.368MI system it. NorthCmolina _.aG-U.E.LAND u..i10 Mills- 0..4051 WillimrHill LulherDrive /.N b ANI • I Ia b G C.Ar., w,...n, ....rw+t..r we.tNw.. .te IS.eh1 .."9N•.O1 ern..wryF.m.....Y to,:1 e.wa.Il>tT•1 aJ ❑ To 1.l tr /a.■oh1 --iw. -No Jim 2d341� - -:. rs Csucaslan Its I IT, WiLliamJames -Lockhaa. ,t DellittElizabetH- Jenkuu f r a w .nw. .n. o .T.n Ar:•� ta: samara I ee k.. AM I W 11 9iR Luttta t tam f)Tty hftlJs 3Vorth Carolina FAMTL 4rrA..r..w. rerbrAw..er�ar..� v,arrr..ro..1.tY,t l,�•....+w�+.r+•..,�.r�rrw..u+ .-- R.�r►w'+Ir•1►1MMrwhf.r:-Za oTsr s�bus wr- Pa r.rMi-- Mr.w P..w rr SPAT! CAUfE lui�;2. Jr C1 of C,i1'I�s w seem) ! o11C To (OR K A ZwaOUENCEE OF)' S.au.•w.M etl m.e.I.ne A.-� 5`11= K�7�/T L-/�1, �. A+^T �•'►�k _ �tTvtow A►Aet�EouEF+ClEo? --`"�---•------ wr Fr'•.• VNDRI6 TI..O u LCC cA�r I uiL C I,r Aur,rw.u.r.. DUE TO (Ow Aa A COMMOl1ENCE 09) ..r.Yfu.Me•f WT. _ Ise " E FM a. .I�..bV or.6rAn.. ro •a �a7M s .rr 1... wr.. Ia.. AA 1 h AU v1 Irefa T.e. w.re W4&Vb Vv.. 4rlew"ab IT"a Ne) 1 i 11.. No :t► ! :,r. :: IA. muTxr A 81, 11F Oa1ED TO MIO CERTtFIED F A YED(CJU E.IAhMWO ON A W DIUI EXA"N*P'S CEP1IF1CATE OF O(1ATN ANY DEAN FAIuNG INTO "SF CATFGO01491S W l NINE NE AL F RFY TI F S~Vft f SbGhA 4 I:.. v ... .ffIRV��%S 1 - 1:M. d 10/a uii,.. U is. OMta IETZ - n.. ls_r.'es 1 13301 n Sltwt NC' 2#Jdl (re.....e I ar) ...I.rv.at VITA, 16CORDa 20 OF FUTIM SdeQ Yepez TcrTy Johnsuo 7517 Il. Volume Page This is to :artily that Ihi, 1, true ewd C.I:rCCt ur ub,uact u1 the otficiul record filed in this office. J. Lee Warren, Jr. Repstcr of Deeds 0_2 6_ 1 0 4 U9fumFxrlamd County yc "Iat r, O VYittttstrnay ac�J�,fficiai l U .te th,Alhe _ .day „Y 1{,,., - V ►"'�-3- y� f!• ' - ---' ---- 1)c�r,ulylA.•st;m! Rc1iS1er0f A i tiros?ula i4l<Vlwl?:Mh, Vt'vr7"Ai6ti�n,F1,+ I `Q A,.y • i.4 11•.•..... .dT.'!r.•.n,16 114c.•..N.-r:40AI 1+CMb f. •T:waeft eorxer 04/22/2006 00:53 9104841487 JOY BALLARD PAGE 02 0 1 0 FAST WILL AND TESTAMENT QF DONALD EUGENE LOCKN-ART 1, Donald Eugene Lockhart, of Hope Mills, NC, revoke my former Wills and Codicils and declare this to be my Last Will and Testament. -AimCLE 1 PAYMENT OF DEBTS AND EXPENSES A. 1, direct that my just debts, funeral expenses and expenses of last illness be first paid front my pstate. ARTICLE 11 DISPOSITION OF PROPER`I'V.- A. Residuary. 1 direct that--m =residuary estate be-distributed=to my spouse, Tamara Tippets Lockhart. if my spouse does not survive -men my--fe$iduary estate sshi01-1?e-istributed to my-d"Id(ren)in-equal shares. if a child cif=fiine does not survive=ttt"eh=decea sad child'"h&re--shall- be distributed in equal-s s to the children of 'suchaieceased child who :survive--me;-byright-vf-W=sentation.--if-a-child--W- ine-lou of survive me and has -no--eftildren who surrivc mc;= sush=-deceased chiWd* shar&-shalr -be distriWied in equal shims to my other child(ren), if any, of A4.1heir resgecti�t childien�by�ight bf:representatiorr. =}� wo c$ifid--vy mine survives me, and iFnvrte of ny diiiarsrcFcfrlwrev) are survived # shifd(renj, my residuary estate shatt-be distributed to The Church of Jesus' Christ of kairer-day Saints =.Perpetual. ucation Turrd'- -SzR_-Y- �iYy,= T, if such beneficiary does not survive me, my residuary estate shall be distributed to my heirs -at -law as determined under the laws of the State of NC. L -_- ARTICLE Ill NOMINATION OF EXECUTOR A. I nominate Standford 'Eugene-LmlAw1, -of`Provo; _it*lt and *Jill-Look_hart:Rctt, -of-Okatoks, Alberta, Canada, as Co -Executors, withotrt=°ixm__ If:one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole Executor wit`Tut bond. ARTICLE IV JDXECUTOR POWERS A- My Executor, in addition to other powers and• authmity�granted- by taw or necessary ors appropriate for proper administration, shall have the right:-&md power to Base, -sell, mvttgage, or otherwise~=ettctmtber any real or personal property that may be included in my estate, without order of court and without notice to anyone. 04/22/2006 00:53 91048414B7 JOY BALLARD PAGE 03 ARTICLE .V MISCELLANEOUS PROVISIONS -- A, Paragrapir-Ti#es and Gender. The titles given to---the--paragraphs of this Will are inserted for reference :,purposes-only-and-are--nrn-rto-be -consi-tiered as =#orating --a part=of--this Will in interpreti6its provisions- All ..._,..werxfs used in-this:_Wilh-in- any gender shaft ;extend.-Icv- ao&include all genders and -i- numbers when the context --or facts so -require, "d.-arty -pronouns- shall- he -taikett:•to =refer -to -the person or personas intended regardless of gender or number. l3. _T-hirty -Day-Survival -Requirement- for the-purposes--o—kierniining the appropriate 'distributions under this --Will, no person-- at=: organization shall tie deemed -to= have- survived me, unless such person or entity is also surviving on the thirtieth day after the date of my death. C. Spouse... Y -am--married- w -Tamara= Tippets- L'ockhut - and all refcredc' in this Will to "my spouse" are references to Tamara Tippets Lockhart. I D. Children. The names of my children are: Stanford Eugene Lockhart Jill Lockhart Rea Mark Tippets Lockhart Jeanette Lockhart= -•bales Joy Lockhart -Ballard Matthew Don Lockhart All references in this -Will -to "my Child'' or -"nay chiitirrn'' include the above child �or children) and any other children born to me or adopted by me after the signing of this Will. IN. W.lTN SS--WFRE0F, I have subscribed my name below, this -` day of S2QT 116eR _118r_Ac�o ji. - Donald Eugene We, the undersigned, hereby certify that the above -instrument, which consists of `"1 pages, including the page(sy which- contain the witness signatures, was signed- irr our sight and prelsence by Donald Eugene Lockhart (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at file Testator's request- a,7cr- in me Testator's -sight and -`presence, and in fl3e sigma and rresence of each other, do -2- 04/22/2006 00:53 9104841487 10 JOY BALLARD PAGE 04 .......... ___.__,_........ hereby subscribe our names and addresses as witnesses on the date shown above. I Witness Signature:, W-ftness, -Name---- Witnins A-Mress- witness Signature: Witness. Name: Witn=skddress: nl Witness Signature: Witness -Name: WAn ess Address: - 3, 04/22/2006 00:53 9104841487 10 JOY BALLARD CJ PAGE 05 AFFIDAVIT STATE OF k) COUNTY OF -Before me, the undersigned, on --this day personally appeared Donald Eugene Lockhart, and kacswa to me to be the Testator and the wittessm respectively, whose names act signed to the foregoing instrument. All of these persons were first duly sworn by me. Donald .Eugene Lockhart, the Testator, declared -to me -and so the witnesses, in my presence, that the foregoing instrument is the Testator's Will and that the Testator willingly signed and executed such instrument (or expressly directed another person to sign the instrument for the Testator in the Testator's presence) in the presence of the witnesses, as the Testator's free and voluntary act for the purposes expressed in the instrument. Each of the witnesses declared in the presence and hearing of the Trstator that the foregoing instrument was executed and acknowledged by the Testator as the Testator's Will in their presence and that they. in the Testators presence- hearing and sight and- at the Testator's request, and in the prrsence of each other, did subscribe their names to the -instrument as attesting witnesses on the date of the instrument. The Testator, at the time of the execution -of such instrument,' -was of full age, of sound mind, and the witnesses were sixteen years of age or older and otherwise co pttent- to -be _ vitttesscs. Donald Eu�ene Lockhart, Testator Witness 1. Witness Subscribed, sworn to and aAnoV4Cdgrd-befprr-me -bv Donald- Eugene Lockhart, the= �tator; and subscribed and swo before me by i��1�1L6� and witnesses, this U day of r- � �. 2i A.- _ ►. _lhVl- _.ul _. J.,- , Notary-P "ic. or- other utHcer authmin w-ta a and certify acknowledgemen and admiuistec oaths my r QAA I S,t OM E)� P I >e E--� 7 oCT -*) ot;9 .4- 1 3 HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 40 & MITCHELL WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 1999) 7 S 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAx 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON December 13, 2006 DENNIS J. MCLOUGHLIN, JR. VIA FAX 665-6395 AND U.S. MAIL Candice E. Perkins Planner II Frederick County Department of Plaiuling & Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Revised Proposed Proffer Statement Dear Candice: D EC 1 4 2006 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 By letter dated November 27, 2006,1 provided you with my legal review of the Proposed Proffer Statement on the above property. The Proposed Proffer Statement which I reviewed in my November 27 letter was the Proposed Proffer Statement dated October 3, 2006. There have been a number of subsequent revisions to the original Proposed Proffer Statement. I have now received a Revised Proposed Proffer Statement dated December 12, 2006. Therefore, I submit the following comments, which supplement my comments set forth in my letter of November 27, 2006: 1. The following sentence needs to be added to the end of the second paragraph, which describes the source of title of the Lockhart property: "Walter M. Lockhart died after Delitt Elizabeth Lockhart, and by will devised his interest in the property to his wife, Tamara Lockhart." • HALL, MONAHAN, Candice E. Perkins December 13, 2006 Page 2 ENGLE, MAHAN & MITCHELL 2. The Revised Proposed Proffer Statement has satisfactorily addressed Paragraphs 1, 2, and 3 of my November 27 proffer review letter. 3. Proffer 2.1 in the October 3 Proposed Proffer Statement has been deleted. Therefore, Paragraph 4 in my November 27 letter no longer applies. I would also note that Proffer 2.2 in the October 3 Proposed Proffer Statement, which provided that all utilities shall be located underground, has been deleted. 4. Paragraph 5 of my November 27 proffer review letter still applies, as to the now numbered Proffers 2.3 and 2.4. 5. The issue raised in Paragraph 6 of my November 27 proffer review letter, regarding the necessity of all owners of the property signing the Proffer Statement, has been, I believe, satisfactorily addressed. I have approved the form of a power of attorney to be signed by all owners of the property for whom William J. Lockhart is signing the Proffer Statement. A copy of the form of the power of attorney which I have approved is attached. The staff should be sure that the necessary powers of attorney are provided, and that there is attached to each power of attorney an Exhibit A containing the description of the Lockhart property included in the rezoning. I have advised the Applicant that faxed copies of executed powers of attorney could be provided for the Board of Supervisors' meeting, with the specific understanding that the originals of each of the executed powers of attorney would be promptly provided to me. 6. There was no Section 3 (Transportation) in the October 3 Proposed Proffer Statement which I reviewed. I have the following comments with respect to the proffers contained in Section 3: (a) Proffer 3.1 is a cash proffer. Therefore, I would reconunend that it be made Proffer 1.4 of Proffer Paragraph 1 (Monetary Contributions). (I would recommend that the heading of Paragraph 1 be changed to "Cash Proffers".) Furthermore, I would reconunend that this cash proffer be reworded as set forth on attached Exhibit B. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins December 13, 2006 Page 3 7. With respect to Proffer 3.2, 1 would reconuriend that in the second sentence the words "by recorded document" be inserted after the word "vacate". 8. In Proffer 3.3 I would recommend that the proffer be stated in two separate sentences, with the first sentence ending with the words "Brooke Road". I would also recommend that the words "prior to occupancy of the first building" at the end of the second sentence be revised to read "prior to the issuance of the first occupancy permit for any building on the property." 9. I would recommend that the signature page for the owners of the Lockhart property be as set forth on attached Exhibit C. If there are any questions concerning the foregoing comments, please contact me. RTM/ks Enclosures CC: Chuck Maddox via fax 665-0493 • Exhibit A POWER OF ATTORNEY Know all men by these presents: That I have made, constituted and appointed and by these presents, do make, constitute and appoint William J. Lockhart, Jr. as my true and lawful attorney, for me and in my name, place and stead, to sign any deed or other documents and receive any proceeds of sale relative to the sale of that certain property described on attached Schedule "A" and to make all necessary transfers, assignments, and conveyances thereof, with all necessary covenants, warranties, and assurances, and to sign., seal, and acknowledge, and deliver the same; and to do all such other acts, matters, and things in relation to the sale of said real estate as I might or could do if acting personally, including specifically to apply for rezoning of the said property, and to agree to and to submit any and all rezoning proffers for the said property, and I hereby ratify and confirm all lawful acts done by my said attorney by virtue thereof. This Power of Attorney shall not terminate on disability of the principal - WITNESS the following signature and seal this day of , 2006. STATE OF CITY/COU-NTY OF (Seal) to -wit: I, , a Notary Public in and for the State and. jurisdiction aforesaid, do hereby certify that , whose name is signed to the foregoing Power of Attorney, dated day of . 2006 has personally appeared before my and acknowledged the same in. my State and jurisdiction aforesaid Given under my hand this day of 2006. My commission. expires Notary Public 0 0 Exhibit B 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North - Fort Collier - Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the fluids, in full or in increments. Any unpaid portion of the $400,000.00 shall be paid to the County on a date two (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. William J. Lockhart, Jr. Joan E. Brock Exhibit C Walter M. Lockhart Robert S. Lockhart Tamara Lockhart Linda L. Wilson STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY The foregoing Proposed Proffer Statement was acknowledged before me this _ day of , 2006, by William J. Lockhart, Jr. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY The foregoing Proposed Proffer Statement was acknowledged before me this day of , 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney -in -fact. My commission expires Notary Public 0 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) and MI-I-1 (Mobile Home Co »munity) to Light Industrial (M1) PRO 1)ERTY: 75.39 acrer, +/ ; Tax Map Parcels 54-A-89 ()ortion), 54-A-91 (p )rrion) [the "Property") RECORD OWN I :It: William J, Lockhart cc als (54-A-89) & Arcadia Mobile Park, Inc, (54-A-91) APPLICANT: Seefried Propertics, Inc. PROJECT NAME; Seefried Property ORIC',INAL DATE OF PROFFERS: October 3, 2006 REVISION DATF.(S), 11/8/06; 11/9/06; 11/30/06;'12/5/06, 12/6/(,6; 12/12/06 Arcadia Mobile Park, Inc_ is the fee simple owner of Parcel 54-A-91 by virtue of that certain Deed from William J. Lockhart and DellitrJ. J.ockhnrt, as bminton;, and Arcadia Mot: ile Park, Inc., grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records, Williarn J. 1,i. ,ckhart, Jr,, Joan L, DLuck, Donald Rugci:r. I.uckl;art, W'Hlter M. Lockhart, Robcrt S. Lockhart. and I.inda L. Wilson arc the fee simple owners of Parcel 54-A-89, W ilh,,un j. Lockhart, Sr. obtained title to the property by virtue of that certain 1')eed from E, B. Clevenger, ct sl, dated January 23, '1948, and recorded J;tntrar, 27, 1948 in geed Book 204, Page 3, Frederick County, rec )rds. William ). l.ockhar.t, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, withom. qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellict F117abeth Lockhart flied, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98-123 in %Vill Iiool: 113, Page 94, 11rr only heirs at law were established as William J, Lockh art, jr., Joan F. Brock, Donald 1 :ujrene l xw1hsrrl, W;rltrr M. i.nrkhart, IZnlhPr.[ S. Lcickhsut and Linda L. Wilsor. . The undersigned hereby proffers that the use and developtncut of the subject property (Property"), v.. dencrihed nbove., shall be in strict conformance with the follc,winf; cun(Ji6or:c, In tlhc event Lhat the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall br null and void, further, rhes-: proffe.ts are corIlillgent upon final rezoning of the Property with "Final rezoning" defined as that rezoning which is In elfcct on the day following the East day upon which the Frederick County lioartl of County Sup- •rvisors (the "Board") decision grarlting the rezoning may be contested m the appri;priale eourl. If the Board'; decision is contested, and the Applicant elects not to suhmir development plans until such contest is resolved, the trrm rezoning shall include the day following entry of a final court order affirming the decision ul' the Buatd which has not been appealad, or, if ahpented. the day following; which the decision Iasi, hcrn :if(irrn rl on ;ri1,r nl. "I'hr 1-w,1di11g.; of the. proffers sea forth below have been prepared for convenience or referencr only and shall not control or affect the meaning or be taken as an Interpretation of any provision of the pro: fern. Thc. n•rm "Applicant" nti rcl'rrvncod herein : hsrll indudc within its meaning; all fULUrC owners and sucecs :,rs in 1 of 5 2 -d E6�,0-999-OirS N31S3H9h1IM UNHd d6E;EO 90 21 ��Q Proffer Strrtentcnt 0 40 Seq i-ied Property 2. 3. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for Ere and rescue purp09cs upon issuatlee of the first I)uilcling permit, 1.2 The Applicant shall contribute to tl-ic County of Predcrick the cum of 93,()t)0.00 for Sheriff:: office purposes upon issuance of the first building perirdt. 1.3 The Applicant shall contribute to the County of Frederick th : sum of $2,000.00 for general government purposes upon issuance of the first building permit. Site Dever men 2.1 Development of the Property shall not exceed 1,000,000 M11-Wre feet of gross floor area, Furthermore, office use on the site shall only be permitted as t n accessory to industrial uses. 2.2 Stormwarer manngeallen[ pond [itciliLios shall be lined Stith an impcscirn�r: eurfncc m avoid groundwater impacts. 2.3 Thr Applicant shall construct chc future access road ro Virginia Dcparuncnt of Transportation standards with a minimum pavement width of 26 feet. 2.4 Strcct trees shall be located a tY)Axl.nlutn of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building nn site. 2.5 A guotechnical analysis shall be prepared Arlcl submitted :o Frederick County for any structures prior to sire plan approval. Transportation 3.1 SiMUlLaneoLIS wid7 the transfer of ownership of ally or all hlrid subject to this rezoning or upon site plan approval of the first use, whichever comes First, the Applicant shall bond for off site road improvements in the aggrej�,I : Amount of 5400 000, Tlus funding is available for Frederick County to utilize. for local roadway improi cmcnts ar the C aunty's sole discretion. If after two years of posting the bond this funding has nor been requested then tile. bond shall cease and a cash payment made to Freder ek COuuty in the att)OunL Of $400,000 for the County's use for roadway improvements. 3.2 A direct connactimn hea\\'eCn the ProperLy and Furl Coll er Road Phall be pmhihired. Furthermore, the AppHCatll s1A11 Vacate the existing access ea; emcnt loeared nn nc(e property identifit:d s1s T.UX Map Parcel 54-A-92Ii within '120 days of rein Wi)g approval• 3.3 The project entrance will he. located On Brooke. Road, Lb--- Applicant shall construct a northbound right [Litt) lane on Brooke Road at the project c mrance prior to occupancy of the First building. SI(;NATURF'S.A1)1)RAR 0N'IT fI: I <7I,1.0WIN<; I :\C,;I{S 2of5 E'd E6f�0-S99-OrvS �131S3HONIM dNHd d6E:60 SO 21 oeQ j'rp'Ter $!al�mc /r! 0 0 ,Sccfried Property Respectfully subnutted, William J. Lockhart ct als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUN'1 Y, To -wit: The foregoing instrument watt acknowledged before me this __day of. 2006, by My commission expires Notary Public 3 of 5 -� -d E61'0-S99-0-17S H31S3H3WIM UNHd d6E1EO 90 2T �aQ proffer Statement • • Arcadia Mobile Park, Inc. By: Date: SPATE OF VJRGINIA, ATLARGE' GE' FRH'Df;RICKCOUN'1'Y, To -wit: The foregoing instrument was acknowledged before me this _ _day of 2006, by My conunission expires Notary Public 4of5 Seefried Property S-d E6+v0-999-0fr9 NI 11S�IH0NIM UNHd d0i,:EO 90 ZT oaci Proffer Stu[ement 9 • Seefried Properties, Inc. By; Date: STATI_, U I " V IK(iINIA, AT LARGE FR.EDERICK COUNTY, To -wit: The foregoing instrument wits acknowledged before me this 2006, by My corninitisioll expires Nol.at'y Pubk 5 of 5 Seefried. Property _day of , 9'd es{10-999_0�19 N1 IiSEHOWIM UiMd doi,:eo 90 2T oaQ Patton a • H rns Rust & Associates Engineers, Surveyors, Planners- Landscape Archifecfs, PHRA 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665,0493 Fax Transmittal 493 Organization/Company: Fax Number: r��Q 6�? - �l_S L( - From: %_�f� Project Name/Subject: <; CC; Total Pages inc uding cover: A hard copy of this fax ❑ will ® will not be mailed to you. Comments: NOTF-: This mcr,,,ahc is intended for the. u:c of T.be. addressee and maycontaiin information thaT is privileo,M and :unfi rnu;d, If you arc MA Lhc intended recipient, you :7r'N }rrr@by nc Lificd that ar_y dissenunauon of this cc iimunrcaT.l(171 in su. cdy pruhib)'i.rd. 1{ yr:>u rrc:r-i� r this (acsinulc in cn-or, plc: se notify r7,e irr7.mc,diately -'IL the number above. Tha ah you. T ,cl CS1710-299-0+1S z131S31-13N I M UHHd d6E s 60 90 Z T 0 PHR-h CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg Patton Harriost & Associates • Engineers. Surveyors. Planners. landscape Architects. , r r t rD 8 1006 December 8, 2006 HAND -DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application — Proffer Amendments Dear Mr. Mitchell: I have attached a revised proffer statement dated December 6, 2006 for the Seefried Rezoning application which I believe you will find satisfies all comments listed in your comment letter dated November 27, 2006. Additionally, per your previous discussions with Chuck Maddox, .we are in the process of obtaining revised Power of Attorney documents from each of the surviving siblings of William J. Lockhart, Jr. for your review. Lastly, we are also in the process obtaining the documents that verify the beneficiary of Mr. Donald Eugene Lockhart. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers Enclosure cc: Candice Perkins T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) and MH 1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 75.38 acres +/-; Tax Map Parcels 54-A 89 (portion), 54-A 91 (portion) [the "Property'] RECORD OWNER William J. Lockhart et als (54-A 89) & Arcadia Mobile Park, Inc. (54-A 91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE (S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54-A 91 (as delineated on the survey) by virtue of that certain Deed from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54-A 89 (as delineated on the survey). William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Delfitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98-123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. The undersigned hereby proffers that the use and development of the subject property ("Propert-/'), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last dayupon which the Frederick CountyBoard of County Supervisors (the "Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the dayfollowing entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the dayfollowing which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of anyprovision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 Proffer Statement 0 Seefried Property Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate the existing access easement located on the property identified as Tax Map Parcel 54-A 92B within 120 days of rezoning approval. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 Proffer Statement • 10 Seefried Property Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 Proffer Statemew 0 • Seefried Property Arcadia Mobile Park, Inc. IN Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of , 2006, by My commission expires Notary Public 4of5 Proffer Statement 0 Seefried Property Seefried Properties, Inc. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 PHR1\ CORPORATE: Chantilly VIRGINIA OFFICES: Bridgewater Chantilly Charlottesville Fredericksburg Leesburg Newport News Virginia Beach Winchester Woodbridge LABORATORIES: Chantilly Fredericksburg MARYLAND OFFICES: Baltimore Columbia Frederick Germantown Hollywood PENNSYLVANIA OFFICE: Allentown WEST VIRGINIA OFFICE: Martinsburg Patton Harrislost & Associates Engineers. Surveyors. Planners. Landscape Architects. • t-�f' -r' /? o h, O . �_iU�) December 8, 2006 HAND -DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application — Proffer Amendments Dear Mr. Mitchell: I have attached a revised proffer statement dated December 6, 2006 for the Seefried Rezoning application which I believe you will find satisfies all comments listed in your comment letter dated November 27, 2006. Additionally, per your previous discussions with Chuck Maddox, we are in the process of obtaining revised Power of Attorney documents from each of the surviving siblings of William J. Lockhart, Jr. for your review. Lastly, we are also in the process obtaining the documents that verify the beneficiary of Mr. Donald Eugene Lockhart. Please feel free to call me with any questions or comments you may have regarding this matter. Sincerely, Patton Harris Rust & Associates Patrick R. Sowers Enclosure cc: Candice Perkins T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) and MI-1- 1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 75.38 acres +/-; Tax Map Parcels 54-A 89 (portion), 54-A 91 (portion) [the "Property'] RECORD OWNER William J. Lockhart et als (54-A 89) & Arcadia Mobile Park, Inc. (54-A 91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE (S): 11/8/06; 11/9/06; 11/30/06; 12/5/06; 12/6/06 Arcadia Mobile Park, Inc. is the fee simple owner of Parcel 54-A 91 (as delineated on the survey) by virtue of that certain Deed from William J. Lockhart and Dellitt J. Lockhart, as grantors, and Arcadia Mobile Park, Inc., as grantee, dated February 6, 1979, and recorded in Deed Book 350, Page 481 of the Frederick County, VA records. William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson are the fee simple owners of Parcel 54-A 89 (as delineated on the survey). William J. Lockhart, Sr. obtained title to the property by virtue of that certain Deed from E. B. Clevenger, et al, dated January 23, 1948, and recorded January 27, 1948 in Deed Book 204, Page 3, Frederick County, records. William J. Lockhart, Sr. died and by his Last Will and Testament recorded in Will Book 75, Page 720, devised, without qualification, Parcel II to his surviving widow, Dellitt Elizabeth Lockhart. Dellitt Elizabeth Lockhart died, intestate, and by Affidavit recorded in Deed Book 934, Page 658 and documents filed as part of her Estate No. 98-123 in Will Book 113, Page 94, her only heirs at law were established as William J. Lockhart, Jr., Joan E. Brock, Donald Eugene Lockhart, Walter M. Lockhart, Robert S. Lockhart and Linda L. Wilson. The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick CountyBoard of County Supervisors (the "Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of anyprovision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1 of 5 Proffer Statement 0 0 Seefried Property Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the Counts use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. Furthermore, the Applicant shall vacate the existing access easement located on the property identified as Tax Map Parcel 54-A 92B within 120 days of rezoning approval. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the fast building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 Proffer Statement • 0 Seefried Property Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing imstrunent was acknowledged before me this day of , 2006, by My commission expires Notary Public 3 of 5 Proffer Statement • • Seefried Property Arcadia Mobile Park, Inc. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 4of5 Proffer Stateinent 0 Seefried Properties, Inc. Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 0 Seefried Property The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 %E Dec.13, 2006 9:28AM • 11 N o , 3 4 9 0 P- 1 HALL, MONA.H,AN, ENGLE, MAHAN & IN11TCHELL A PARTNF BSHIP OF PROFESSIONAL (:OuPORATIONS ATTORNEYS AT LAW WILBL)R C. HALL (1892-1972) 7 & 307 EAST MARKET STREET 9 EAST BOSC'AWEN STRI';1';-r I-HO AS V. MONAHAN (1924-1999) LEESBURG, VIRGINIA WINCIIFSTER, VIRGINIA SAMLIEL D. ENGLE TELEPHONE, 703-777-1050 TELEPHONE: 540-662-3200 O. LELAND MAIiAN FAX: 703-771-4113 VAX! 540-6624304 ROBERT T. MITCHELL, JR. E-MAIL: lawyersnhallmonahan.com TAMES A. KLENKAR STEVEN P. JAC.:KSON PLEASE REPLY TO: DENNIS.). Mc1,MIGHIAN, JR. P.O. ROX 848 WINCHESTER, VIRGINIA 22604-0848 TRANSMIT TO: Name: Location; Fax No. FROM: Name: Location: Fax No.: MESSAGE: FAX TRANSM_I_TTAL SHEET DATE: 12/13/06 PERSONAL AND CONFIDENTIAL Candice E. Perkins 665-6395 Robert T. Mitchell, Jr. Winchester, Virginia (540) 662-4304 See letter attached dated 12/13/06. I am also enclosing a copy of the Revised Proposed -Proffer Statement dated December 12, 2006. TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 13 Dec,13. 2006 9:28AM No.3490 P- 2 0 HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1692-197Z) & MITCHELL THOMAS V. MONAHAN (1924-1999) 7 S 307 EAST MARKET STREET u EAST BOSCAWEN 4TREE'i SAMUEL D. ENGLE Ltt3G7UNG, VIRUINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703.777.1050 TELEPHONE `,4()MM _i:On ROBERT T, MITCHE,I.L, JR, FAX 540-002 mi. JAMES A, KLENKAR E-MAIL Iawyom@ha1Imon9hpn.rom STEVEN F JACK50N December 13, 2006 DENNIS J. MCLOUGHLIN, JR. VIA FAX 665-6395 AND U.S. MAIL Candice E. Perkins Planner TI Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Revised Proposed Proffer Statement Dear Candice: PL.eAUF RCPLY TO: P- O. E30X 846 WINCHESTER, VIRGINIA 22604-0848 By letter dated November 27, 2006, T provi ded you with my legal review of the Proposed Proffer Statement on the above property. The Proposed Proffer Statement which I reviewedin my November 27 letter was the Proposed Proffer Statement dated October 3, 2006. There have been a number of subsequent revisions to the original Proposed Proffer Statement. I have now received a Revised Proposed Proffer Statement dated December 12, 2006. Therefore, I submit the following comments, which supplement my comments set forth in my letter of November 27, 2006: 1. The following sentence needs to be added to the end of the second��PO)A paragraph, which describes the source of title of the Lockhart property: "Wafer M. Lockhart died after Dclitt Elizabeth Lockhart, and by will devised his interest in the property to his wi Fe, Tamara. Lockhart." Dec,13. 2006 9:28AM No,3490 P, 3 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins December 13, 2006 Page 2 2. The Revised Proposed Proffer Statement has satisfactorily addressed Paragraphs 1, 2, and 3 of my 'Noveniber 27 proffer review letter. 3. Pro Ffer 2.1 in the October 3 Proposed Proffer Statement has been deleted. Therefore, Paragraph 4 in my November 27 letter no longer applies. I would also note that Proffer 2.2 in the October 3 Proposed Proffer Statement, which provided that all utilities shall be located underground, has been deleted. 4. Paragraph 5 o f my November 27 proffer revi ew 1 etter still applies, as to the now numbered Proffers 2.3 and 2.4. 5. The issue raised in Paragraph 6 of my November 27 proffer review letter, regarding the necessity of all owners of the property signing the Proffer Statement, has been, I believe, satisfactorily addressed. I have approved the form of a power of attorney to be signed by all owners of the property for. whom William J. Lockhart is signing the Proffer Statement. A copy of the form of the power of attorney which I have approved is attached. The staff should be sure that the necessary powers of attorney are provided, and that there is attached to each power of attorney an Exhibit A containing the description of the Lockhart property included in the rezoning. 1 have advised the Applicant that faxed copies of executed powers of attorney could be provided for the Board of Supervisors' meeting, with the specific understanding that the on ginal s of each of the executed powers of attorney would be promptly provided to me. 6. There was no Section 3 (Transportation) in the October 3 Proposed Proffer Statement which I reviewed. I have the following comments with respect to the proffers contained in Section 3: (a) Proffer 3.1 is a cash proffer. Therefore, I would recommend that it be made Proffer 1.4 of Proffer Paragraph 1 (Monetary Contributions). (I would recommend that the heading of 'Paragraph 1 be changed to "Clash Proffers".) 'Furthermore, I would recommend that this cash proffer be reworded as set forth on attached Exhibit B. Dec,13, 2006 9:28AM No,3490 P, 4 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins December 13, 2006 Page 3 7. With respect to Proffer 3.2, I would recommend that in the second sentence the words "by recorded document" be inserted after the word "vacate". 8. In Proffer 3.3 I would recommend that the proffer be stated in two separate sentences, with the first sentence ending with the words "Brooke Road". I would also recommend that the words "prior to occupancy of the first building" at the end of the second sentence be revised to read "prior to the issuance of the first occupancy permit for any building on the property." 9. I would recommend that the signature page for the owners of the Lockhart property be as set forth on attached Exhibit C. If there are any questions concerning the foregoing comments, please contact me. truly yours, Robert T. Mitchell, .RTM ks Enclosures CC; Chuck Maddox via fax 665-0493 Dec,13. 20061 9:28AM N o - 3 4 9 0 P. 5 Exhibit A POWER OF ATTORNEY Know all men, by these presents: That I have made, constituted and appointed aad by these presents, do make, constitute and appoint William J_ Lockhart, Jr. as my true and lawful attorney, for me and in my name, place and stead, to sign any deed or other documents and receive any proceeds of sale relative to the sale of that certain property described on attached Schedule "A" and to make all necessary transfers, assignments, and conveyances thereof, with all necessary covenants, warranties, and assurances, and to sign, seal, and acknowledge, and deliver the same; and to do all such other acts, matters, and things in relation to the sale of said real estate as I might or could. do if acting personally, including specifically to apply for rezoning of the said property, and to agree to and to submit any and all rezoning proffers for the said property, and I hereby ratify and confirm all lawful acts done by my said attorney by virrue thereof. This Power of Attorney shall not terminate on disability of 1.he principal. WITNESS the following signature and seal this day of , 2006. STATE OF CITY/COUNTY OF Seal) to -wit: 1, _ , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , whose name is signed to -the foregoing Power of Attorney, dated day of . 2006 has personally appeared before my and acknowledged the same in, my State and jurisdiction aforesaid 2006. Given under my hand this day of , My commission expires Notary Public Dec.13. 2006 9:29AM • No,3490 P- 6 Exhibit B 1.4 The Applicant shall pay to the County the total sum of Four Hundred Thousand Dollars ($400,000.00), to be used by the County, in its discretion, for transportation improvements in the Route 11 North - Fort Collier - Route 7 East area. Within five (5) business days of transfer of ownership by the Record Owner or Record Owners of all or any part of the Property, or upon approval of the first site plan on the Property, whichever first occurs, the Applicant shall provide to the County a letter of credit or other instrument, in a form satisfactory to the County, upon which the county may draw the funds, in full or in increments. Any unpaid. portion of the $400,000.00 shall be paid to the County on a date two (2) years from the date the aforesaid letter of credit or other instrument is provided to the County. Dec,13, 2006 9;29AM No,3490 P- 1 William J. Lockhart, Jr. Joan E. Brock Tamara Lockhart STATE OF 'VIRGINYA, .AT LARGE FREDERICK COUNTY 13xhibit C Walter M. 1_,ockhart Robert S. Lockhart I.,inda L. Wilson The foregoing :Proposed Proffer Statement was acknowledged before me this . day of , 2006, by Wi 1 li am J. l ,ockhart, Jr. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY The foregoing Proposed Proffer Statement was acknowledged before me this day of , 2006, by Joan E. Brock, Tamara Lockhart, Walter M. Lockhart, Robert S. Lockhart, and Linda L. Wilson, by William J. Lockhart, Jr., their attorney -in -fact. My commission expires Notary Public Dec,13, 2006 9:29AM N o . 3 4 9 0 P- 8 REZONING; PROPERTY, REC01kD OWN I,:R: APPLICANT; 1'RU f 13CT NAME; () K IG IN AL DATE OF PROFFERS: REVISION PROPOSED PROFFER STATEMENT RZ. # Mural Areas (RA) and IvII3-1 (Mobile Home Co t)tt'runity) to Light Industrial (M1) 75.3R acrer, +/ Tli x Map Parcels 54-A-89 (portion), 54-A-91 (p )ruon) [the "Property"] William]. Lockhart ct als (54-A-89) Arcadia Mobile Parr Inc. (54-A-91) Seefried Properdas, Inc. tieefried Property Ocrober 3, 2006 11/8/06; 11/9/06; '11/30/0C; 12/5/UG; 12/0/(.6; 12/12/06 Arcadia Mobile Park, Inc, is the fee simple owner of Parcel 54-A-91 by virruc of that cerrain Deed from \VWiatn J- L 3ckl-,art and I�ellitr). 1.ockltart, as gmrrtorr, nhd Arcadia MoL. ile Park, Inc., n-, grantee, dated February h, 1979, and recorded in Dced Book 350, Pagc 491 of rite Frederick C ourlt'y, VA rccurds. William J_ Ta;ckltart, Jr., )ir+u� L. Dw(.k, DuLrald Rugcuc [A)CUNTL, 1'721ter M. Lockhart, Robcrr S. Lockhart and I.inda 1r. Wilson tLre tiro fee simple owners of Irarcel 54-A-89. W illi:tm j. Lvckhnrt, St, ebtaincd title to the properly by virtue of that cerTain I)eed from E. B. Clevenger, et £1, dated January 271, 1948, and recorded Janu:Lry Z1, 1948 in Deed Hook 204, Png� 3, Frederick County, rec-)rds. William J. Lockhart, Sr. died ;old by his Last Will and 'Testament recorded in Will Book 75, Page 720, devised, wirhoul, clualificadon, Parcel I1 to hiS surviving widow, Dellitt Elizabeth Lockhart Dellitt 1•:li7,aberh Lockhart &LI, intestaw, and by Affidavit recorded ill Deed Book 934, Page 658 and documents filed as pnzt of her Estate No. 98-123 in W-LU Boot: 113, Page 94, her only heirs at law were esrablished ns Williarn J. Lockh Izt, Jr., join Ii. Brock, Donald F•:ugcne Ixw-khart, Wnitrr M. T.nrkhnrt, Robert S. Lockhartand Linda L, WiLKor. -I Itc ltndenigned hereby proffers that ncc use and develuprnClit Uf Lhe subjccr propcm ("Property"), nn described abOvc-, shall be in stricr conformanec with tha folio Axle cunditjvr.. In r1�e event, that the :(�cwe referenced MI conditional rezoning is not granted as applied for by the tfrplicanr ("Applicant'), these pruffcrs shall be deemed wirhdrnwit and shall be null and void- Further, riles,: prcrffc.ts axe corlLinl?ent Upon final rezoning or rile Propetcy with "final rezoning" defined as char re9.oninp. which is jr, elhct on the clay following the last flay upon which the Frederick Cotinry L3oard of ( ULIrlty Sup,-rvisors (thc " Ronrd') decision grancittg the rezoning may be contested in the ahprc;rptialr courL. If the Board'; dcciyion is coil tcsrod, and rite Aj)plicAnt elects not to submir develrrpment plans unlit such contcsr k resolved, rho form re --toning shall include tile final e day Following entry of a court order afftrmingr nc� decision r,t' lilt Buard ,which hats not been appealed• nr• iF ahpealc•cl. the Slav fvlloNvine which the decision hn t 15attn of inn -d art -,i[,pral- 'll,c hrnrhngs of nc�. proffers set r0rd1 helow have bcen prepared for convenieltce or refercnct only and shall not control or ,10veL Lhc rncnning or be taken as art inrcrl?relntiim of any provision of the prq;'fcrs_ The runt ILAI)plicnnr" ,tg referenced herein :--hnl1 include W10111i its mc;tnauir All fuLurc owner c And succcas:�r t Ili intcn :,t_ 1 of z -d est'0-999-01ls 2131S3H'ONIM UNHd d6E teo 90 i!T oaa Dec,13. 2006 9:29AM Proffer Shrtc.-mvit • • No.3490 P. 9 Scq i-re:d Prof>erty Nfoneta C ntribution 1.1 The Applicant shall co,uribute. to the C:uunly of Frederick the sum of S15,000.00 for Ere and rescue purposes uprn1 issuance Of the firs( building permit. 1.2 T1)r AppUr.,n( bhall cone.-ibutc to d, County of I rccicrich the of 93,0OO.00 for ShetiCQ; Office purpwcs upon issuance of the first- building permit. 1.3 The Applicant- shall conrribute to the Coutlty of Frederick th - sum of $2,000.00 for general governmem purposes upon issuance Of the first building pczn-it. ? Site Devglo ment 2.1 Dcvclopmenc of the Pmperry shall not exceed 1,000,000 ;ccjuarc feet oC cgOss floor art-,[. Fusthcrmorc, office use on the site shall only be permitted ns ! r, icccssory ro industrial uses. 2.2 Stormlvarcr m1n,gcatlen[ pond C:tci]ideu shall Inc lined -,tzrh on imPccvion„ rurfncc rr) nvoiei groundwarer impactq. 2.3 '11ir Applicant shall construct t-hc fururc access .road to Virginia D4p;trt_rr1en( of Tr;[neportauan standards with a minimum pavement width of 26 Ccc.t. 2.4 Street tree shall be locared n nutxirrnitn of 50 feet apart along both sides of t-hc Fururc access ronri_ SnId street trees shall be pLanted prior to occupancy of a ny building nn 11;16e- 2.5 A geotech nical analysis shall be prepared and submitted :o Frederick County for any structures prior to sire I -)Intl ;ipproval_ 3. Tra��st)ortation 3.1 Si[11u1t'InQQU5 wit-h the transfer or ownership or any or all Lind subject to this tenoning or upon site plan approval of the first use, wluchevcr climes fi-"� the Applicant shall bor:I8 for off site road improvements in the a&grej�.IW amount of $400 000. This Funding is avvlable for 1"rcdcrick Counry to utilize for load roadway improi cn•icnt% ar t-hc Comity's sole discretion. If after two years of posting d-ie bond this fundirg has nor bacn redues(ed then the bQnd shall cease and a cash payment made ro Freder ek Cnuuty III tht ;tmoun( of W0,000 for llu• Cuunty's use for roadway improvement; . 3.2 A dircet connection he(,veen tile. hrupuMv and Fort Coll cr Road ,;hall be prohibired_ I:urrherinore, rho Ahp)IICI tll shall vacate the existing access ca; emcm locsirc�d on rho properry idendfied ns Tas Map Pnrccl 54-A-92B within 120 clays of apprut'al. 3.3 The project enmince will he locarcd on Brooke. Road, lh. Applirint `hall construct n northbound right turn lotto On Brooke Rond nt the pro)cer c ntrance prior ro nc.cupancy of rhe, first buildin(ti. gI(.;N;%TUR1':_S:%PPEARONTHI-' FOI.1.()\VIN<; I 2of5 E'd ess60—S99-0-bS N3153HOWIM UdHd dsc tc0 90 21 Dea Dec,13. 2006 9:29AM j'rn' fer SeatcmCnl No,3490 P- 1C ,Sccfricd.Property Respectfully submitted, William J. Lockhart ct als By; b a [e: STA'!E OF VIRGINIA, AT LARGE FREDERICK COUMY, To -wit: The foregoing instrument was acknowledged before me this ____ `day of 2006, by My commission expires Notary Public 3 of j" -d csf'D- SSS-ObS 83IS3HON I M baHd d8c : Eo so El vaa Dec,13, 2006 9:29AM Proffer Stalemew I* N o . 3 4 9 0 P, 11 Seg1jI .'d Property Arcadia Mobile Park, Inc. �: Date: STATE 01� VIRCINIA, AT LARGE FRE'D1a?ICKCOUNlY, To -wit: The foregoing instrumcot was acknowledged befnrc me tlus _ _day of 2006, by My commission expires Notary Public 4 of 5 g•d EE{�0-S99-Oi�S �IBISDHONIM d�IHd C40-V : CO 90 2 i oaQ Dec,13. 2006 9:29AM Pruf er Scu[cnreni • No,3490 P- 12 Se-efried Property Seefried Properties, Inc. Bv: bate: , "TNIT* 01 V iMflNIA, AT LARGE FREDERICK COUNTY, To -wit: The Forecoing instrument Was acknowledged before me d-Lis ____ __—_day of 2006, by My eornrni;;,ivn expires Ni,l.ac•y hLIHC 5 of 5 g•d ccfbo-S99-ottS NEIS3H0N I M UNHd Boil =co 90 Zi oea Dec,13, 2006 9:29AM No,3490 P, 13 Patton Harris Rust & A06ates Engineer, Surveyors. Pfvnners. Landscape Architech. 117 East Piccadilly Street PR R-+ A WnchesTer, Vlrginio 22601 T 5ap.667.2139 F 540.665.0493 To: Fax Transmittal Organization/Company: Fax Number: /I� O From: �G o� Date: Project Name/Subject:.. CC: Total Pages inc uding cover: A hard copy of this fax ❑ will E'will nog be mailed to you. Comments: �d—P IV ['IS ear NOTE* This mcssa-e is intended foi the tisr. Cif uddrussee :uzG m.T cone n iaforn:anon uhaT is priVileged and -0FLfidrnucd, if y(.+u AN MA Lhc intcadcd reci1)ie;n; you :,re i,r.reby notified LhaE ar_y d*sselninazion of dais co iuuwticmirm ,c si:; ,ly pruhibii.cd, If ye,u r, r,;rwc L6 racsinv]c in crror, plcaac nn.ifj' 11c imrnediately al Lhe numbs: abo,,c. Tha ik you. T•d Es�ro-S59-Ot'S �JDISDHSN I M UNHd d6E : EO go 2 T r. �. Mr oaam E u PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) and MH-1 (Mobile Home Community) to Light Industrial (1\41) PROPERTY: 75.38 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] RECORD OWNER: William J. Lockhart et als (54-A-89) & Arcadia Mobile Park, LLC (54-A-91) APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 0 Proffer Statement 2. Site Development 0 Seefried Property 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Storinwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This fundingis available for Frederick County to utilize for local roadway improvements at the County's sole discretion. if at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 • Proffer StaterneW Respectfully submitted, William J. Lockhart et als By: 1,1 `_ Date: Seefr-ied Property STATE OF VIRGINIA) AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this r day of c-e v+'26E-1 2006, by v 1 ✓� Jc Ic1 �r�c t -1 My commission ex, ire c �Gu f 13 Notary Public �, 3 of 5 0 Proffer Statement Arcadia Mobile Park, LLC By: G� c Date: (, %� _ !� /.o 0 Seefried Property STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: CP fk � The foregoing instrument was acknowledged before me this day of 2006, by 1,) i � U A m J L6�14cfi --tom My commission expires Ai ar< d �.UD Notary Public 4of5 Seefied Property Proffer" Statement seefried Properties, ,Inlc. lip•: Il.,A I`�r°.l:,� Cdj Date: Ve 0:q 6 5'1':\'11✓ (�I� �r 1, AT LARGE COUNTY, To -wit: Cobb r� The foregovig instrument was acknowledged before me this �0_day of 2006, by .......... ,Mv coinn-us, i cti % p Notan, I'ubbc = G. 26. clo7 5 of 5 9 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6345 Know All Men By Those Present: That 1 (We) (Narne) Scefried Properties. Inc (Phone) 703.354.2699 (Address) 5350 Shawnee. Road Suite 150 Alexandria, VA 22312 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of 1 rederick, Virginia, by Deed Book 350 on Paae 481 and is described as Tax Map Parcel 54-A-91 Subdivision do hereby make• constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667-2139 (Address) 1 17 E. Piccadilly Street. Suite 200 Winchester Virginia 22601 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 X Rezoning (including proffers) _ Conditional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from [he day it is signed, or until it is otherwise rescinded or modified. In witness tl f. 1 hereto set my (our) hand and seal this —day of�• Si_naturc() I p (� p ,, Stale of _ l City/County of 1 A ��J I'o-wit: I D b�A S �-cl � �t It 1 a Notary Public in and for the jurisdiction aforesaid, ertify that the person(s) who signed to the foregoing instrument personally appeared before me and has ack vle.dged the same before me in th `,�V4481t1loa. jore.said (his f- day of g2(k,% t200 �t. Notary Puhli p,Vr Ooe co`� 111'! rrmIB'Itiu+\", . Commission Expires: 2 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: wwrv.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Seefried Propertic5 Inc (Phone) 703.354.2099 (Address) 5350 Shawnee Road. Suite 350 Alexandria VA 22312 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us). by deed recorded in the. Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 934 on Page 653 and is described as Tax Map Parcel 54-A-99 Subdivisi do hereby make. constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200. Winchester. Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name. place, and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits _ Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments 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 modified. In witness the .of, I �ue� l v hereto set my (our) hand and seal this day of Dfh/hlXt. 20(1 it , Signatures) 1 State of /Count CitY Y of I bh1J :To -wit: P L Vase) 1 Vase) a Notary Public in and for the jurisdiction aforesaid, •ertify (hat the per mri(s) who sioncd to the. foregoing instrument personally appeared /before _m'e and has ackn le �cd th same before me in thr, ; iwhctij$)n aforesaid this day ��(tl nT=, r-,My Commission Lxpires: Notary Publi = EXP•FE: GL-ORGIA - i A.UJ 26. Gi ode coo nn1i1kM\ 0 i Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. December 5, 2006 HAND -DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application — Required Signatures Dear Mr. Mitchell: I have enclosed executed power of attorney documents for the siblings of Mr. William J. Lockhart, Jr. which allow Mr. Lockhart to sign on behalf of his siblings in matters R+A related to Tax Map Parcel 54-A-91 in Frederick County, Virginia. I am providing you PH these documents in response to your comment letter dated November 27, 2006 regarding the Seefried Property rezoning application. In particular, the documents are CORPORATE: intended to address comment 6 of your letter, wherein you note that tax records Chantilly indicate multiple owners for the subject property. I hope that you find these documents VIRGINIA OFFICES: satisfactory in response to you comment. Bridgewater Chantilly Also, please note that a signature has not been provided by Mr. Donald Eugene Charlottesville Lockhart as he is deceased. A signature from his surviving wife, Tamara Lockhart, has Fredericksburg Leesburg been provided. Newport News Virginia Beach Please feel free to call me with any questions or comments you may have regarding this Winchester matter. Woodbridge LABORATORIES: Sincerely, Chantilly Patton Harris Rust & Ass iates Fredericksburg MARYLAND OFFICES: Baltimore — Columbia Patrick R. Sowers Frederick Germantown Hollywood Enclosure PENNSYLVANIA OFFICE: Allentown CC: Candice Perkins WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 •_, v=, V 1NIl11AT31-.I.-LC7CK� Jov 3Q 06 D4:17p A .. ,w lmLAjif 644-661W V p_2 LMUTED pOWEIR OF ATTCW'Ne Y XW0,W JJ1:-sdE8Y S: Timm -! x �A L - i orr ;�s� and md by. �. imY deed or ohm doe�enb aD3 .�....s..,.-w me P�_c �. -- se�ei.ne e p a� ssse t• m sale orb —mr— d boa \� �x"� 1F4 A, ,,Earr all -MUL to Mpg&= all necd "a.�"`a .zoning7tp1 _71_ n-a,a1n athcr. m sold 96,Gndgu. by my said gatff c,ota b=cbW an dixmbLu4y of d— �ry tygr eisase bcezoL 'ib+s I�aOed� pt`°`epwl_ /!A," � C E art a (� 2Wd- STATE CIE My g- -- - TlxdAicig and srr Sts� ffis.- p cattify � - . sited m S{areg . '_' d-jumisa:ctirn+ 20w bas P=Monnuy am—wd bCf°ce snt SrA arJaaow> � dam► NOTARY PUBLIC 1 ss wam Mein - - - - galin�UMh W54 My Commleei0}1£i19M�L- r - _ January 7I, 2W�-- �• • STATE OF UTAtI Dec 05 2006 1:32PM Br ck Cabinet Inc. 9104297625 Dec ^OL11 10:_3 a� --- -- �- ------ - ----- --- . P. ORNEY ZVOW MM4 BY Z!ffi ITS: _,IRA ae°d- atod by- do 41ous, wnAtm a!kd �r ��acf(ffME>` ra . =7 tree •ad �bt�sa��s moms w �c ati�ec e5xv"maa2M god sae pavorxsis a� she sdsef+e► �c sow _� uwecaSa$ dcsasi sold ia>z�alY -otr Kt6osa:� with An Qd10 coald Ze a -al Mdjalfsa WSW MMM sad - J rani exam as I mddr or fit aara L LcsdW =&* ®d oeaf m' NU lawlai mafa duos -by aq acid vittne baieoe~ 'this [aa d Power of AftowEMY AMU not 90muMEW ass 411mbafty of 'be = zoos_ amid vww — t S'tA►E l i �L1_ r .1s•9rit - �=�?Ct�> i tr:id= >wb0 VVILLV-11VI J. LU r-TMr%I JR sue 4694 N.I P-2 lvZai=ooc i.s:id Fax sao WT siTa Robert L_ Janeg III �Ili�dltR 4-X'`1oT �IpC . dp eeLlc9 cps{ � . / � d eact by- -rfL1� Aft�iaR �i11-! MY Qf.a Rad .¢Tape and to sign Y+d Dcaeecds-o��.dr eti+savv m *..sale of Itb= ali .. Z"pc- , fr P.kr rrY 9 t � t wi& all Am .ate ett,car� av� m lend esa.Sp hm shies to eo �e�iag perao,Q +!>DaS may, :,ea�i >e�a .tt tcaa>a >=e d� MY�e =ems by � -mor ��:.e�Polwt= of Altomcy af�alt rrc R:rmia.ee oa affability of tSe del. I STATE OF CITY/Cpf7i�'TS' of � A - wit: and for the S�a1C aft xi mc zo06 Uaa pemmdLY mt sad sew ,�;� L - - , s —d j-M dieaof. 'afoc�id -- GiersfmdertwXl.aodtbia�Q,� � 7t)OG. �F�ai•�idcraq.y� -. %- - r _ lvat>I1t�rP Notary -c - - z'° s6/-L-79R-oys ter '12MHx�0 ► Vt'tftTl(N1 IL/vY/LVVO 10. IJ rnA JVYOYJJJYO rMr r% I u e%Mt UUMUJJUUJLU WILLIAM J. WHART, JR 54C&1799 XXMlrr rb t"OWMOF A'iTCWNErY KNOVtA'tZ-1fflN B7f IFIESBF�ESENI3: - 7bmt L. GtA-Z'--,fA At 1e a 10417' ®d eapou _ �pza>mts�alal nssia�e. -oad�- �a...a S �xK lav► w aG' mcay� fat2 me abd is oamrL-]I'-- =d vNed-e-ulp sew dood,or otimm dew tooeive ale lsliMf i� %b&-4r1a-1c1f dint carsam7rmpertlrdco=t%P d as ai toe .', odd to maim aK _ Haim -I ,W "Af ;Sac am.v:ao�emi,miad4sslra,asa�aoec�e� �d�fiv amid to do mia smeb odsac mew-n mews ®d Odrop ibisLad m to too s s&Af.aeid zeal MM -or ovol&do b=cby rft* hied aeafirad *A lawful == do= ?' f vkwc,betv6L 'ibis Iimift mt tesa a omi< dlm psicleeTpaC .. %TrNE.4m Thmi ffiAasldee_si as a�LaeaL Sr day a - IQJ v v I I U U 1 pI a3. miss >ti. r 1> w and aa#s and smakwilmd if, with all 'tbcaame+: aslmitta ry cry said LliLy or the � zoos. STATE OE CTIY/Co �3F - -rasa=wir_ t _i,sa Ear ffic sceea md is - - ��az rs.R gr.�...2 {..,t..w P�pf,AptaCae,�r, dstnd _ �!L- .. d.e►.o� 2006 bm I Ity 8tawe amd oOva ed�resai+d,. =y I PUB NOTARY PUB is i STATE -r1F-*19; -,,j4 f" -( - - -. Noiiry i7bC • ARMAkli. RIiILLIPS i __ . I National Bank '� -P, O:_sn,� I t Rb-i rrsna wv 2417Q i • • 'L'IVVL X34OW AL-T-NOE i BY TEUES -PRESENTS. I7�ei �BEA� .S ac1lNRRt' t� � Md a,PPoixftc , and by. Z�e- fir AdO xmake. cansft3ECiiLtl"appoUr F (f } her my ft"a N=d lz aQDiIIGy; —mbe p].6= m d-su=d. to siVa any dccd OLm C thm docunm=a� rOCtX7�C�S !!�CTCiaaVCia-tb= 8 of marcercminpROPem as d sr3a , add to rn AUi ZocIg k it P.topEPTy dblk!h an seoes:+aryeoveaaa��" - �,�...--r �.r••-a••�---��msddr5svtitlaC�atae; dad to do all such othes�ets� Bale df rad r=i eatmte Ms ! atilt _ matiQa-asd" nesZn etsr or could do if r.-aug z—Ity. aazd T herby rang and cooSazA_aluLv,&xd acf dm= by my sa;a e ro®ey by vi "W- Thiwtimilcd Poz of ney�2rz c tcrmimmic as disability of the STATE aF CtTy-/COUWT -�F - V ti t.-�- r -, _a_ watamy i'_/abbc -in and ED* ,� S?"C csd j afdaemmidAdbttb � Lff-y UNU # �['� -: - C ,�C 14�� � whose, name is sad to the f weSginC_Limited Pawn of Atwrnc:X-dabmd- IL_day-of {�- YYk, ac�c 2006 has aforesaid_ and juAsdiadon Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. E5 JII,L 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot & Gentlemen: Thcrc are 4 reasons why the subject rezord-ng should, receive your app rov.al- H(1) Wednesday night. interest- The timing is important to the industrial partners (2) The rezoning will erase 27.24 acres of Residential Zoning (mobile home) CORPORATE: which projects into- the existing developed industrial area and- is a "By Right„ Chantilly use that is in conflict with the established uses. VIRGINIA OFFICES: �7 (3). The proposed riser intends a major innvestment which will provide- balance in.. Bridgewater the local economy through creation of jobs and tax base. Chantilly (4) The site is in conformance with the Comprehensive Policy Plan. Charlottesville Fredericksburg Leesburg For your infor=60n, Seefried Properts, lnc- will transfer this. property,- when. Newport News rezoned, to the Johnson Development Assoc., Inc. of Spartanburg, South Carolina. Virginia Beach Johnson. is also intending to purchase- the. undeveloped land adjacent to Wo . - Winchester Pasta, which is currently, zoned M-1. The Johnson Group since 1987 has developed Woodbridge over 9,o00,00a SF of industrial buildings for use by numerous manufacturing and - LABORATORIES: Chantilly distribution related industries. Fredericksburg MARYLAND OFFICES: Johnson. is also the principal developer of the Holland Industrial. Park ir'- Isle of Baltimore Wight County, Virginia with plans for over a million square feet of speculative Columbia industrial space by 2008_ They are recommended by the Virgina Econoiimic- Frederick Germantown Partnership. Hollywood PENNSYLVANIA OFFICE: 7 /� LY ',Jy 77totaling The site will- support a buildings totaling 1,0.00,000 SF. 0-n-cc the first building is Allentown occupied, they will begin the next. Each building represents a $12,000,000 WEST VIRGINIA investment and once occupied will normally provide. another $12,0.0.0,000 in - OFFICE: machinery, tools and properties. Many jobs will be created in this complex. Martinsburg T 540.667.2139 Johnson looked at. a number of different, sites before choosing Frederick- County. F 540.665.0493 117 East Piccadilly StreetAll of the wise planning decisions made over time by the EDC, Planning Suite 200 Commission and Board of Supervisors have made this possible. Winchester, VA 22601 0 Please accept the revised proffer statement which addresses certain VDOT concerns. We will be in contact with you before the meeting to see if you have any questions. Sincerely yours, PATTON HARRIS RUST & ASSOCIATES C. E. Maddox, Jr., P.E., Consultant PR+A T4 CEM/kf Enclosure cc: Steve Cloud, Seefded Properties, Inc. Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker \J Ll HALL, MONAHAN, ENGLE, MAHAN & MITCHELL NOV 2 7 2006 A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) 7 s 307 EAST MARKET STREET 9 EAST BOSCAW EN STREET THOMAS V. MONAHAN (1924-1999) LEESBURG, VIRGINIA WINCHESTER, VIRGINIA SAMUEL D. ENGLE TELEPHONE 703-777-I OSO TELEPHONE 540-662-3200 O. LELAND MAHAN FAX 540-662-4304 ROBERT T. MITCHELL, JR. E-MAIL lawyers@hallmonahan.com JAMES A. KLENKAR November 27, 2006 STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Candice E. Perkins Planner II Frederick County Department of Plaiuiing & Development 107 North Kent Street Winchester, VA 22601 Re: Seefried Property (Seefried Properties, Inc.) Proposed Proffer Statement Dear Candice: PLEASE REPLY TO: P. O. BOX 846 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced 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. The proposed Proffer State,,.ent should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. 9 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins November 27, 2006 Page 2 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial". 4. Proffer 2.1, which states that "Site lighting shall be constructed in a mamzer that avoids any negative impacts to adjacent properties", is uiulecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator." 5. In Proffers 2.4 and 2.5, reference is made to a "future access road". Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als". This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of,5) by one person on behalf of "William J. Lockhart, et als". The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins November 27, 2006 Page 3 power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. 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 Conunission. If there are any questions concerning the foregoing comments, please contact me. yours, Robert T. Mitchell, Jr. RTM/ks Enclosure • 0 M" ow°yM Y�. o SEEFITIED PROPERTY Patton, Harris, Rust &Associates O U4 ZONING BOUNDARY 117 E Picatlilly St. Winchester, Virginia 22601 O \O VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA 0 u REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S): PROPOSED PROFFER STATEMENT RZ. # Rural Areas (RA) and MH-1 Light Industrial (M1) (Mobile Home Cominunity) to DEC 5 2006 75.38 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] William J. Lockhart et als (54-A-89) & Arcadia Mobile Park, LLC (54-A-91) Seefried Properties, Inc. Seefried Property October 3, 2006 November 8, 2006 November 9, 2006 November 30, 2006 December 5, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed witlidiawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "fmal rezoning" defined as drat rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (die `Board") decision granting the rezoning may be contested in die appropriate court. If die Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, die term rezoning shall include die day following entry of a final court order affiriuing the decision of the Board which has not been appealed, or, if appealed, die day following which the decision has been affirmed on appeal. The headings of die proffers set fords below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick die sum of $15,000.00 for . fire and rescue purposes upon issuance of the first building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of die first building permit. 1.3 The Applicant shall contribute to die County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first building permit. 1 of 5 0 Proffer Statement is Seefried Property 2. Site Development 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $400,000. This funding is available for Frederick County to utilize for local roadway improvements at the County's sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $400,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 The project entrance will be located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Proffer Statement Seefried Property Respectfully submitted, William J. Locldiart et als C Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregouig instnunent was aclmowledged before me this day of 2006, by My corninission expires Notary Public 3 of 5 Proffer Statement Seefried Property Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instnunent was acluiowledged before ine this day of 2006, by My corninission expires Notary Public 4of5 Proffer Statement Seefried Property Seefried Properties, Inc. By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2006, by My commission expires Notary Public 5 of 5 0' NOT CURRENT PROPOSED PROFFER STATEMENT REZONING: RZ. # 5 12C06 Rural Areas (RA) and MH 1 (Mobile Home Community) to Light Industrial (Ml) PROPERTY: 75.38 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A 91 (portion) [the "Property'] RECORD OWNER William J. Lockhart et als & Arcadia Mobile Park, LLC APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 November 30, 2006 The undersigned hereby proffers that the use and development of the subject property ("Propert)?'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced Ml conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the fast industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the fast industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 1 of 5 1 L J k, Proffer Stcatenient 2. Site Development ry y 7.1 ��U.R.p Swried Property 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. Ti-ansnortation 3.1 Within 120 days of rezoning approval, the Applicant shall bond for off site road improvements in the aggregate amount of $200,000. This funding is available for Frederick County to utilize for local roadway improvements at the Counts sole discretion. If at the end of two years from rezoning approval this funding has not been requested then the bond shall cease and a cash payment made to Frederick County in the amount of $200,000 for the County's use for roadway improvements. 3.2 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.3 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2of5 ry PROPOSED PROFFER STATEMENT REZONING: RZ. # I�L-06 Rural Areas (RA) and MH-1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 76.00 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] RECORD OWNER: William J. Lockhart et als & Arcadia Mobile Park, LLC APPLICANT: Seefiied Properties, Inc. PROJECT NAME: Seefued Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 November 9, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County SupelVisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If die Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, die terin rezoning shall include die day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, die day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick die sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 1 of 5 Proffer Statement Seefried Property 2. Site Development :?'��� " I � ,I 2.1 Development of the Property shall not exceed 1,000,000 square feet of gross floor area. Furthermore, office use on the site shall only be permitted as an accessory to industrial uses. 2.2 Stormwater management pond facilities shall be lined with an unpervious surface to avoid groundwater impacts. 2.3 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a minimum pavement width of 26 feet. 2.4 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.5 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation 3.1 Within 120 days of rezoning approval, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall construct said improvement within 180 days of receiving written notice from the County and/or VDOT. If formal request for improvement is not made within 2 years of issuance of the first certificate of occupancy for the Property, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Within 120 days of rezoning approval, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at die intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of issuance of the fist certificate of occupancy for the Property, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at die project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Proffer Statement Respectfully submitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE SeefWed Property FREDERICK COUNTY, To -wit: The foregoing instrumeat was acknowledged before me this day of 2006, by 1.9 l i A ._.l , Lreg�j� q zT J s My commissiM I it f �` t k 7-0y'1 Notary Public ✓"J)/ �ila L-tA -N\ r 3 of 5 Proffer Statement Seefried Property Arcadia Moobile Park, LLC CURRENT By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this ` day of, 2006, by �I � . My commission expires Notary Public kW <j s lei` 4of5 Proffer Statement Seefried Properties, Inc. By: Date: Id 91PL Seefi-ied Property 46b STATE OF=ff����E �� �, To -wit: The foregoing instrument was acknowledged before me this day of � � , 2006, bT buf S X st r.' \\\tttkunuttr/rr�,i My coIT11111SS1O (� � .` ..... iy Notary Public VIIAIJY�•''� `�''�'c` G OR 1%LG. 26, 2 r cod`\\,. . r111tt11lllikll\\\ 5 of 5 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # /6L-06 Rural Areas (RA) and MH-1 (Mobile Home Community) to Light Industrial (M1) PROPERTY: 76.00 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] RECORD OWNER: William J. Lockhart et als & Arcadia Mobile Park, LLC APPLICANT: Seefried Properties, Inc. PROJECT NAME: Seefried Property ORIGINAL DATE OF PROFFERS: October 3, 2006 REVISION DATE(S): November 8, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed wididrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of die Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which die Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, die day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of die first industrial building permit. 1.3 The Applicant shall contribute to the County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 2. Site Development 2.1 Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties. 1 of 5 Proffer Statement Seefried Property 3. 2.2 All utilities shall be located underground. 2.3 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.4 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a iminitmum pavement width of 26 feet. 2.5 Street trees shall be located a maximum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.6 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. Transportation 3.1 Prior to issuance of the first industrial building permit, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall construct said improvement within 180 days of receiving written notice from the County and/or VDOT. If formal request for improvement is not made within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Prior to issuance of the first industrial building permit, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between the Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5'° Proffer Statement • 0 Seefi-ied Property Respectfully subinitted, William J. Lockhart et als By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing msttument was acknowledged before me this day of / y 6VPtRbc I_ 2006, by L,) " l 1 A N, .J 1 1-8c•K n w-T l s My commission expires 3 141ug L.( sf Notary Public M A +.� 01A M . ' Proffer Statement • • Seefried Property Arcadia Mobile Park, LLC By: Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was admowledged before me this 1 � day of WHC-- o 1>0-S 2006, by 1/-) 11 1 `'i n fA --F+ L9 c)c kc, sJ T2 . My cointnission expires Notary Public it �✓ 4of5 Proffer Statement 0 0 Seefried Property Seefried Properties, In . By: �!/l � V__ll,__.CdL) Date: 1 /I ri l pL 4(bro STATE OF , AT—L-IRGE CIO �bC--0 , To -wit: (•fj rG. The foregoing insttument was acluiowledged before me tlus �day of 2006, by eywf 5yA"S�tv My C01T11T11ss10 Xp ' ............... munnq. �i Notary Public ` �5�, �' 1 4'• v �SGI _ EXPIRES GEOROIA r AUG. 26, 2007 y \s 5 of 5 _ Y Cr T-jp -g% REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE(S) PROPOSED PROFFER STATEMENT RZ. # G�—fY_ Rural Areas (RA)and MH-1 Light Industrial (M1) (Mobile Home Community) to 76.00 acres +/-; Tax Map Parcels 54-A-89 (portion), 54-A-91 (portion) [the "Property"] William J. Lockhart et als & Arcadia Mobile Park, LLC Seefiied Properties, Inc. Seefiied Property October 3, 2006 November 8, 2006 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced M1 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezonuig which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning may be contested in the appropriate court. If die Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include die day following entry of a final court order affirming die decision of the Board which has not been appealed, or, if appealed, the day following which die decision has been affirmed on appeal. The headings of the proffers set fords below have been prepared for convenience or reference only and shall not control or affect die meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shallinclude widiui its meaning all future owners and successors in interest. Monetary Contribution 1.1 The Applicant shall contribute to the County of Frederick the sum of $15,000.00 for fire and rescue purposes upon issuance of the first industrial building permit. 1.2 The Applicant shall contribute to the County of Frederick the sum of $3,000.00 for Sheriff's office purposes upon issuance of the first industrial building permit. 1.3 The Applicant shall contribute to die County of Frederick the sum of $2,000.00 for general government purposes upon issuance of the first industrial building permit. 2. Site Development 2.1 Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties. 1 of 5 Proffer Statement • 0 Seefried Property 3 2.2 All utilities shall be located underground. 2.3 Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. 2.4 The Applicant shall construct the future access road to Virginia Department of Transportation standards with a niiiii-mum pavement width of 26 feet. 2.5 Street trees shall be located a maYirnum of 50 feet apart along both sides of the future access road. Said street trees shall be planted prior to occupancy of any building on site. 2.6 A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. Transportation 3.1 Prior to issuance of the first industrial building permit, the Applicant shall bond a westbound left turn lane at the intersection of Brooke Road and Fort Collier Road. The Applicant shall constrict said improvement within 180 days of receiving written notice from the County and/or VDOT. If formal request for improvement is not made within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.2 Prior to issuance of the first industrial building permit, the Applicant shall post a bond in the amount of $75,000 for partial funding of a signal at the intersection of Brooke Road and Fort Collier Road. If said traffic signal is not constructed within 2 years of posting bond, the Applicant shall be released from the bond and shall not be liable for said improvement. 3.3 A direct connection between die Property and Fort Collier Road shall be prohibited. 3.4 If the project entrance is located on Brooke Road, the Applicant shall construct a northbound right turn lane on Brooke Road at d1e project entrance prior to occupancy of the first industrial building. SIGNATURES APPEAR ON THE FOLLOWING PAGES 2 of 5 Proffer Statemew 0 0 Seefried Property Respectfully submitted, William J. Lockhart et als Date: %� ✓ e� STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instnunent was acknowledged before me this day of 2006, by My commission expires Notary Public 3 of 5 ''` Proffer Statemew • 0 Seefried Property Arcadia Mobile Park, LLC Date: %/ 6 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrnunent was acknowledged before me this day of 2006, by My commission expires Notary Public 4 of 5 Proffer Statement • 0 Seefried Property Seeftied Propetties, Imp. By: Date: STATE OF , A�FsE r-FE�bb 3`Y, To -wit: The foregoing insti:uinent was acknowledged before ine this iO'dayof 6K , 2006, by (ykrf S My corIIrmss1o1 Xp �l( ! Di Notary Public ��,,��OT';��'. EXPIRES a GEORGIA r Aug. 26, 2007 ` r cbU 5 of 5`: G,T:k,'e,'� u_.. 1'. C0UN�IY ` 1_ D`ERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 November 15, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Proposed Rezoning of the Seefried Property Dear Patrick: I have had the opportunity to review the draft rezoning application for the Seefried Property. This application seeks to rezone 27.24 acres from the MH-1 (Mobile Home Community) District and 48.77 acres from the RA (Rural Areas) District to the M1 (Light Industrial) District. Staff s review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property with a residential designation and the remainder with no designation. The residential designation reflects the existing MH-1 zoning of the site and its proximity to the existing Arcadia Mobile Home Park. The request to M-1 for this site could be consistent with the existing use in the area because the majority of the site is surrounded by the existing Fort Collier Industrial Park and Interstate 81. 2. Transportation Levels of Service. The Comprehensive Policy Plan calls for Level of Service Category C or better for proposed industrial and conunercial development. This application does not provide that Level of Service. 3. Traffic Impact Analysis (TIA). The TIA does not meet County standards. A few examples of shortcomings include: the inclusion of a Winchester Gateway hotel at 100sf is unclear, the numbers provided for Russell-Glendobbin are incorrect, the figure provided for Rutherford Farm Industrial Park is shown as only industrial and the modeling does not account for the maximum possible use of the property. I would also point out that some of the modeled improvements have not been proffered by anyone. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of the Seefried Property November 15, 2006 4. Impact Assessment Statement — Proposed Uses. The application states the rezoning is for Flex -warehouse uses and the TIA is based on 1,000,000 square feet of industrial uses. The proffer statement does not call for a specific use and unless a specific use is proffered, the County will assume the maximum possible development (office) as per the County's rezoning application, combined with the maximum possible floor space. At the maximum possible use, there is the potential for 1,881,000sf of office uses. A proffer to limit the square footage of the development to no more than 1,000,OOOsf would be appropriate as well as limiting office use on the site to accessory office only. 5. Site Access. Access to this site is proposed via scenario A or B; a definitive access point has not been provided. The impact statement indicates that the applicant is still pursuing access B. It was our understanding that this rezoning would not be brought forward until access point B was obtained. 6. Traffic Impact Analysis. As stated previously in the TIA and by the Virginia Department of Transportation, various transportation improvements are required to maintain acceptable levels of service at six different locations. The revised proffers submitted only address the westbound right -turn lane at the Route 11/Brooke Road Intersection (bullet point 2) and the northbound right turn -lane required for site driveway B (point 6). These proffers further state that these improvements will only be available for two years and if not utilized, the applicant will not be responsible for the improvements. Numerous other transportation impacts are noted in your TIA which has not been addressed (see VDOT Comments and TIA Conclusions). All impacts that this project creates should be mitigated by this project. 7. Two Year Stipulation for Proffers. The two year time period indicated in the transportation proffer is not appropriate. As proffered, if this development is not constructed within two years of the approval of the rezoning, the applicant has no transportation responsibilities. All transportation proffer improvements should be provided to mitigate the traffic impacts prior to the issuance of any building permit. 8. Proffer Statement (42.1 and 2.2). Proffers 2.1 and 2.2 are already required by ordinance and need to be removed from the proffers. It is not appropriate to proffer ordinance requirements. 9. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works and the local Fire and Rescue Company. The proposed proffers have been forwarded by staff to the Frederick County Attorney. 0 0 Page 3 Mr. Patrick Sowers RE: Proposed Rezoning of the Seefried Property November 15, 2006 Once attorney comments are received by the Planning Department, a copy will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 10. Special Limited Power of Attorney. Provide a power of attorney for Seefried Properties, Inc. 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, Candice E. Perkins Planner II Attaclunents cc: Patrick Barker William Lockhart, 1345 Baker Lane, Winchester VA 22603 Seefried Properties, 4200 Northside Parkway, Building 1, Suite 300, Atlanta GA 30327 CEP/bad Seefried Property - VDOT Conunents to Proposed Rezoning - Frederick County 0 Page 1 of 2 Candice Perkins From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Wednesday, December 06, 2006 11:00 AM To: 'Candice Perkins' Subject: FW: Seefried Property - VDOT Comments to Proposed Rezoning - Frederick County Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(a,co.frederick.va. us www.co.frederick.va.us -----Original Message ----- From: Funkhouser, Rhonda [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Wednesday, December 06, 2006 10:56 AM To: 'Patrick R. Sowers' Cc: 'CMaddox@shentel.net'; 'Eric Lawrence'; Copp, Jerry; Ingram, Lloyd; Alexander, Scott Subject: Seefried Property - VDOT Comments to Proposed Rezoning - Frederick County The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1328, 1322, 1320, 1323, 1200 and 11. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Seefried Rezoning Application dated October 3, 2006, revised December 5, 2006 addresses transportation concerns associated with this request. VDOT strongly recommends and encourages the developer to pursue access from the proposed rezoned property to Route 1323 via the Winchester Pasta Property. 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. 12/6/2006 Seefried Property - VDOT Continents to Proposed Rezoning - Frederick County E Page 2 of 2 Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 12/6/2006 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) 7 S 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON November 27, 2006 DENNIS J. MCLOUGHLIN, JR. HAND -DELIVERED Candice E. Perkins Planner II Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Seefiied Property (Seefried Properties, Inc.) Proposed Proffer Statement Dear Candice: NOV 2 7 ?_006 PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0648 I have reviewed the above -referenced 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. The proposed Proffer Statement should contain a paragraph setting forth the identity of the owner or owners of each parcel, and the source of title for their ownership. 2. The first paragraph of the proposed Proffer Statement states that the proffers "shall supersede all other proffers that may have been made prior hereto." If there has been a prior proffered rezoning on either of the properties, a copy of the previously approved proffers should be provided to me to supplement this review. If there has been no prior proffered rezoning, the above quoted language should be deleted. f. J HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins November 27, 2006 Page 2 3. In paragraph 1 of the proffers (Monetary Contribution), I would suggest that the word "industrial" be removed from each of the three proffers, so that the subject monetary contributions will be due upon the issuance of the first building permit on the property. Since the property is being zoned to an industrial category, the proffer should be due upon the issuance of the first building permit on the property, without having to make a determination as to whether the building being constructed is "industrial". 4. Proffer 2.1, which states that "Site lighting shall be constructed in a manner that avoids any negative impacts to adjacent properties", is unnecessarily vague. The proffer should either detail the specifics of the lighting, or add at the end of the sentence "as determined by the Zoning Administrator." 5. In Proffers 2.4 and 2.5, reference is made to a "future access road". Since the proposed Proffer Statement makes no reference to a Generalized Development Plan, nor any reference to a plat to be made a part of the proffers showing the location of the future access road, staff needs to determine whether it can reasonably evaluate these two proffers. 6. One of the record owners of the Property is shown to be "William J. Lockhart, et als". This indicates more than one owner. However, the Proffer Statement is set up to be signed (on Page 3 of .5) by orie person on behalf of "William J. Lockhart, et als". The Frederick County tax parcel information references Deed Book 934 at Page 658. The document there recorded is a Affidavit showing the heirs of Delitt Elizabeth Lockhart. That affidavit indicates that Delitt Elizabeth Lockhart died intestate (without a will), leaving as her heirs the six persons listed on the affidavit. Presumably, Delitt Elizabeth Lockhart was the owner of the property, and upon her death the title to the property passed to her six heirs listed on the affidavit. If this is the case, then each of the owners of the property must sign the Rezoning Application and the Proffer Statement, unless there is produced a legally sufficient • 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Candice E. Perkins November 27, 2006 Page 3 power of attorney for a person to sign these documents on behalf of one or more of the owners. I enclose a copy of the affidavit recorded in Deed Book 934 at Page 658. 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. If there are any questions concerning the foregoing comments, please contact me. y yours, Robert T. Mitdhell, Jr. RTM/ks Enclosure • 0 Patrick R. Sowers From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] Sent: Tuesday, November 07, 2006 1:40 PM To: 'Patrick R. Sowers' Cc: Ingram, Lloyd; 'Eric Lawrence'; 'Mike Ruddy' Subject: FW: Seefried Property - VDOT Comments to Rezoning Proposal This is being resent since bulleted items were not able to be viewed previously. From: Funkhouser, Rhonda On Behalf Of Ingram, Lloyd Sent: Tuesday, October 31, 2006 7:36 AM To: 'Patrick R. Sowers' Cc: Ingram, Lloyd; 'Eric Lawrence'; 'Mike Ruddy' Subject: Seefried Property - VDOT Comments to Rezoning Proposal - The documentation within the application to rezone this property appears to have significant measurable impact on Routes 1322, 1328, 11 and 7. These route are the VDOT roadways which have been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the Seefried Property Rezoning Application dated October 3, 2006 addresses transportation concerns associated with this request. The Traffic Impact Analysis supporting this rezoning request identified the following intersections as needing improvements to mitigate the additional traffic generated: * Route 11/Welltown Road: An additional eastbound left -turn lane, northbound left - turn lane and two (2) southbound left -turn lanes will be required to maintain an overall )intersection level of service "D" or better during 2010 background and build -out conditions. * Route 11/Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during 2010 build -out conditions. * Route 7/Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. * Brook Road/Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right turn -lane would be required for Scenario #B during 2010 build -out conditions. * Site Driveway #A/Fort Collier Road: Traffic signalization along the westbound left and right turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. * Site Driveway #B/Brooke Road: A northbound right turn -lane would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for Scenario #B. The proffers do not address any offsite roadway improvements. 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. 1 AD 6 B Mr. Patrick Sowers Patton, Harris, Rust, & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Rezoning Application for Seefried Property Frederick County, Virginia Dear Patrick: COUNTY of FREDERICK Department of Public Works 540/665-5643 November 9, 2006 FAX: 540/678-0682 We have completed our review of the rezoning application for the Seefried Property and offer the following comments: Impact Analysis Statement: Provide individual detailed discussions related to the site drainage,. environmental features (wetlands, karst geology, etc.), and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. 2. Impact Analysis - Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress/egress to accommodate truck traffic. When this point of ingress/egress has been achieved, we recommend that the existing 50-foot access easement across the jail property be vacated. Refer to page 2 of 5 Proffer Statement: We concur with the applicant's offer to construct a stoimwater management pond using an impervious liner to avoid groundwater impacts. We would further recommend that a synthetic liner be used because of the potential for sinkhole development which occurred in the adjacent pasta plant stormwater basin. The geotechnical analysis should include geophysical methods to accurately evaluate and locate potential subsurface voids. The analysis should be extended to the area or areas proposed for stoimwater management ponds. I can be reached at 722-8214 if you should have any questions concerning the above comments. Our approval of the proposed rezoning will be granted upon receipt of the revised impact analysis with the inclusion of the topics referenced in comment number one. Sincerely, Harvey I� rawsnyder, Jr., P.E. Director of Public Works cc Planning and Development file C:\Program Files\wordPerfect Office X3\Rhonda\TEMPCOMM> NTS\seefried property.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Thank you for allowing u.he opportunity to comment. 0 Lloyd A. Ingram Transportation Engineer )VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) Control number RZ06-0019 Project Name Seefried Property Address 117 E. Piccadilly St Type Application Rezoning Current Zoning MH-1,RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plana approved as submitted. Date received Date reviewed Date Revised 10/10/2006 10/11/2006 Applicant Patton Harris Rust & Associates City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fire District Rescue District 54-A-89,54-A-91 18 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Stonewall Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature Yes J. Neal Title • October 12, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates 117 B. Piccadilly Street, Suite 200 Winchester, VA 22601 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Seefried Rezoning; PINS # 54-A-89, #54-A-91 Dear Mr. Sowers: 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 identify a core battlefield within this area, but further research displays that this parcel has lost its integrity with respect to historic value. Thank you for the chance to continent on this application. Please call if you have any questions or concerns. Sincerely, Kevin T. Henry Plaruling Teclnlician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Rezoning Comments Seefried Properties, Inc. Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2'd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Patton Harris Rust & Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540) 667.2139 Location of Property: The Property is located West of 1-81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH-1, RA Zoning Requested: MI Acreage: 76.01 Dept. of Parks & Recreation Comments: Parks Signature & Date: % ✓�L� ��'UIJ Z1' �G Notice to Dept. of a •ks & Recreation —Please Return This Form to the Applicant u 12 Coordinator of Construction and Facilities Use Scnts An 41- 4' Per P., e� Gaj G O� �O F 4 Frederick County Public Schools Visit us at www.frederick.klIva.us October 27, 2006 Mr. Patrick Sowers Patton, Harris, Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Rezoning Comments for Seefried Property e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning review and approval for the Seefried Property. 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, Stephen Kapocsi Coordinator of Construction and Facilities Use ►C�i:IflIVi cc: Patricia Taylor, Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-4518 Ext 88112 1415 Amherst Sheet, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 lv�o0 a� -r14 s i in2 Comments Seefried Properties, Inc. Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: PlerLse 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: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located West of I-81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH-1, RA Zoning Requested: M1 Acreage: 76.01 Sanitation Authority Comments: L(/l " ill i 1-1et 1411_�11-6q t� 5�lidifiK v 70 NHO V1,41- 5E,q �i'ie 77) 7G4IS -:5//-K A / Sanitation Authority Signature & Date Notice to Sanitation A51hority — Please Return This Form to the Applicant 14 Rezoning Comments Seefried Properties, Inc. Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: ' Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Pro ert • Phone: (540) 667.2139 OCT 1 0 2006 .r J The Property is located West of I-81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zoning: MH-1, RA Zoning Requested: M1 Acreage: 76.01 Fred-WinchesteriService Authority's Comments: FWSA Signature & Date:�� Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant is • 0 Rezoning Comments Seefried Properties, Inc. Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Applicant'} Please fi11F oi;`� ,the >_iifoinlat7on as'acct�iately}as p`ossible�iioitdeiato assist the;Fleder�'ck; } � Wnhchester T�ea1ti11 Department>w�tl?. their iev�ew ;=Atfach a copy of your,�ap�l�eation,form,; ;' location map, proffer statement, impact.:aualysis, aud'tany other pertmeut mformah'on , Applicant's Name: Patton Harris Rust & Associates Phone: (540) 667.2139 c/o Patrick Sowers Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: The Property is located West of I-81 adjacent to the Fort Collier Industrial Park and Arcadia Mobile Home Park approximately 1000 feet East of the intersection of Fort Collier Road and Brooke Road. Current Zonng: MH-1, RA Zoning Requested: M1 Acreage: 76.01 Frederick —Winchester Health Department's Comments: Health Signature & Date: %Q ^1�3 Notice to Health Department — Please Return This Form to the Applicant �T,(7,a� MEJ ll 0 CT I o B`� :---------------.... ,.-- 15 , Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE SEEFRIED PROPERTY Stonewall Magisterial District October 2006 Prepared by: Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-0493 October 2006 Seefried Rezoning INTRODUCTION The 76.00 acre Seefried Property, identified as portions of tax map parcels 54-A-89 and 54- A-91, is ideally located for industrial uses. The Property is located adjacent to Fort Collier Industrial Park with access provided by connection the nearby interchanges of Route 37 and Interstate 81 as well as Route 7 and Interstate 81 (see Figure 1). Currently, 27.24 acres of the property are zoned MH-1 (Mobile Home Community) while the remaining 48.77 acres of the site ate currently zoned RA (Rural Areas). The subject site is bounded by MH-1 to the South and M-1 (Light Industrial) to the North and West (see Figure 2). Interstate 81 forms the Eastern boundary of the site. This application seeks to rezone the Property from MH-1 and RA to M-1 for 1,000,000 square feet of industrial uses. The site is located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA) and in close proximity to Interstate 81 and the Route 37 Bypass. Rezoning the subject acreage for industrial uses would allow the 1 site to develop as an extension of an established industrial park to serve as economic J development for Frederick County. LAND USE The Seefried Property is not identified within the study boundary of any of the County's small area land use plans. The site is, however, located on die Eastern Frederick County Long Range Land Use Plan (EFCLRLUP). This document is untended to serve as a guide for the intended future land uses within die SWSA and UDA as properties within those growth boundaries develop. The EFCLRLUP identifies residential as the untended land use for a portion of the site with no intended future land use depicted for the remaining acreage (See Figure 3). This land use designation is a direct reflection of the Property's current zoning designations and can be attributed to the mote generalized nature associated with the "bubble plan" concept used in the EFCLRLUP. It can be interpreted that die Seefried Property should be included within the large area designated for future industrial uses on die EFCLRLUP, as depicted on Figure 3, that is located directly adjacent to the site and represents Fort Collier Industrial Park. n,, s ROUTE 37, J ROUTE 11,:'" ., i i2.1 " }� & INTERSTATE 81 INTERCHANGE ;,� ��'• kr rk � "�a r w �:y .r �� ," �/! � %� ,� �i fa � III • � ;� lk JE ol 11 ,�•`� *�'""�"1.,,. + "� .+�= y j, f'� ✓ ,p � �,qr - ��T• , fix. �y NN RA C T r6i '(y }��i• I IF M r�-r i 'f •'r ,K I �,I� �rRl-u^,��t "Yt �, �•. ♦ �• 'bl r� j� *�C: }•'3 �. '!;�' Y.� �,/,f�,NJ �, ,�., �f }T .�1` / 1 �+• �; 4� ,. � � �T" r•'Sr �,�r 1� � �r � �?s .��',� ��` 31l .'"« . ,� ! rr y"� . "f' • z.r �S� "'lr' T�}r i` �� '�? -�� � t� :;t s �r � �•,,:-Y..-.>a'�'�'J,/ �.. L��I _�� �r ~ "~' r� j •``, 1 �/'�' 1, -fir. it � • rrj� j .. Ap'��y,� r,`�►� ROUTE 7 & INTERSTATE 81�� INTERCHANGE y o SFEFRIED PROPERTY Patton, Harris, Rust & Associates II' � LOCATION MAP 117 E. Picodilly St. Winchester, Virginio 22601 O o a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREOERICK COUNTY, VIRCINM FIGURE 1 r � /Z Ni— x A� , PROJECT j /1041TE 9 ml T L U 'MA Al o SE EFRIED PROPERTY Patton, Harris, Rust & Associates S.4 ZONING CONTEXT 117 E. Ficodilly St. Winchester, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 FROERACK COUNTY, ORC4VA FIGURI I _ •,1 ! ati j - T SITE r m s"..vad 113' 8'r P t l l 14 P." Cornnrnj _*irfr Pwvdwl" 1i1.6a►►.1 I n�Yuti ri I PM. MIIII HaOxc • . d' M'MA-�FJ+ rlhw" i U- I > •ek[rrvent Eastern Frederick County Long Range r. Land Use Plan w •,1. jot o SEEFFIED PROPERTY Patton, Harris, Rust & Associates i- EASTERN FREDERICK COUNTY 117 E. Picadlly St. Vinchester, Virginia 22601 a LAND USE PLAN VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, WRCWd4 FIGURE 3 • October 2006 Seefried Rezoning / The Frederick County Comprehensive Policy Plan states that new industrial uses should be located near interchanges and iu the vicinity of the existing industrial areas. Using this policy as a guideline, the Seehied Property is in conformance with dne Comprehensive Plan as the Property would develop as an extension of the Fort Collier Industrial Park. The Frederick Comity Zoltittg Ordinance identifies zoning district buffers that are requited between zoning districts to address potential compatibility issues. The proposed rezoning would necessitate a Category C zoning district buffer along the Property's Eastern and portions of the Soud-lern boundary where residential uses currently exist. This requw:ennent would locate a minunum 100 foot buffer complete with an earthen berm and landscaping between the proposed industrial property and any residential uses adjacent to the site. Current development plans would locate a con-unon shared buffer along the proposed zoning boundary lime that would place die 75 foot inactive portion of the buffer on the remaining MH-1 and RA zoned acreage while the remaining 25 foot active portion of the buffer would be situated on the industrial zoned acreage. This conunon shared buffer would serve to meet the ordinance requirements of Frederick County while maximizing the potential industrial floor space of the site which would generate a greater positive fiscal impact. ACCESS AND TRASNPORTATION Currently, access is limited to a 50 foot access easement that connects die Property to Fort Collier Road through the newly constructed anunal shelter site. In recognition of the linnitations posed by the existing access easement with regards to acconunodating truck movements, die Applicant is currently pursuing an alternative means of access through the existing pasta plant site identified as tax map parcel 54-A-36J that would connect with Brooke Road (see Figure 4). This represents the preferred method of ingress/egress as it would better acconunodate the truck traffic generated by development of the Property. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area, as well as actual traffic counts. Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the TIA projects that the proposed development of 1,000,000 square feet of industrial use will produce 5,708 average daily trips (ADT). The TIA modeled both possible entrances with the Fort Collier Road entrance identified as "Option A" and the Brooke Road entrance identified as "Option B" as depicted on Figure 4. FIGURE 4 October 2006 Seefried Rezoning Trip distribution is evenly split with 50% of the traffic leaving the site utilizing Route 7 while the other 50% would use Route 11 North. The vast majority of the vehicle trips generated by the site will travel either North on Route 11 or East on Route 7 with only 20% of the generated traffic traveling back through the City of Winchester. The TIA indicates several intersections that would be impacted by the proposed development. The analysis indicates that signalization would be needed at the intersection of Brooke Road and Fort Collier Road in order to provide a level of service (LOS) C. The TIA also indicates that a LOS C will not be realized at the intersections of Welltown Road and Route 11 as well as Fort Collier Road and Berryville Avenue in the City of Winchester. It's important to note that background traffic generation alone places each of these intersections below a LOS C. The TIA also indicates that a West bound right turn lane would be requited at die existing signalized intersection of Brooke Road and Route 11. Another important note is the fact that there are few undeveloped parcels that would utilize the subject area's transportation network. This will limit the impacts to the subject } transportation system in the years following die projected 2010 build out of all projects modeled by the TIA. In addition to recognizing the proposed impacts of background traffic, consideration of this application should also account for the potential traffic impact that could occur through a by -right development scenario using the Property's existing zoning designation of MH-1 and RA. Currently, the 27.24 acre portion of the site zoned MH-1 could yield 218 mobile home units using a gross density of 8.0 units/acre. Using tie equation indicated for mobile homes by die I.I.E. Generation Manual, 7"' Edition, die portion of the Property zoned MH-1 could yield 1,044 ADT. The remaining 48.77 acres of RA zoned land could an" additional 90 ADT through a by -right development scheme. Removing the existing potential trip generation from die projected trip generation of die proposed industrial use indicates that die rezoning of the Property would have a net impact of only 4,574 ADT. The Property is also located in close proximity to the current railroad access that exists on the Winchester Pasta, LLC property. Rail access creates a more marketable industrial property and can 0 October 2006 Seefi•ied Rezoning also reduce an industrial use's dependence on trucks. The potential rail access could result in a reduced traffic generation for the site. SITE SUITABILITY The site conditions relate very positively to the proposed development activities. The proposed rezoning would result in minimal impact on areas of steep slopes, stream channels, lakes, ponds, flood plain, or wetlands. A wetlands delineation would be requited at the master plan phase of the project to verify if any regulated wetlands exist on site. The General Soil Map of the Soil Survey of Frederick County, Vitgitnia indicates that the soils comprising the subject parcels fall under the Frederick-Poplitnento-Oaklet soil association, which is die predominant association on land located along the I-81 corridor in the Winchester vicinity. As per map sheet #30 of the Soil Survey, the site is comprised of four distinct soil types. All of the soil types identified on die site are suitable for development of the proposed industrial use as evidenced by the existing development pattern in the area. With a high elevation of approximately 695.0 feet near the Southern property line and a low elevation of approxitnately 655.0 feet at the Northern property line, the Property naturally drains to the North under Interstate 81 (see Figure 5). The general slopes across the site are 3% to 7%. During the engineering phase of the project, a stormwater management plan will be created to adequately and effectively retain storinwater in a manner that will avoid negative impacts on adjacent properties as well as Interstate 81 and the Red Bud Run watershed. An electric power line traverses the northern portion of the Property. Discussions with respect to burying or relocating the power line are on going and will be finalized prior to final engineering of the project. SEWAGE CONVEYANCE AND WATER SUPPLY Sewage flows generated by the site will discharge into die existing Red Bud Run regional pump station before transnnission to the Opequon Wastewater Reclamation Facility. Using a standard rate of 30 gallons per day/employee at 10 employees/acre of industrial property, it is projected that the u m -! E E 8. AC P OJ C o � 6. 0 E . M .�ZONE C..� A ADI L PARK 4117 SEEFRIED PROPERTY Patton, Harris, Rust & Associates SITE DRAINAGE 117 E. Picadilly St. IHinchester, Virginia 22601 VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDER/CK COUNTY l9RG/N/A FIGURE October 2006 Seefried Rezoning proposed development would produce 23,250 gallons of sewer flow per day. This wastewater pumping station is currently under improvement by the FCSA. Water service will be provided by looping from the existing 12 inch line located along the Western property boundary. Water consumption for the property will be roughly equivalent to the projected sewage generation of 23,250 gallons per day. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. According to the National Park Service Study of Civil War Sites ii the Shenandoah Valley of Virginia, t1he subject site is included in the core battlefield area of the Third Battle of Winchester. The study also indicates, however, that the general area `within the vicinity of the Seefried Property has lost integrity as a result of urban and industrial growth in the area. As such, the development of the site will not further denigrate the interpretive quality of the Third Battle of Winchester cote area. IMPACT ON COMMUNITY FACILITIES Discussions with County staff have indicated that the proposed industrial rezoning would yield a net positive fiscal impact of $7,500,000. Development of die Property for residential uses as a by -right development under the Property's existing zoning designation would yield a negative fiscal impact of $4,500,000. Rezoning the Property for industrial purposes would not only provide the County with dle positive fiscal impact associated with 1,000,000 square feet of industrial use but also eliminate die potential negative fiscal impact associated with the potential by -right development scheme. Examining die proposed and potential by -right development schemes concurrently, it can be interpreted that the proposed rezoning results in a positive fiscal impact of $12,000,000. A Traffic Impact Analysis of the Seefried Property Located in: Frederick County, Virginia Prepared for: Seefried Properties 4200 Northside Parkway Building 1, Suite 300 Atlanta, GA 30327 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 P"Rd-A- T 304.264. 1 F 304.264.367671 October 6, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Scc ied Property located along the north side of Fort Collier Road, west of Brooke Road, in Frederick County, Virginia. The proposed project is to be comprised of 1,000,000 square feet of industrial park with access to be provided via "Option A" a single (1) site -driveway along north side of Fort Collier Road or "Option B" a single (1) site -driveway along west side of Brooke Road. The project is to be built -out over a single transportation phase by the year 2010. Figure 1 is provided to illustrate the location of the proposed Seefried Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Seefried Property 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 Seefried Property, 1 • . Distribution and assignment of the Seefried Property 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+, for existing and future conditions. EXISTING CONDITIONS -Per the Virginia Department of Transportation (VDOT) request, PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Route 11 (Martinsburg Pike) / Welltown Road, Brooke Road / Route 11, Brooke Road / Fort Collier Road, Fort Collier Road / Baker Lane and Fort Collier Road / Route 7. 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 8.5% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT (Average Daily Trips) and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 3 illustrates the respective existing lane geometry and levels of service. All traffic count data and HCS+ levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis ofthe Seefried Property PAProject Number: 14572-1-0 H October 6, 2 e I Page 1 • U No Scale Ct Fart � TTT iSl 1 E E 4 IIj ` Q 4b Z inchester'` o J T B 'a Mt ffcbrvn � ��eh,j-� Cemctcry m ��A>p � S � r Fco W T YH+ Vicinity Map - Seefried Property in Frederick County, Virginia PHRn A Traffic Impact Analysis o the Seefried Property Project Number: 14572-1-0 October 6, 2006 Page, 2 • 0 a � 1Lti1 ,�y11 No Scale 661 �tie^`�5g1 �2s�2„ � � 71 2J` 11`1p yl� y9 yam► glti^ ��1 11 I�tio� `tiLl�n�9 �0 J �ql a Lb h� ry Na �� N \\ S \e� J-100699 004 �`P� C25I� Tooke Road N SITE N 0 mac` ti ..0 e`5 � i CO)li. r r p l�rf C' (jI Jj-2y°d� G 'n 00 ♦ 1 b�I rq L yla•tib M v N %.. ` yy1 (12) �" 502 3 (744) 7 (103)32 f_ 88(110) (886)384 wwy (25)22 111 M � h b ^� 0 00 AM Peak Hour(PM Peak Hour) �-r Try+n Average Daily Trips Figure 2 Existing Traffic Conditions PH A Ti af zc bnpact Analysis o the See r: 1 Property Project Number: 14572-1-0 October 6, 2006 e3 Page 3 No Scale Signalized Intersection °? LOS=B(B) �� Brooke `®1JH1�1 L Figure 3 f P+A H A Signalized Intersection LOS=C(C) SITE , ��I �^ Signalized FOnr �� Intersection 0 LOS=B(B) �Oaa J U 11 Jam+ �1 (B)B `* 7 1 SignalizedIntersectio pa LOS=B(C) vt� � AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Existing Lane Geometry and Levels of Service A Trg[is Inzpact Analysis of the Seef -tied Property Project Number: 14572-1-0 October 6, 2006 Page 4 0 • 2010 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2002 and 2004) for Route II and Route 7 within the vicinity of the site, PHR+A applied a conservative annual growth rate of 4.5 % per year to the existing traffic volumes (shown in Figure 2) to obtain the 2010 base conditions. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Ge7zera607z Report, PHR+A has provided Table 1 to suimnarize the 2010 "other developments" trip generation. PHR+A has also provided Figure A to show the location of each development in the Appendix section of this report. Figure 4 shows the 2010 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 5 shows the respective 2010 background lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. Table 1 2010 Background Development Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT Winchester Gateway 310 Hotel 100 SF 25 16 41 31 28 59 522 310 Hotel 100 SF 25 16 41 31 28 59 522 820 Shopping Center 160,274 SF 127 81 208 410 444 855 9,228 932 H-T Restaurant 7,500 45 41 86 50 32 82 954 944 Gas Station 8 48 48 96 55 55 ill 1,348 Total Trips 301 227 527 681 690 1,371 13,651 Total Pass -by 19 19 39 70 70 140 1,586 Total internal 27 27 55 29 29 58 691 Total "New" Trips 254 180 434 582 591 1,174 11,374 Orrick Paramount 251 Elderly Housing - Detach 50 units 6 10 15 18 12 30 300 252 Elderly Housing - Attach 100 units 4 4 8 7 4 11 348 565 Day Care 6,000 SF 41 36 77 32 36 68 476 710 Office 20,000 SF 46 6 52 17 84 101 386 820 Retail 80,200 SF 84 53 137 260 281 541 5,884 881 Pharmacy w/ DT 15,000 SF 23 17 40 63 66 129 1,322 912 Drive-in Bank 6,000 SF 41 33 74 137 137 274 1,351 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 932 H-T Restaurant 6,000 SF 36 33 69 40 26 66 763 Total 315 226 541 614 672 1,286 11,593 PH A Ti a(fc Lnpact Analysis e the See ried PropertProject Number: 14572-1-0 October 6, 2006 Page 5 Table 1 (continued) 2010 Background Development Trip Generation Summary Code Laud Use Amount AM Peak Hour PM Peak I-Iour ADT In Out Total In Out Total Star Fort 210 Single -Family Detached 70 units 15 44 58 50 28 78 700 Total 15 44 58 50 28 78 700 Regents Crescent 210 Single -Family Detached 28 units 7 22 29 22 12 34 280 230 Townhouse/Condo 42 units 4 21 26 20 10 30 365 Total 12 43 55 42 22 64 645 Rutherford's Farm Industrial Park 130 Industrial Park 420,000 SF 307 67 374 81 305 386 2,923 Total 307 67 374 81 305 386 2,923 Stephenson Village 210 Single -Family Detached 400 units 72 217 289 235 138 373 4,000 230 Townhouse/Condo 300 units 21 103 124 99 49 148 2,610 251 Elderly Housing - Detach 531 units 45 73 117 100 64 164 2,238 252 Elderly Housing - Attach 144 units 5 6 12 10 6 16 501 520 Elementary School 550 stud. 94 65 160 2 4 6 710 Total 237 465 702 445 261 706 10,059 Russ ell- Glen dobbin 210 Single -Family Detached 200 units 37 112 149 128 72 200 2,000 Total 37 112 149 128 72 200 2,000 Stonewall Industrial Park 110 Light Industrial 165 acres 1,028 211 1,239 159 565 724 7,229 Total 1,028 211 1,239 159 565 724 7,229 Haggerty Property 210 Single -Family Detached 180 units 34 102 135 115 67 182 1800 220 Apartment 60 units 7 27 33 33 18 51 511 230 Townlnouse/Condo 60 units 6 28 34 26 13 40 522 Total 46 157 203 174 98 272 2833 Chadwell Property 210 Single -Family Detached 30 units 8 23 30 23 13 36 300 Total 8 23 30 23 13 36 300 Butcher Property 210 Single -Family Detached 69 units 14 43 58 48 28 77 690 Total 14 43 58 48 28 77 690 Red -Bud Run 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 Total 55 165 219 182 107 288 3,000 Toll Borthers- Eddy's Lane 210 Single -Family Detached 80 units 16 49 65 55 32 88 800 Total 16 49 65 55 32 88 800 Fieldstone 210 Single -Family Detached 63 units 13 40 54 45 26 71 630 230 Townhouse/Condo 207 units 16 77 92 73 36 109 1,801 Total 29 117 146 118 62 180 2,431 Mise Other Developments along Channing Drive* 210 Single -Family Detached 300 units 55 165 219 182 107 288 3,000 230 Townhouse/Condo 130 units 11 53 64 50 25 75 1,131 820 Retail 120,000 SF 107 68 175 339 367 706 7,645 Total 172 286 458 570 498 1,069 11,776 Includes Giles Farm, Toll Brothers, Abrams' Pointe, Coventry Court and miscellaneous residential. PHRn A TrgCLic Impact Analysis of the See Tied Property Project Number: 14572-1-0 October 6, 2006 Page 6-- 0 ° g9l 1l No Scale 661 ��°� �O4a �j151a�o� `1aL gal 'ptil�l 11 ��titi` p90i a n N �P d I2g098 b �o a I39(2941BrookeRoaa 'd♦ SITE 11 1 •4 44 r c" Yro AO� c0 . q1 b^`^ `�vro � (jl`�JIsJ�9�_�0`'a` 9J2SA�M 6-0 2 J 6 0 � ♦ �ro � o b `�1bAtib h N �294(365) l *-- 844 7 i �� 88(110)18) (120)37 r�,%1 (1623)684 mwr l (25)22. • M n n 0 W AM Peak Hour(PM Peak Hour) P RA H Figure 4 2010 Background Traffic Conditions PH A Ti arc bnpact Analysis e the mber: 1 Property Project Number: 14572-1-0 October 6, 2006 Page 7 0 • I SigrializcL-' "Suggested Improvements" fin(ersecttoti t LOS Si n"izA.. D4D)Y g �, �, , SB - 2 Lcfts � EB & NB - I Left No Scale 4 7 � 1 ���.►� ��ro'�� o J� �'���/"� �e ��O1Signalized L a � pO Intersection i 661 LOS=F(F) 11 �P o c C0 �J.% Signalized U Intersection o j LOS=B(C) 1� sP 0 %d Br °pRoad Ae SITE roe, a A0 co �oaa ro0 �qo °a Signalized 4 Intersection LOS=I3(B) �J o d � ~ � 1 a� J U / ` ( ~ B(C) 7 ,P• (D)B Signalized —U Intersection e LOS=B(D) T - T11T�+ 1-7 AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement IFigure 5 2010 Background Lane Geometry and Levels of Service PH A Tra��c bn�act tlnalysis ec the mber: 1 PropertyProject NumUer: 14572-I-0 October 6, 2006 e8 Page 8 • CJ TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Ti i Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Seefried Property. Table 2 Proposed Development: Seefried Property Trip Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total 130 Industrial Park 1,000,000 SF 498 109 607 171 642 812 5,708 Total 498 109 607 171 642 812 5,708 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 Seefried Property. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments. 2010 BUILD -OUT CONDITIONS The Seefried Property assigned trips (Figure 7) were added to the 2010 background traffic volumes (Figure 4) to obtain 2010 build -out conditions. Figure 8 shows the 2010 build -out ADT and AM/PM peak hour traffic vohulies at key locations within the study area roadway network. Figure 9 shows the respective 2010 build -out lane geometry and AM/PM peak hour levels of service. All HCS+ levels of service worksheets are included in the Appendix section of this report. A Tia(zc Impact Analysis e the See Tied 572-1 0 PRAH Project Number: 14572-1-0 October 6, 2 e 9 Page 9 • 0 No Scale 0 a 40% 661 11 s P b a?L Ar. Ptp �t'00kc Road SITE �o rG G1 °ay 10% 40% A -rP+n Figure 6 Trip Distribution Percentages p A Tra fic Impact Analysis o the See vied Property ProjectNumber: 14572-1-0 H October 6, 2006 Page 10 0 o *.Oe &NQ; No Scale 661 plod X r Z 1 Scenario # A Scenario # B i2 1b WOO. a� � ,. � a� o� • • I 2a 2b J(Gq) °dd ac i Irk SS(32l grookeRoad ] SITE a S'tep.S(32j� �00 b I PttopA ��' �etyaJ C . oc ) o 0 y , rocs° `i �V Fon C0 er�Oaa Fo0 !" �O C., �p ` - 419 b N ~ 199(68) 7 �1 i (I7)50 .. 1 AM Peak Aour(PM Peak Hour) n TD -4-n Figure 7 P R+A H 2010 Development Generated 'Trips AA TraTic Impact A7alysis O the Seefried Property Analysis o the See Tied Propert Project Number: 14572-1-0 October 6, 2006 Page 11 • r6s�0o No Scale GGla rs�Jp9J0ss�°�a�" t `a�� Scenario # A Scenario # B 1a 1b htil �til as_Lb] 11 �Nvoo��° ti `tib13�ti�� �0' �r�jJ J 9 L �ao � `a�ol *Podgy 1 Of 2b -� N Pf ry *,ft*jS0 S4) 0. m DfSS(3ma ' S` f�f090J Qrool.eRoaa SITE ,� l• �°� OPrio clye �° � O r�Pl�� V b � ,rod • ` ry `� " �.�, h� � A(,o� � 2J Sv N �b ro off, co7f.P �S rr,9�r_�oa� � �S7 (9IJ 2s`.�M Z6r6�d0 M Noo sS %--493(433) *4"* 844(1418) i � 88(1I0) (138)87 �� K (1623)684 (25)22 M - N O r'o AM Peak Hour(PM Peak Hour) TJ A Figure 8 2010 Build -out Traffic Conditions PH A Ti a �cImpact Analysis e the m e r:1 572-1-0Project NumUer: 14572-1-0 October 6, 2006 Page 12 No Scale Improvements" \VB - 1 Right "Suggested Improvements" Signalizalion SB - 2 Lefts EB & NB - 1 Left Signalized 4 Intersection U LOS=C(> ) DrOOke Ro G w Improvements" Signalization SB - I Left NB - 1 Left O Signalized Intersection LOS=F(F) Scenario # A Scenario # B jai .Sign�hud "Suggested Ib';S�gunhul "Suggested �'iiiiersccimn hnpmovements" ,: Intersection 1,; Improvements" Signalizauom� - ; LOS C(G) I' d SignaRzation f, SB 1 Lea I Left Na Signalized New 2b Unsignalized New Litersectiot Intersection LOS=B(C) Intersection Intersection G1 ��41 Aa C le. rc �d L Ho Insection b LOSter=C(C) For( Collie Road B(D) i �7 (D)D Signalized U Intersection W LOS=C(F) AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Figure 9 2010 Build -out Lane Geometry and Levels of Service PH AA Trajfc bnpact Analysis o the See Tied Propertybnpact Analysis o the See vied PropertyProject Number: 14572-1-0 October 6, 2006 Page 13 CJ • CONCLUSION The traffic impacts associated with the proposed Seefried Property are acceptable and manageable. For each of the study area intersections, the following describes the reconunended roadway improvements as well as the associated HCS+ intersection levels of service: • Route 11 / Welltown Road: An additional eastbound left -turn lane, northbound left - turn lane and two (2) southbound left -turn lanes will be required to maintain an overall intersection level of service "D" or better during 2010 background and build -out conditions. • Route 11 / Brooke Road: A separate westbound right -turn lane would be required to maintain overall intersection level of service "C" during 2010 build -out conditions. • Route 7 / Fort Collier Road: An additional southbound left -turn lane and northbound left -turn lane will be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions. • Brooke Road / Fort Collier Road: Traffic signalization would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for both Scenarios #A and #B. Additionally, southbound left -turn lane and westbound right turn -lane would be required for Scenario #B during 2010 build -out conditions. • Site Driveway #A / Fort Collier Road: Traffic signalization along with westbound left and right turn lanes would be required to maintain overall intersection level of service "C" or better during 2010 build -out conditions for Scenario #A. • Site Driveway #B / Brooke Road: A northbound right turn -lane would be required to maintain overall intersection level of service "D" or better during 2010 build -out conditions for Scenario #B. PH1R,+A A Ti a[ic Impact Analysis of the Number: Property Project Number: 14572-1-0 October 6, 2006 Page 14 APPENDIX J No Scale List of Developments: #1 - Winchester Gateway #9 - Haggerty Property #2 - Orrick Property #10 - Chadwell Property #3 - Star Fort #11 -Butcher Property #4 - Regents Crescent #12 - Red -Bud Run #5 - Rutherford's Farm Indust. Park #13 - Toll Brothers -Eddy's Lane #6 - Stephenson Village #14 - Fieldstone #7 - Russell-Glendobbin #15 - N isc. other developments along #8 - Stonewall Indust. Park Channing Drive T TP+/ Figure A 2010 "Other" Background Developments HCS+ Work Sheets HCS+TM DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 0 1 1 1 1 Lane Group LR T R L T Volume, V (vph) 119 110 205 212 235 248 % Heavy Vehicles, %HV 1 3 1 3 1 3 3 1 3 3 Peak -Hour Factor, PHF 0.88 10.88 0.88 0.88 0.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 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 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 1 0 0 0 1 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N 'Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, GP 1 3.2 1 3.2 3.2 Phasing WB Only 02 03 04 NS Perm 06 07 08 Timing G= 29.0 G= G= G= G= 39.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 260 233 241 267 282 Lane Group Capacity, c 609 899 764 550 899 v/c Ratio, X 0.43 0.26 0.32 0.49 0.31 Total Green Ratio, g/C 0.36 0.49 0.49 0.49 0.49 Uniform Delay, d, 19.2 12.0 12.4 13.8 12.4 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.11 0.11 Incremental Delay, d2 0.5 0.2 0.2 0.7 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 Control Delay 19.7 12.2 12.7 14.4 12.6 Lane Group LOS B B B B B Approach Delay 19.7 12.4 13.5 Approach LOS B B B Intersection Delay Copyright © 2005 University of Florida, All Rights Reserved XC = 0.46 I Inter ion LOS HCS+TM Version Generated: 10/5/2006 3:24 PM HCS+'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A ,'Date Performed 6101106 Time Period PM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 0 0 1 1 1 1 Lane Group LR T R L T Volume, V (vph) 251 169 296 165 152 256 % Heavy Vehicles, %HV 1 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 1 0.88 0.88 0.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 12.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 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 Parking / Grade / Parking N 0 N N 0 N N 0 N 'Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm 06 07 08 Timing G= 35.0 G= G= G= G= 33.0 G= G= G= Y= 6 Y= Y= Y= IY= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 477 336 188 173 291 Lane Group Capacity, c 741 761 647 363 761 v/c Ratio, X 0.64 0.44 0.29 0.48 0.38 Total Green Ratio, g/C 0.44 0.41 0.41 0.41 0.41 Uniform Delay, d, 17.6 16.9 15.7 17.2 16.4 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.22 0.11 0.11 0.11 0.11 Incremental Delay, d2 1.9 0.4 0.3 1.0 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 Control Delay 19.5 17.3 15.9 18.2 16.7 Lane Group LOS B B B B B Approach Delay 19.5 16.8 17.3 Approach LOS B B B IIntersection Delay I 03 I XC = 0.56 I Inter 'ion LOS I 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:25 PM HCS+" DETAILED REPORT i General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, V (vph) 29 140 25 26 274 55 58 44 14 58 47 47 % Heavy Vehicles, %HV 3 3 3 3` 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 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 1 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 0 0 0 0 Lane Width 12.0 112.0 12.0 12.0 1 12.0 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, Gp 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G= G= Y= 6 1Y= Y= Y= Y= 6 Y= Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 33 159 28 404 132 172 Lane Group Capacity, c 422 876 745 833 536 558 v/c Ratio, X 0.08 0.18 0.04 0.48 0.25 0.31 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38 Uniform Delay, di 11.5 12.1 11.2 14.3 17.2 17.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 Incremental Delay, d2 0.1 0.1 0.0 0.4 0.2 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 11.5 12.2 11.2 14.8 17.5 18.0 Lane Group LOS B B B B B B Approach Delay 12.0 14.8 17.5 18.0 Approach LOS B B B B IIntersection Delay I it, I X�= 0.41 I Int*ction LOS I B Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:25 PM HCS+- DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, .V (vph) 28 280 119 60 173 41 74 85 56 78 98 29 % Heavy Vehicles, %HV 3 3 1 3 3 3 1 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 10.88 10.88 0.88 0.88 0.88 0.88 0.88 10.88 0.88 0.88 0.88 0.88 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 1 1 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 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 1 12.0 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, Gpi 3.2 3.2 3.2 3.2 Phasing EW Perm 1 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G= G= Y= 6 Y= Y= Y= IY= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 32 318 135 312 245 233 Lane Group Capacity, c 490 876 745 737 550 541 v/c Ratio, X 0.07 0.36 0.18 0.42 0.45 0.43 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38. Uniform Delay, di 11.4 13.3 12.1 13.8 18.8 18.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 Incremental Delay, d2 0.1 0.3 0.1 0.4 0.6 0.6 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 ',Control Delay 11.4 13.6 1 12.2 14.2 19.3 19.2 Lane Group LOS g g g g g g Approach Delay 13.0 14.2 19.3 19.2 Approach LOS B B B B IIntersection Delay I W I C= 0.43 I Intc-:;tion LOS I 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:25 PM NO -WAY STOP CONTROL SUMP Y General Information ISite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 06101106 Analysis Time Period AM Peak Hour Intersection Fort Collier Road/Brooke Road Jurisdiction Virginia Analysis Year Existing Conditions Project Description Seefried Properties East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 26 239 10 8 Peak -Hour Factor, PHF 0.88 0.88 0.88 0,88 0.88 0.88 1Hourly Flow Rate, HFR (veh/h) 0 29 271 11 9 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 1 0 1 0 Configuration TR LT Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 311 21 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 0 0 353 0 23 Percent Heavy Vehicles 2 0 1 2 3 0 3 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 Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 11 376 C (m) (veh/h) 1255 790 lc 0,01 0.48 95% queue length 0.03 2.59 Control Delay (s/veh) 7.9 13.6 ).OS A B pproach Delay (s/veh) -- -- 13.6 Approach LOS -- -- B Copyright © 2005 University of Florida, All Rights Reserved HC$+TN' Version 5.2 Generated: 10/5/2006 3:26 PM NOWAY STOP CONTROL SUM Y iGeneral,information ISite Information (analyst PHR+A genc /Co. PHR+A Date Performed 06101106 Analysis Time Period PM Peak Hour Intersection Fort Collier Road/Brooke Road Jurisdiction Virginia Analysis Year Existing Conditions Project Description Seefried Properties East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 12 419 23 27 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR veh/h)• 0 13 476 26 30 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R. Volume veh/h) 272 23 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR veh/h) 0 0 0 309 0 26 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 1 0 0 0 0 0 0 Configuration I LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 26 335 C (m) (veh/h) 1069 653 vlc 0.02 0.51 95% queue length 0.07 2.94 Control Delay (s/veh) 8.5 16.2 .tos A C pproach Delay (s/veh) -- -- 16.2 Approach LOS -- -- C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:26 PM HCS+` DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 32 384 22 88 502 251 33 47 125 1228 50 35 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 1 3 3 3 3 1 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 A 0.88 A 0.88 A 0.88 10.88 A A 10,88 A Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 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 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 1 0 0 1 0 0 0 0 0 Lane Width 12.0 12.0 12.0 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 PParking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 35.0 G= G= G= G= 33.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 36 461 100 570 285 91 142 259 97 Lane Group Capacity, c 324 1524 382 1537 686 662 647 531 714 v/c Ratio, X 0.11 0.30 0.26 0.37 0.42 0.14 0.22 0.49 0.14 Total Green Ratio, g/C 0.44 0.44 0.44 0.44 0.44 0.41 0.41 0.41 0.41 Uniform Delay, di 13.3 14.6 14.3 15.1 15.5 14.6 15.2 17.3 14.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.11 0.11 Incremental Delay, d2 0.2 0.1 0.4 0.2 0.4 0.1 0.2 0.7 0.1 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 i ontrol Delay 13.5 14.7 14.7 15.3 15.9 14.7 15.4 18.0 14.7 Lane Group LOS B B B B B B B B B Approach Delay 14.6 15.4 15.1 17.1 Approach LOS B B B B IIntersection Delay I I C= 0.45 I Int•ction LOS I 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:26 PM • HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 103 886 25 110 744 312 65 80 88 352 80 56 % Heavy Vehicles, %HV 3 1 3 3 3 3 1 3 3 3 3 3 3 1 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 10.88 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 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 1 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 1 0 0 0 0 0 0 0 Lane Width 12.0 112.0 112.0 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, NB 0 0 0 0 0 0 1 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 35.0 G= G= G= G= 33.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 117 1035 125 845 355 165 100 400 155 Lane Group Capacity, c 203 1530 138 1537 686 612 647 497 714 v/c Ratio, X 0.58 0.68 0.91 0.55 0.52 0.27 0.15 0.80 0.22 Total Green Ratio, g/C 0.44 0.44 0.44 0.44 0.44 0.41 0.41 0.41 0.41 Uniform Delay, di 16.9 18.0 21.0 16.7 16.4 15.5 14.7 20.7 15.2 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 j 1.000 Delay Calibration, k 0.17 0.25 0.43 0.15 0.12 0.11 0.11 0.35 0.11 Incremental Delay, d2 4.0 1.2 49.4 0.4 0.7 0.2 0.1 9.4 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 `Control Delay 20.9 19.2 70.4 17.1 17.1 15.8 1 14.9 30.1 15.3 Lane Group LOS C B E B B B B C B Approach Delay 19.4 22.1 15.4 25.9 Approach LOS B C B C IIntersection Delay I a I Xc = 0.86 I Int*ction LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:26 PM HCS+TM DETAILED REPOR General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 2 1 1 2 1 0 1 0 0 1 1 Lane Group L T R L T R LTR LT R Volume, V (vph) 163 1039 75- 101 1247 157 57 20 25 232 17 239 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 10.88 0.88 0.88 0.88 10.88 0.88 0.88 0.88 A 0.88 A 0.88 A 0.88 A Pretimed (P) or Actuated (A) A A A- A A A A A Start-up Lost Time, h 2.0 2.0 2.0 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 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 13.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 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 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 10 0 0 40 0 0 0 0 0 40 Lane Width 12.0 112.0 12.0 112.0 12.0 12.0 112.0 12.0 112.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N JParking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 NS Perm 06 07 08 Timing G= 10.0 G= 35.0 G= G= G= 23.0 G= G= G= Y= 0 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 185 1181 74 115 1417 133 116 283 226 Lane Group Capacity, c 311 1976 882 180 1537 686 256 358 451 v/c Ratio, X 0.59 0.60 10.08 0.64 10.92 0.19 0.45 0.79 0.50 Total Green Ratio, g/C 0.56 0.56 0.56 0.44 0.44 0.44 0.29 0.29 0.29 Uniform Delay, di 15.5 11.5 8.0 17.6 21.2 13.8 23.3 26.3 23.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.18 0.19 10.11 0.22 0.44 0.11 0.11 0.34 0.11 Incremental Delay, d2 3.1 0.5 0.0 7.4 9.5 0.1 1.3 11.4 0.9 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 18.6 12.0 8.1 25.0 30.8 14.0 24.6 37.7 24.6 Lane Group LOS B B A C C B C D C Approach Delay 12.7 29.0 24.6 31.9 Approach LOS B C C C IIntersection Delay I �) I <C = 0.95 I In*ction LOS I C Copyright © 2005 University of Florida, All Rights Reserved f-ICS+7M Version 5.2 Generated: 10/5/2006 3:26 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year Existing Conditions Project ID Seefried Properties 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 2 1 1 2 1 0 1 0 0 1 1 Lane Group L T R L T R LTR LT R Volume, V (vph) 223 1166 '72 55 1151 210 48 29 28 1274 25 274 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 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 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 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 11.000 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 10.0 - 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 10 0 0 140 0 0 0 0 0 140 Lane Width 12.0 12.0 12.0 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, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 NS Perm 06 07 08 Timing G= 10.0 G= 31.0 G= G= G= 25.0 G= G= G= Y= 0 IY= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 78.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 253 1325 70 63 1308 193 120 339 266 Lane Group Capacity, c 320 1846 824 116 1396 623 327 396 503 v/c Ratio, X 0.79 0.72 10.08 0.54 0.94 10.31 0.37 0.86 0.53 Total Green Ratio, g/C 0.53 0.53 0.53 0.40 0.40 0.40 0.32 10.32 0.32 Uniform Delay, di 15.7 14.1 9.2 18.1 22.6 16.1 20.4 24.8 21.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.34 0.28 0.11 0.14 0.45 0.11 0.11 0.39 0.13 Incremental Delay, d2 12.6 1.4 0.0 5.2 12.1 0.3 0.7 16.7 1.1 ,Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 'Control Delay 28.4 15.5 9.2 23.2 34.7 16.4 21.1 41.5 22.7 Lane Group LOS C B A C C B C D C Approach Delay 17.2 32.0 21.1 33.2 Approach LOS B C C C IIntersection Delay I e6 I C= 1.01 I I#ection LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:26 PM HCS+'" DETAILED REPOR" General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Background Conditions Project ID Seefried Properties 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 0 1 1 1 1 Lane Group I LR T R L T Volume, V (vph) 1 139 129 427 248 275 365 % Heavy Vehicles, %HV 3 1 3 1 3 3 1 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 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 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000. 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 0 0 1 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm 06 07 08 Timing G= 28.0 G= G= G= G= 40.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 305 485 282 313 415 Lane Group Capacity, c 588 923 784 351 923 v/c Ratio, X 0.52 0.53 0.36 0.89 0.45 Total Green Ratio, g/C 0.35 0.50 0.50 0.50 0.50 Uniform Delay, di 20.6 13.6 12.2 18.0 12.9 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.12 0.13 0.11 0.42 0.11 Incremental Delay, d2 0.8 0.6 0.3 123.6 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 Control Delay 21.5 14.1 12.5 41.7 13.3 Lane Group LOS C B B D B Approach Delay 21.5 13.5 25.5 Approach LOS C B C IIntersection Delay I i*.7 I XC = 0.74 I Int*ction LOS I e Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:27 PM HCS+" DETAILED REPOR General Information Site Information Analyst PHR+A )Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Background Conditions Project ID Seefried Properties 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 0 1 1 1 1 Lane Group LR T R L T Volume, V (vph) 294 198 416 193 178 423 % Heavy Vehicles, %HV 3 3 1 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 12.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type,.AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 1 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N 'Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm 06 07 08 Timing G= 35.0 G= G= G= G= 33.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Adjusted Flow Rate, v 559 473 219 202 481 Lane Group Capacity, c 741 761 647 252 761 v/c Ratio, X 0.75 0.62 0.34 0.80 0.63 Total Green Ratio, g/C 0.44 0.41 0.41 0.41 0.41 Uniform Delay, di 18.9 18.6 16.0 20.6 18.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.31 0.20 0.11 0.35 0.21 Incremental Delay, d2 4.4 1.6 0.3 16.8 1.7 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 'Control Delay 23.3 20.1 16.4 37.4 20.4 Lane Group LOS C C B D C Approach Delay 23.3 18.9 25.4 Approach LOS C B C IIntersection Delay I 02.5 I X= 0.78 I Ireection LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:27 PM HCS+" DETAILED REPOR40 General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BK Conditions Project ID Seefried Properties 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 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, V (vph) 29 164 25 26 321 55 58 44 14 1 58 47 47 % Heavy Vehicles, %HV 1 3 1 3 3 3 3 1 3 3 3 3 3 3 1 3 Peak -Hour Factor, PHF 10.88 10.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 0.88 10.88 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 0 0 0 0 1 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, NB 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 33 186 28 458 132 172 Lane Group Capacity, c 389 876 745 836 536 558 v/c Ratio, X 0.08 0.21 0.04 0.55 0.25 0.31 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38 Uniform Delay, di 11.5 12.3 11.2 14.9 17.2 17.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.15 0.11 0.11 Incremental Delay, d2 0.1 0.1 0.0 0.8 0.2 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 11.6 12.4 11.2 15.7 17.5 18.0 Lane Group LOS g g g g g B Approach Delay 12.1 15.7 17.5 18.0 Approach LOS g g B B IIntersection Delay I 04 I X� = 0.44 I Int•�ction LOS I B Copyright © 2005 University of Florida, All Rights Reserved HCS+7M Version 5.2 Generated: 10/5/2006 3:28 PM HCS+1. DETAILED REPOR General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BK Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 1 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, V (vph) 28 328 119 60 202 41 74 85 56 1 78 98 29 % Heavy Vehicles, %HV 3 1 3 3 1 3 3 3 3 3 3 3 3 1 3 Peak -Hour Factor, PHF 0.88 10.88 0.88 10.88 10.88 10.88 0.88 10.88 0.88 0.88 0.88 0.88 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 0 0 0 0 0 0 0 0 1 0 0 1 0 Lane Width 12.0 12.0 12.0 1 12.0 1 12.0 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, GP 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G= G= Y= 6 Y= Y= Y= IY= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 32 373 135 345 245 233 Lane Group Capacity, c 467 876 745 720 550 541 v/c Ratio, X 0.07 0.43 0.18 0.48 0.45 0.43 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38 Uniform Delay, di 11.4 13.8 12.1 14.3 18.8 18.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 Incremental Delay, d2 0.1 0.3 0.1 0.5 0.6 0.6 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 11.5 14.2 12.2 14.8 19.3 19.2 Lane Group LOS B B B B B B Approach Delay 13.5 14.8 19.3 19.2 Approach LOS B B B B IIntersection Delay I •8 I XC = 0.46 I Inwction LOS I B Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:28 PM ' ONO -WAY STOP CONTROL SUMSEY General Information ISite Information nalyst PHR+A Agency/Co. PHR+A Date Performed 06101106 Analysis Time Period AM Peak Hour Intersection Foil Collier Road/Brooke Road Jurisdiction Virginia Analysis Year 10 BK Conditions Project Description Seefried Properties East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 30 280 12 9 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 34 318 13 10 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 364 25 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 0 0 413 0 28 Percent Heavy Vehicles 2 0 2 3 0 3 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 Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 13 441 C (m) (veh/h) 1201 754 v/c 0.01 0.58 95% queue length 0,03 3.85 Control Delay (s/veh) 8.0 16.3 \TOS A C pproach Delay (s/veh) -- -- 16.3 Approach LOS -- -- C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:28 PM WWO-WAY STOP CONTROL SUMl.RY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 06101106 Analysis Time Period PM Peak Hour Intersection Fort Collier Road/Brooke Road Jurisdiction Virginia Analysis Year 10 BK Conditions Project Description Seefried Properties East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 14 490 27 32 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 15 556 30 36 0 Percent Heavy Vehicles 2 -- -- 3 Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT U stream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 318 27 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 0 0 361 0 30 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 p RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration T LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT . LR v (veh/h) 30 391 C (m) (veh/h) 997 604 v/c 0.03 0.65 95% queue length 0.09 4.68 Control Delay (s/veh) 8.7 21.2 " SOS A C Approach Delay (s/veh) -- -- 21.2 pproach LOS -- -- C Copyright © 2005 University of Florida, All Rights Reserved / /CS+TM Version 5.2 Generated: 10/5/2006 3:28 PM HCS+TM DETAILED REPORT General Information lowSite Information Analyst PHR+A Agency or Co. PHR+A )Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BK Conditions Project ID Seefried Properties 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 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 37 684 22 1 88 844 294 33 47 125 267 50 41 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.96 0.96 0.96 0.95 0.95 0.95 0.85 0.85 0.85 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 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 8 0 0 0 0 1 0 0 1 0 0 0 Lane Width 12.0 12.0 12.0 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 harking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 SB Only NS Perm 07 08 Timing G= 40.0 G= G= G= G= 15.0 G= 15.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 82.0 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 41 767 92 879 306 84 132 314 107 Lane Group Capacity, c 229 1708 276 1713 1166 280 287 505 630 v/c Ratio, X 0.18 0.45 0.33 0.51 0.26 0.30 0.46 0.62 0.17 Total Green Ratio, g/C 0.49 0.49 0.49 0.49 0.74 0.18 0.18 0.37 0.37 Uniform Delay, di 11.8 13.8 12.8 14.3 3.3 29.0 29.9 20.2 17.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.12 0.11 0.11 0.11 0.20 0.11 Incremental Delay, d2 0.4 0.2 0.7 0.3 0.1 0.6 1.2 2.4 0.1 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 ontrol Delay 12.2 14.0 13.6 14.6 3.5 29.6 31.1 22.5 17.7 Lane Group LOS B B B B A C C C B Approach Delay 13.9 11.9 30.5 21.3 Approach LOS B B C C IIntersection Delay I I C= 0.66 I Int*-tion LOS I 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:29 PM HCS+'" DETAILED REPORT Site Information General Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BK Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH I RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 120 1623 25 110 744 312 1 65 80 88 1352 80 56 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 1 3 1 3 3 3 3 1 3 Peak -Hour Factor, PHF 10-91 10.91 0.91 0.96 0.96 10.96 10.95 10.95 0.95 0.85 0.85 0.85 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 2.0 2.0 2.0 Extension of Effective Green, e 2 0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 8 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 112.0 12.0 112.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N ?arking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 SB Only NS Perm 07 08 Timing G= 47.0 G= G= G= G= 20.0 G= 12.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 91.0 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 132 1803 115 775 325 152 93 414 160 Lane Group Capacity, c 292 1811 81 1814 1258 190 207 466 609 v/c Ratio, X 0.45 1.00 1.42 0.43 0.26 0.80 0.45 0.89 0.26 Total Green Ratio, g/C 0.52 0.52 0.52 0.52 0.80 0.13 0.13 0.35 0.35 Uniform Delay, d, 13.9 21.9 22.0 13.6 2.2 38.3 36.5 25.4 21.1 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.50 0.50 10.11 0.11 0.34 0.11 0.41 0.11 Incremental Delay, d2 1.1 20.1 246.5 1 0.2 0.1 21.1 1.6 18.5 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 control Delay 15.0 42.0 268.5 13.8 2.4 59.5 38.0 44.0 21.3 Lane Group LOS B D F B A E D D C Approach Delay 40.1 34.9 51.3 37.7 Approach LOS D C D D Intersection Delay XC = 1.32 I IntqWtion LOS I D Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:29 PM HCS+1. DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A IDate Performed 6101106 Time Period AM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Background Conditions Project ID Seefried Properties 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 2 1 1 2 1 0 1 0 0 1 1 Lane Group L T R L T R ILTR LT R Volume, V (vph) 617 1297 88 118 1509 717 67 23 29 1433 20 409 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 3 3 3 1 3 3 Peak -Hour Factor, PI -IF 0.94 10.94 10.94 0.98 0.98 0.98 0.94 0.94 0.94 0.94 0.94 0.94 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 12.0 2.0 2.0 Extension of Effective Green, e 2 0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 13.0 3.0 13.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 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 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 10 0 0 75 Lane Width 12.0 12.0 112.0 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, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Ex 1. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 20.0 G= 46.0 G= G= G= 14.0 G= 9.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 656 1380 94 120 1540 732 115 482 355 Lane Group Capacity, c 347 1600 714 420 1600 1025 58 401 761 v/c Ratio, X 1.89 0.86 0.13 0.29 0.96 0.71 1.98 1.20 0.47 Total Green Ratio, g/C 0.20 0.46 0.46 0.65 0.46 0.65 0.09 0.23 0.49 Uniform Delay, d, 40.5 24.7 15.9 14.5 26.7 11.4 46.0 39.0 17.3 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.39 0.11 0.11 0.47 0.28 0.50 0.50 0.11 Incremental Delay, d2 411.4 5.1 1 0.1 0.4 14.6 2.4 497.9 112.5 0.5 'initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 451.9 29.8 16.0 14.9 41.2 13.8 543.9 151.5 17.8 Lane Group LOS F C B B D B F F B Approach Delay 159.2 31.5 543.9 94.8 Approach LOS C F Intersection Delay 101.E XC = 1.23 Intersection LOS F Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:29 PM HCS+" DETAILED REPORT General Information Site Information _ Analyst PHR+A )Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Background Conditions Project ID Seefried Properties 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 2 1 1 2 1 0 1 0 0 1 1 Lane Group L T R L T R LTR LT R Volume, V (vph) 376 1426 84 64 1432 389 56 34 33 1639 29 575 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 3 3 3 3 1 3 Peak -Hour Factor, PI -IF 0.94 0.94 0.94 0.98 0.98 10.98 0.94 0.94 0.94 0.94 0.94 10.94 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 2.0 2.0 2.0 Extension of Effective Green, e 2,0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 1 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 10 0 0 75 Lane Width 12.0 12.0 12.0 112.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking Parking Maneuvers, Nm N 0 N N 0 N N 0 N N 0 N Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 15.0 G= 47.0 G= G= G= 20.0 G= 7.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 400 1517 89 65 1461 397 120 711 532 Lane Group Capacity, c 260 1634 730 333 1634 1133 53 470 745 v/c Ratio, X 1.54 0.93 0.12 0.20 0.89 0.35 2.26 1.51 0.71 Total Green Ratio, g/C 0.15 0.47 0.47 0.61 0.47 0.72 0.07 10.27 0.48 Uniform Delay, di 43.0 25.4 15.3 17.3 24.7 5.2 47.0 37.0 121.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.44 0.11 0.11 0.42 0.11 0.50 0.50 0.28 Incremental Delay, d2 260.7 9.7 0.1 0.3 6.8 0.2 624.3 241.5 3.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 303.7 35.2 15.4 17.6 31.5 5.4 671.3 278.5 24.3 Lane Group LOS F D B B C A F F C Approach Delay 87.8 1 25.7 671.3 169.7 Approach LOS C F F Intersection Delay 97.7 c = 1.21 Intersection LOS F Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:30 PM HCS+'" DETAILED REPORT General Information Site Information Analyst PHR+A ,Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA 2010 Background Conditions Analysis Year Project ID Seefried 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, Ni 2 2 1 1 2 1 1 1 0 2 1 1 Lane Group L T R L T R L TR L T R Volume, V (vph) 617 1297 88 118 1509 717 67 23 29 433 20 409 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 10.94 0.94 0.94 0.94 0.94 0,94 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 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 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 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 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 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 10 0 0 75 Lane Width 1 0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 i arking / 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 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 20.0 G= 46.0 G= G= G= 14.0 G= 9.0 G= G= Y= 0 IY= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 656 1380 94 120 1540 732 71 44 461 21 355 Lane Group Capacity, c 674 1600 714 420 1600 1025 122 153 472 420 761 v/c Ratio, X 0.97 0.86 0.13 0.29 0.96 0.71 10.58 0.29 0.98 0.05 0.47 Total Green Ratio, g/C 0.20 0.46 0.46 0.65 0.46 0.65 0.09 0.09 0.14 0.23 0.49 Uniform Delay, d, 40.2 24.7 15.9 14.5 26.7 11.4 44.2 43.0 43.3 30.5 117.3 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.48 0.39 0.11 0.11 0.47 0.28 0.17 0.11 0.48 0.11 0.11 Incremental Delay, d2 28.0 5.1 1 0.1 0.4 114.6 2.4 6.9 1 1.0 35.3 0.0 0.5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 68.2 29.8 16.0 14.9 41.2 13.8 51.1 44.0 78.6 30.5 17.8 Lane Group LOS E C B B D B D D E C B Approach Delay 41.0 31.5 48.4 51.6 Approach LOS Intersection Delay 1 38.6 Copyright © 2005 University of Florida, All Rights Reserved Xc = 0.93 I Intersection LOS HCS+TM Version 5.2 Generated: 10/5/2006 3:30 PM HCS+" DETAILED REPOR General Information Site Information Analyst PHR+A j4gency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA 2010 Background Conditions Analysis Year Project ID Seefried 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 2 2 1 1 2 1 1 1 0 2 1 1 Lane Group L T R L T R L TR L T R Volume, V (vph) 376 1426 84 64 1432 389 56 34 33 639 29 575 % Heavy Vehicles, %HV 3 3 3 .3 3 3 3 3 3 3 3 1 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 0.94 0.94 0.94 0.94 0.94 0.94 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 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 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 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 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 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 1 0 10 0 0 75 Lane Width 12.0 12.0 12.0 12.0 12.0 112.0 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, NB 0 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 15.0 G= 47.0 G= G= G= 20.0 G= 7.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y I Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 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 400 1517 89 65 1461 397 60 60 680 31 532 Lane Group Capacity, c 505 1634 730 333 1634 1133 94 120 674 493 745 v/c Ratio, X 0.79 0.93 0.12. 0.20 0.89 0.35 0.64 0.50 1.01 0.06 0.71 Total Green Ratio, g/C 0.15 0.47 0.47 0.61 0.47 0.72 0.07 0.07 0.20 0.27 0.48 Uniform Delay, di 41.5 25.4 15.3 17.3 24.7 5.2 45.8 45.3 40.5 27.6 21.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.34 0.44 0.11 0.11 0.42 0.11 0.22 0.11 0.50 0.11 0.28 Incremental Delay, d2 8.4 9.7 0.1 0.3 1 6.8 0.2 13.6 3.3 36.9 0.1 3.3 nitial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 49.9 35.2 JB 17.6 31.5 5.4 59.4 48.6 77.4 27.6 24.3 Lane Group LOS D D B C A E D E C C Approach Delay 37.2 25.7 54.0 53.4 Approach LOS 0 1 C D D Intersection Delay 37.2 1 Xc = 0.90 Intersection LOS D Copyright © 2005 Pniversity of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:31 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A 'Date Performed 6101106 Time Period AM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried Properties 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 0 1 1 1 1 Lane Group LR T R L T Volume, V (vph) 150 172 427 298 474 365 % Heavy Vehicles, %HV 1 3 3 3 3 1 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 10.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 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 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 1 0 0 0 0 Lane Width 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, Ns 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 27.0 G= G= G= G= 25.0 G= 26.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 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 365 485 339 539 415 Lane Group Capacity, c 502 533 1028 569 1045 v/c Ratio, X 0.73 0.91 0.33 0.95 0.40 Total Green Ratio, g/C 0.30 0.29 0.66 0.57 0.57 Uniform Delay, di 28.2 30.9 6.8 19.3 10.9 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.29 0.43 0.11 0.46 0.11 Incremental Delay, d2 5.3 19.7 0.2 25.3 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 Control Delay 33.5 50.6 7.0 44.5 11.2 Lane Group LOS C D A D I B Approach Delay 33.5 32.7 30.0 Approach LOS C C C Intersection Delay I Ift) I X� = 0.95 I InteAtion LOS Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:37 PM HCS+'M DETAILED REPORT• General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried Properties 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 0 1 1 1 1 Lane Group LR T R L T Volume, V (vph) 358 454 416 210 246 423 % Heavy Vehicles, %HV 3 3 1 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 10.88 0.88 0.88 0.88 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 12.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 1 3 3 3 3 Unit Extension, UE 3.0 13.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 11.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 1 0 0 Lane Width 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N ;Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 46.0 G= G= G= G= 9.5 G= 22.5 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= ly= 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 923 473 239 280 481 Lane Group Capacity, c 853 461 1298 267 656 v/c Ratio, X 1.08 1.03 0.18 1.05 0.73 Total Green Ratio, g/C 0.51 0.25 0.83 0.36 0.36 Uniform Delay, di 22.0 33.8 1.6 25.0 25.3 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.50 0.11 0.50 0.29 Incremental Delay, d2 55.5 48.7 0.1 68.4 4.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 ,Control Delay 77.5 82.5 1.6 93.4 29.5 Lane Group LOS E F A F C Approach Delay 77.5 55.3 53.0 Approach LOS E E D Intersection Delay Copyright © 2005 University of Florida, All Rights Reserved X = 1.09 C LOS I E HCS+TM Version 5.2 Generated: 10/5/2006 3:37 PM HCS+TM DETAILED REPOR . General Information Site Information Analyst PHRd-A P gency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried 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, Ni 1 1 1 1 1 1 Lane Group L R T R L T Volume, V (vph) 150 172 427 298 1474 365 % Heavy Vehicles, %HV 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 10.88 0.88 0.88 0.88 Pretimed (P) or Actuated (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 0 0 1 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking king Maneuvers, Nm N 0 N NN F2. N 0 N Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 1 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 27.0 G= G= G= G= 25.0 G= 26.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 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 170 195 485 339 539 415 Lane Group Capacity, c 526 1010 533 1028 569 1045 v/c Ratio, X 0.32 0.19 0.91 0.33 0.95 0.40 Total Green Ratio, g/C 0.30 0.64 0.29 0.66 0.57 0.57 Uniform Delay, di 24.4 6.5 30.9 6.8 19.3 10.9 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.43 0.11 0.46 0.11 Incremental Delay, d2 0.4 0.1 19.7 0.2 25.3 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 -Control Delay 24.8 6.6 50.6 7.0 44.5 11.2 Lane Group LOS C �=A I D A D B Approach Delay 15.1 32.7 30.0 Approach LOS B C C I Intersection Delay I 4B.5 I X= 0.80 I Int•ction LOS I C c Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:38 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Dgency or Co. PHR+A ate Performed 6/01/06 Time Period PM Peak Hour Intersection Brooke Rd/Route 11 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried 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 1 1 1 1 Lane Group L R T R L T Volume, V (vph) 358 454 416 210 246 423 % Heavy Vehicles, %HV 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Pretimed (P) or Actuated (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 1 0 0 0 0 1 0 0 0 0 Lane Width 12.0 112.0 112.0 12.0 112.0 12.0 Parking / Grade / Parking 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, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 35.0 G= G= G= G= 13.0 G= 30.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 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 407 516 473 239 280 481 Lane Group Capacity, c 681 941 615 1237 340 882 v/c Ratio, X 0.60 10.55 0.77 0.19 0.82 0.55 Total Green Ratio, g/C 0.39 0.60 0.33 0.79 0.48 0.48 Uniform Delay, di 21.9 10.7 26.9 2.4 19.5 16.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.19 0.15 0.32 0.11 0.36 0.15 Incremental Delay, d2 1.5 0.7 5.9 0.1 15.1 0.7 Initial Queue Delay, d3 0.0 1 0.0 0.0 0.0 0.0 0.0 ontrol Delay 23.3 11.4 32.8 2.4 34.6 17.3 Lane Group LOS C B C A C B Approach Delay 16.7 22.6 23.7 Approach LOS B C C Intersection Delay Copyright © 2005 University of Florida, All Rights Reserved XC = 0.79 LOS HCS+TM Version 5.2 Generated: 10/5/2006 3:38 PM WWO-WAY STOP CONTROL SWWRY General Information Site Information Analyst PHR+A Intersection Brooke Road/Site Dr. Agency/Co. PHR+A Jurisdiction Virginia Date Performed 06101106 Analysis Year 10 BO Conditions Analysis Time Period AM Peak Hour Project Description Seefried Properties - Scenario #B East/West Street: Site Driveway North/South Street: Brooke Road 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 (veh/h) 55 498 21 0 Peak -Hour Factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 Hourly Flow Rate, HFR (veh/h) 0 59 535 22 0 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 1 0 1 0 Configuration T R LT Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 109 0 Peak -Hour Factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 Hourly Flow Rate, HFR (veh/h) 0 0 0 117 0 0 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (veh/h) 22 117 C (m) (veh/h) 977 873 v/c 0.02 0.13 95% queue length 0.07 0.46 Control Delay (s/veh) 8.8 9.8 LOS A A Approach Delay (s/veh) -- -- 9.8 pproach LOS -- -- A Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:38 PM ''WO -WAY STOP CONTROL SUIVWkRY General Information Site Information Analyst PHR+A Intersection Brooke Road/Site Dr. Agency/Co. PHR+A Jurisdiction Virginia Date Performed 06101106 Analysis Year 10 BO Conditions Analysis Time Period PM Peak Hour Project Description Seefried Properties - Scenario #B East/West Street: Site Driveway North/South Street: Brooke -Road 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 (veh/h) 41 171 58 0 Peak -Hour Factor, PHF 0.93 0.93 0.93 0.93 0.93 0,93 Hourly Flow Rate, HFR (veh/h) 0 44 183 62 0 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 1 0 1 0 Configuration T R LT Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 1Volume L T R L T R (veh/h) 642 0 Peak -Hour Factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 Hourly Flow Rate, HFR (veh/h) 0 0 0 690 0 0 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I LR Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh/h) 62 690 C (m) (veh/h) 1335 782 v/c 0.05 0.88 95% queue length 0.15 11.33 Control Delay (s/veh) 7.8 33.4 LOS A D ;Approach Delay (s/veh) -- -- 33.4 Approach LOS -- -- D Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:38 PM 49 HCS+" DETAILED REPOR General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 1 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, V (vph) 29 218 25 26 570 55 58 44 14 1 58 47 47 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 10.88 0.88 0.88 0.88 0.88 0.88 10.88 0.88 0.88 0.88 0.88 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 0 0 0 1 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, NB 0 0 0 0 0 0 Min. Time for Pedestrians, Gpi 3.2 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G JG= Y= 6 Y= Y= Y= IY= 6 Y= Y= I Y= [Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 33 248 28 741 132 172 Lane Group Capacity, c 256 876 745 849 536 558 v/c Ratio, X 0.13 0.28 0.04 0.87 0.25 0.31 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38 Uniform Delay, di 11.7 12.7 11.2 18.8 17.2 17.7 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.40 0.11 0.11 Incremental Delay, d2 0.2 0.2 0.0 9.9 0.2 0.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 ;Control Delay 12.0 12.9 11.2 28.8 17.5 18.0 Lane Group LOS B B B C B B Approach Delay 12.7 28.8 17.5 18.0 Approach LOS B C B B Intersection Delay XC = 0.62 I Ir&ection LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+Tm Version 5.2 Generated: 10/5/2006 3:38 PM HCS+" DETAILED REPOR� General Information Site Information Analyst PHR+A ,Agency or Co. PHR+A ,,Dale Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Baker Lane Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried Properties 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 1 0 1 0 0 1 0 0 1 0 Lane Group L T R LTR LTR LTR Volume, V (vph) 28 648 119 1 60 288 41 74 85 56 1 78 98 29 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.88 10.88 0.88 0.88 0.88 10.88 0.88 0.88 0.88 0.88 0.88 0.88 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 11.000 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 10.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 1 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Darking Maneuvers, Nm Buses Stopping, NB 0 0 0 1 0 0 0 Min. Time for Pedestrians, Gp 3.2 1 3.2 3.2 3.2 Phasing EW Perm 02 03 04 NS Perm 06 07 08 Timing G= 38.0 G= G= G= G= 30.0 G= G= G= Y= 6 Y= Y= Y= Y= 6 Y= Y= ly= Duration of Analysis, T = 0.25 Cycle Length, C = 80.0 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 32 736 135 442 245 233 Lane Group Capacity, c 407 876 745 532 550 541 v/c Ratio, X 0.08 0.84 0.18 0.83 10.45 0.43 Total Green Ratio, g/C 0.47 0.47 0.47 0.47 0.38 0.38 Uniform Delay, di 11.5 18.3 12.1 18.2 18.8 18.6 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.38 0.11 0.37 0.11 0.11 Incremental Delay, d2 0.1 7.4 0.1 10.7 0.6 0.6 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 11.5 25.7 12.2 28.9 19.3 19.2 Lane Group LOS B C B C B B Approach Delay 23.2 28.9 19.3 19.2 Approach LOS C C B B tIntersection Delay 15 I Xc = 0.67 I In&-ction LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:39 PM HCS+I. DETAILED REPORT Site Information General Information Analyst PHR+A )Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Site Drive Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #A 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 1 0 1 1 Lane Group LT TR L R Volume, V (vph) 249 291 1 388 249 1 55 55 % Heavy Vehicles, %I -IV 0 0 0 1 3 1 3 1 0 Peak -Hour Factor, PHF 0;89 0.89 0.89 0.89 0.89 0.89 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 0 0 110 0 0 0 Lane Width 12.0 12.0 12.0 12.0 'Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, Na 0 0 1 1 10 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only 06 07 08 Timing G= 21.0 G= 47.0 G= G= G= 10.0 G= G= G= Y= 0 Y= 6 Y= Y= Y= 6 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 607 705 62 62 Lane Group Capacity, c 743 931 195 664 v/c Ratio, X 0.82 0.76 0.32 0.09 Total Green Ratio, g/C 0.76 0.52 0.11 0.41 Uniform Delay, di 7.0 I T O 36.9 16.2 Progression Factor, PF 1.000 1.000 1.000 1.000 Delay Calibration, k 0.36 0.31 0.11 0.11 Incremental Delay, dZ 7.1 3.6 0.9 0.1 ;initial Queue Delay, d3 0.0 0.0 0.0 0.0 Control Delay 14.1 20.6 37.8 16.3 Lane Group LOS g C D B Approach Delay 14.1 20.6 27.0 Approach LOS 1C C Intersection Delay -0 18.4 X = 0.83 Intersection LOS B CCopyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:39 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Site Drive Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #A 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 1 0 1 1 Lane Group LT TR L R Volume, V (vph) 85 517 345 85 1 321 321 % Heavy Vehicles, %HV 0 0 0 3 3 0 Peak -Hour Factor, PHF 0.89 0.89 0.89 0.89 0.89 10.89 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 1 10 1 0 0 1 0 Lane Width 12.0 12.0 12.0 12.0 ;Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 Min. Time for Pedestrians, G4p 3.2 1 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only 06 07 08 Timing G= 26.0 G= 37.0 G= G= G= 25.0 G= G= G= Y= 0 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 100.0 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 677 472 361 361 Lane Group Capacity, c 741 683 438 921 v/c Ratio, X 0.91 0.69 0.82 0.39 Total Green Ratio, g/C 0.63 0.37 0.25 0.57 Uniform Delay, di 16.1 26.7 35.4 11.9 Progression Factor, PF 1.000 1.000 1.000 1.000 Delay Calibration, k 0.43 0.26 0.36 0.11 Incremental Delay, d2 15.8 3.0 12.1 0.3 ,Initial Queue Delay, d3 0.0 0.0 0.0 0.0 Control Delay 31.9 29.7 47.5 12.2 Lane Group LOS C C D B Approach Delay 31.9 29.7 29.9 Approach LOS Intersection Delay 1 30.6 = 0.84 I Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:39 PM HCS+TM DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SIB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 87 684 22 88 844 493 33 47 125 1310 50 52 % Heavy Vehicles, %HV 3 1 3 3 3 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 10.91 10.91 0.91 0.96 0.96 0.96 0.95 0.95 0.95 0.85 0.85 0.85 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 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 13.0 3.0 13.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 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 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 8 0 0 1 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 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, Ns 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP T3 2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 5.0 G= 30.0 G= G= G= 22.0 G= 15.0 G= G= Y= 0 IY= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 84.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SIB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 96 767 92 879 514 84 132 365 120 Lane Group Capacity, c 192 1459 213 1254 1083 271 280 459 751 v/c Ratio, X 0.50 0.53 0.43 0.70 0.47 0.31 0.47 0.80 0.16 Total Green Ratio, g/C 0.42 0.42 0.36 0.36 0.69 0.18 0.18 0.26 0.44 Uniform Delay, di 17.5 18.3 20.5 23.2 6.0 30.0 30.9 28.9 14.1 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.13 0.11 0.27 0.11 0.11 0.11 0.34 0.11 Incremental Delay, d2 2.0 0.4 1.4 1.8 0.3 0.7 1.3 9.4 0.1 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 'Control Delay 19.6 18.7 21.9 24.9 6.3 30.7 32.2 38.3 14.2 Lane Group LOS B B C C A C C D B Approach Delay 18.8 18.3 31.6 32.4 Approach LOS B B C C IIntersection Delay I 406 I X= 0.76 I In*lction LOS I C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:40 PM HOS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 0 1 2 1 0 1 1 1 1 0 Lane Group L TR L T R LT R L TR Volume, V (vph) 138 1623 25 110 1418 433 65 80 88 668 80 130 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 -3 3 3 3 3 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.96 0.96 0.96 0.95 0.95 0.95 0.85 0.85 10.85 Pretimed (P) or Actuated (A) A A A A A A A A A A A A Start-up Lost Time, H 2.0 2.0 2.0 2.0 2.0 12.0 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 10.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 8 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 112.0 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, N. Buses Stopping, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 5.0 G= 47.0 G= G= G= 24.0 G= 12.0 G= G= Y= 0 IY= 6 Y= Y= IY= 0 Y= 6 Y= IY= Duration of Analysis, T = 0.25 Cycle Length, C = 100.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH I RT Adjusted Flow Rate, v 152 1803 115 1477 451 152 93 786 247 Lane Group Capacity, c 162 1824 74 1651 1207 164 188 420 602 v/c Ratio, X 0.94 0.99 1.55 0.89 0.37 0.93 0.49 1.87 0.41 Total Green Ratio, g/C 0.52 0.52 0.47 0.47 0.77 0.12 0.12 0.24 0.36 Uniform Delay, di 22.0 23.7 26.5 24.2 3.7 43.6 41.2 38.0 24.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1,000 1.000 1.000 1,000 Delay Calibration, k 0.45 0.49 0.50 0.42 0.11 0.44 0.11 0.50 0.11 Incremental Delay, d2 52.7 18.3 305.1 6.8 0.2 49.3 2.0 401.1 0.5 Initial Queue Delay, d3 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 Control Delay 74.7 42.0 331.6 31.0 3.9 92.9 43.2 439.1 24.5 Lane Group LOS E D F C A F D F C Approach Delay 44.6 41.9 74.0 340.0 Approach LOS D D E F Intersection Delay I &.8 I Xc = 1.64 I InWction LOS I F Copyright © 2005 University of Florida, All Rights Reserved h1CS+TM Version 5.2 Generated: 10/5/2006 3:40 PM HCS+TM DETAILED REPOR General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried 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 2 0 1 2 1 1 1 1 2 1 0 Lane Group L TR L T R L T R L TR Volume, V (vph) 87 684 22 88 844 493 33 47 125 1310 50 52 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.96 0.96 10.96 0.95 0.95 0.95 0.85 0.85 0.85 Pretimed (P) or Actuated (A) A A A A A j A A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 2.0 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 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 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 1.000 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 10.0 0.0 10.0 0.0 Ped / Bike / RTOR Volumes 0 0 8 0 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 1 12.0 12.0 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, Ns 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 5.0 G= 40.0 G= G= G= 18.0 G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 1 Y 1Y= 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 96 767 92 879 514 35 49 132 365 120 Lane Group Capacity, c 248 1751 282 1561 1115 209 308 261 681 625 v/c Ratio, X 0.39 0.44 0.33 0.56 0.46 0.17 0.16 0.51 0.54 0.19 Total Green Ratio, g/C 0.50 0.50 0.44 0.44 0.71 0.17 0.17 0.17 0.20 0.37 Uniform Delay, d, 13.9 14.4 16.2 18.5 5.6 32.1 32.1 34.1 32.3 19.4 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 j 1.000 1.000 1.000 1.000 Delay Calibration, k 0.11 0.11 0.11 0.16 0.11 0.11 0.11 0.11 0.14 0.11 Incremental Delay, d2 1.0 0.2 0.7 0.5 0.3 0.4 0.2 1.6_ 0.8 0.2 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 14.9 14.6 16.9 19.0 5.9 32.5 32.3 35.7 33.1 19.6 Lane Group LOS g B B B A C C D C B Approach Delay 14.6 14.3 34.4 29.7 Approach LOS 8 Akc C Intersection Delay 18.3 X = 0.62 Intersection LOS 8 Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:41 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Route 7 Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Project ID Seefried 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 2 0 1 2 1 1 1 1 2 1 0 Lane Group L TR L T R L T R L TR Volume, V (vph) 138 1623 25 110 1418 433 65 80 88 668 80 130 % Heavy Vehicles, %HV 3 3 1 3 3 1 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.91 0.91 0.91 0.96 0.96 0.96 0.95 0.95 0.95 0.85 10.85 0.85 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 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 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 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 1.000 1,000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 8 0 1 0 0 0 1 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 �rking / 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 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 5.0 G= 47.0 G= G= G= 24.0 G= 12.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 100.0 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 152 1803 115 1477 451 68 84 93 786 247 Lane Group Capacity, c 162 1824 74 1651 1207 134 221 188 817 602 v/c Ratio, X 0.94 10.99 1.55 10.89 0.37 0.51 0.38 0.49 0.96 0.41 Total Green Ratio, g/C 0.52 0.52 0.47 0.47 0.77 0.12 0.12 0.12 0.24 0.36 Uniform Delay, d, 22.0 23.7 26.5 24.2 3.7 41.2 40.6 41.2 37.6 24.0 Progression Factor, PF 1,000 1.000 1.000 1,000 1.000 1.000 11.000 1.000 1.000 1,000 Delay Calibration, k 0.45 0.49 0.50 0.42 0.11 0.12 0.11 0.11 0.47 0,11 Incremental Delay, d2 52.7 18.3 305.1 6.8 0.2 3.2 1.1 2.0 122.6 0.5 pitial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 74.7 42.0 331.6 31.0 3.9 44.4 41.7 43.2 60.2 24.5 Lane Group LOS E D F C A D D D E C Approach Delay 44.6 41.9 1 43.0 51,6 Approach LOS 1 0 1 D •D D Intersection Delay 44.9 X c = 1.31 Intersection LOS D Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:42 PM Ah HCS+" DETAILED REPORT General Information NowSite Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried Properties 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 2 1 1 2 1 0 1 0 0 1 1 Lane Group L T R L T R LTR LT R Volume, V (vph) 617 1496 88 118 1553 717 67 23 29 433 20 409 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 0.94 0.94 0.94 0.94 0.94 0.94 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 2.0 2.0 1 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 0 0 0 10 0 0 75 Lane Width 12.0 12.0 12.0 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, NB 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 20.0 G= 46.0 G= G= G= 14.0 G= 9.0 G= G= Y= 0 Y= 6 Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 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 656 1591 94 120 1585 732 115 482 355 Lane Group Capacity, c 347 1600 714 420 1600 1025 58 401 761 v/c Ratio, X 1.89 0.99 0.13 0.29 0.99 0.71 1.98 1.20 0.47 Total Green Ratio, g/C 0.20 0.46 0.46 0.65 0.46 0.65 0.09 0.23 0.49 Uniform Delay, di 40.5 27.4 15.9 15.9 27.3 11.4 46.0 39.0 17.3 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.50 0.11 0.11 0.49 0.28 0.50 0.50 0.11 Incremental Delay, d2 411.4 21.1 0.1 0.4 20.2 2.4 497.9 112.5 0.5 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 'Control Delay 451.9 48.5 16.0 16.2 47.5 13.8 543.9 151.5 17.8 Lane Group LOS F D B B D B F F B Approach Delay 160.2 35.8 543.9 94.8 Approach LOS F D F F IIntersection Delay I 5 I Xc = 1.25 I l0ection LOS F Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:43 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried Properties Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 2 1 1 2 J 0 1 0 0 1 1 Lane Group L T R L T R LTR LT R Volume, V (vph) 376 1494 84 64 1688 389 56 34 33 1639 29 575 % Heavy Vehicles, %HV 3 3 3 3 3 1 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 0.94 10.94 0.94 0.94 0.94 0.94 Pretimed (P) or Actuated (A) A A A A A A A A A A A A Start-up Lost Time, h 2.0 2.0 2.0 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 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 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 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0:0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 1 0 0 0 10 0 0 75 Lane Width 12.0 12.0 12.0 12.0 12.0 112.0 112,0 1 12.0 112.0 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 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 15.0 G= 47.0 G= G= G= 20.0 G= 7.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 400 1589 89 65 1722 397 120 711 532 Lane Group Capacity, c 260 1634 730 333 1634 1133 53 470 745 v/c Ratio, X 1.54 0.97 10.12 0.20 1.05 0.35 12.26 1.51 0.71 Total Green Ratio, g/C 0.15 0.47 0.47 0.61 0.47 0.72 0.07 0.27 0.48 Uniform Delay, d, 43.0 26.4 15.3 17.0 27.0 5.2 47.0 37.0 21.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.50 0.48 0.11 0.11 0.50 0.11 0.50 0.50 0.28. Incremental Delay, d2 260.7 16.2 0.1 0.3 38.0 0.2 624.3 241.5 3.3 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 10.0 0.0 0.0 0.0 0.0 Control Delay 303.7 42.5 15.4 17.3 65.0 5.4 671.3 278.5 24.3 Lane Group LOS F D B B E A =F F C Approach Delay 91.6 52.7 671.3 169.7 Approach LOS F D F F IIntersection Delay I 40,2 I Xc = 1.27 I Ir ection LOS I F Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:43 PM HCS+7M DETAILED REPOR General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period AM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried 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, N1 2 2 1 1 2 1 1 1 0 2 1 1 Lane Group L T R L T R L TR L T R Volume, V (vph) 617 1496 88 118 1553 717 67 23 29 1433 20 409 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 0.94 10.94 0.94 0.94 0.94 0.94 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 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 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 3 3 1 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 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 1.000 1.000 1.000 1.000 ji.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 .0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 0 1 0 0 0 10 0 0 75 Lane Width 12.0 12.0 12.0 12.0 12.0 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, NB 0 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 SB Only NS Perm 07 08 Timing G= 20.0 G= 46.0 G= G= G= 14.0 G= 9.0 G= G= Y= 0 IY= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 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 656 1591 94 120 1585 732 71 44 461 21 355 Lane Group Capacity, c 674 1600 714 420 1600 1025 122 153 472 420 761 v/c Ratio, X 0.97 0.99 10.13 0.29 0.99 0.71 0.58 0.29 0.98 0.05 0.47 Total Green Ratio, g/C 0.20 0.46 0.46 0.65 0.46 0.65 0.09 0.09 0.14 0.23 0.49 Uniform Delay, di 40.2 27.4 15.9 15.9 27.3 11.4 44.2 43.0 43.3 30.5 17.3 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.48 0.50 0.11 0.11 0.49 0.28 0.17 0.11 0.48 0.11 0.11 Incremental Delay, d2 28.0 21.1 0.1 0.4 20.2 2.4 6.9 1.0 35.3 0.0 0.5 )Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 68.2 48.5 16.0 16.2 47.5 13.8 51.1 44.0 78.6 30.5 17.8 Lane Group LOS E D B B D B D D E C B Approach Delay 52.7 35.8 48.4 51.6 Approach LOS Amw D D D Intersection Delay 45.3 X c = 0.95 Intersection LOS D Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:43 PM Ak HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Rt. 11 & Welltown Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 2010 Build -out Conditions Project ID Seefried 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, Ni 2 2 1 1 2 1 1 1 0 2 1 1 Lane Group L T R L T R L TR L T R Volume, V (vph) 376 1494 84 64 1688 389 56 34 33 639 29 575 % Heavy Vehicles, %HV 3 3 3 3 3 3 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.98 0.98 0.98 10.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or Actuated (A) A A A A A A A A A A A I A Start-up Lost Time, Ii 2.0 2.0 2.0 2.0 2.0 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 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 1 3 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 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 1.000 1.000 1.000 1.000 11.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 1 0 0 1 0 0 0 0 0 10 0 0 75 Lane Width 12.0 12.0 12.0 12.0 112.0 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, NB 0 0 0 0 0 0 0 0 0 0 0 Min. Time for Pedestrians, GP 3.2 I I 3.2 3.2 3.2 t Phasing Ex 1. Left EW Perm 03 04 SB Only NS Perm 07 1 08 Timing G= 15.0 G= 47.0 G= G= G= 20.0 G= 7.0 G= G= Y= 0 Y= 6 Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 101.0 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 400 1589 89 65 1722 397 60 60 680 31 532 Lane Group Capacity, c 505 1634 730 333 1634 1133 94 120 674 493 745 v/c Ratio, X 0.79 0.97 0.12 0.20 1.05 0.35 0.64 0.50 1.01 0.06 0.71 Total Green Ratio, g/C 0.15 0.47 0.47 0.61 0.47 0.72 0.07 0.07 0.20 0.27 0.48 Uniform Delay, di 41.5 26.4 15.3 17.0 27.0 5.2 45.8 45.3 40.5 27.6 21.0 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.34 0.48 0.11 0.11 0.50 0.11 0.22 0.11 0.50 0.11 0.28 Incremental Delay, d2 8.4 16.2 0.1 0.3 38.0 0.2 13.6 3.3 36.9 0.1 3.3 jInitial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Control Delay 49.9 42.5 15.4 17.3 65.0 5.4 59.4 48.6 77.4 27.6 24.3 Lane Group LOS D D B 8 E A E D E C C Approach Delay 42.8 52.7 54.0 53.4 Approach LOS Intersection Delay XC = 0.97 I Intersection LOS Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:43 PM I ,WO -WAY STOP CONTROL SLI VWRY General Information ISite Information Intersection Fort Collier Road/Brooke Road Analyst PHR+A Agency/Co. PHR+A urisdiction Virginia Date Performed 06/01/06 Analysis Year 10 80 Conditions Analysis Time Period M Peak Hour Project Description Seefried Properties - Scenario #A East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 172 280 42 39 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR (veh/h) 0 181 294 44 41 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 1 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 1 L T R L T R Volume (veh/h) 364 166 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR (veh/h) 0 0 0 383 0 174 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R v (veh/h) 44 383 174 C (m) (veh/h) 1082 652 859 v/c 0.04 0.59 0.20 95% queue length 0.13 3.83 0.76 Control Delay (s/veh) 8.5 18.1 10.3 SOS A C B Approach Delay (s/veh) -- -- 15.6 [Approach LOS -- ---T C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:44 PM O-WAY STOP CONTROL SUN*.RY General Information Isite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 06101106 Analysis Time Period PM Pear Hour Intersection Fort Collier Road/Brooke Road Jurisdiction Virginia Analysis Year 10 BO Conditions Project Description Seefried Properties - Scenario #A East/West Street: Brooke Road North/South Street: Fort Collier Road 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 (veh/h) 57 490 172 176 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 1Hourly Flow Rate, HFR (veh/h) 0 64 556 195 200 0 Percent Heavy Vehicles 2 -- -- 3 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 1 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 1 L T R L T R Volume (veh/h) 318 70 Peak -Hour Factor, PHF 0.88 0.88 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR (veh/h) 0 0 0 361 0 79 Percent Heavy Vehicles 2 0 2 3 0 3 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 1 0 1 Configuration L R Delay, Queue Length, and Level of Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L L R (veh/h) 195 361 79 C (m) (veh/h) 956 342 998 vlc 0.20 1.06 0.08 95% queue length 0.76 12.88 0.26 Control Delay (s/veh) 9.7 99.8 8.9 kF0S A F A pproach Delay (s/veh) -- -- 83.5 pproach LOS -- -- F Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:44 PM HCS+" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6/01/06 Time Period AM Peak Hour Intersection Fort Collier Rd/Brooke Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 80 Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #A 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 0 1 0 0 1 Lane Group LR TR LT Volume, V (vph) 418 25 30 529 12 9 % Heavy Vehicles, %HV 3 1 3 3 3 3 3 Peak -Hour Factor, PHF 0.89 0.89 0.96 0.96 0.78 0.78 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 Arrival Type, AT 3 3 3 Unit Extension, UE 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 Initial Unmet Demand, Qb 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 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 NS Perm 06 07 08 Timing G= 40.0 G= G= G= G= 38.0 G= G= G= Y= 6 Y= Y= Y= IY= 6 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 I TH RT LT TH RT Adjusted Flow Rate, v 498 582 27 Lane Group Capacity, c 777 679 592 v/c Ratio, X 0.64 0.86 1 0.05 Total Green Ratio, g/C 0.44 0.42 0.42 Uniform Delay, di 19.4 23.5 15.3 Progression Factor, PF 1.000 1.000 1.000 Delay Calibration, k 0.22 0.39 0.11 Incremental Delay, d2 1.8 10.6 0.0 Initial Queue Delay, d3 0.0 0.0 0.0 Control Delay 21.2 34.2 15.3 Lane Group LOS 4.21 C C B Approach Delay 34.2 15.3 Approach LOS aC 8 Intersection Delay 27,9 X� 0.75 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:44 PM HCS+TM DETAILED REPORTAh General Information Site Information MW A nalyst PHR+A Agency or Co. PHR+A Date Performed 6/01/06 Time Period PM Peak Hour Intersection Fort Collier Rd/Brooke Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 80 Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #A 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 0 1 0 0 1 Lane Group LR TR LT Volume, V (vph) 639 27 14 575 27 32 % Heavy Vehicles, %HV 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.89 0.89 0.96 0.96 10.78 0.78 Pretimed (P) or Actuated (A) A. A A A A A Start-up Lost Time, h 2.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 Arrival Type, AT 3 3 3 Unit Extension, UE 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 0 0 1 0 0 1 0 0 Lane Width 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 Min. Time for Pedestrians, GPF-- 3.2 3.2 3.2 Phasing WB Only 02 03 04 J NS Perm 06 07 08 Timing G= 40.0 G= G= G= G= 39.0 G= G= G= Y= 6 Y= Y= Y= IY= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 91.0 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 748 614 76 Lane Group Capacity, c 770 687 505 v/c Ratio, X 0.97 0.89 0.15 Total Green Ratio, g/C 0.44 0.43 0.43 Uniform Delay, d, 24.9 24.1 15.9 Progression Factor, PF 1.000 1.000 1.000 Delay Calibration, k 0.48 0.42 0.11 )Incremental Delay, d2 25.5 14.2 0.1 Initial Queue Delay, d3 0.0 0.0 0.0 Control Delay 50.4 38.3 16.0 Lane Group LOS D D B Approach Delay 50.4 38.3 16.0 Approach LOS AM16 D al D 8 Intersection Delay 43.4 X� = 0.93 Intersection LOS D Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:44 PM HCS+'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6/01/06 Time Period AM Peak Hour Intersection Fort Collier Rd/Brooke Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #B Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of Lanes, Ni 1 1 1 0 1 1 Lane Group L R TR L T Volume, V (vph) 364 274 279 280 66 64 % Heavy Vehicles, %HV 3 3 3 3 3 3 Peak -Hour Factor, PHF 0.89 10.89 10.96 0.96 0.78 0.78 Pretimed (P) or Actuated (A) A A I A A A A Start-up Lost Time, 11 2.0 2.0 12.0 2.0 2.0 Extension of Effective Green, e 2.0 2.0 2.0 2.0 2.0 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 11.000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 10.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 10 0 0 0 0 0 )Lane Width 12.0 112.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB'Only NS Perm 07 08 Timing G= 30.0 G= G= G= G= 16.0 G= 42.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 100.0 Lane Group Capacity, Confrol Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted Flow Rate, v 409 297 583 85 82 Lane Group Capacity, c 526 815 722 435 1070 v/c Ratio, X 0.78 0.36 10,81 10.20 0.08 Total Green Ratio, g/C 0.30 0.52 0.42 0.58 0.58 Uniform Delay, d, 32.0 14.2 25.5 12.3 9.2 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.33 0.11 0.35 0.11 0.11 Incremental Delay, d2 7.3 0.3 1 6.8 0.2 0.0 Initial Queue Delay, d3 0.0 0.0 0.0 0.0 0.0 Control Delay 39.2 14.5 32.2 12.5 9.3 Lane Group LOS D B C B A Approach Delay 28.8 32.2 10.9 Approach LOS 0 C C e Intersection Delay 28.1 XC = 0.76 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:45 PM HCS+'M DETAILED REPORTAh General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 6101106 Time Period PM Peak Hour Intersection Fort Collier Rd/Brooke Road Area Type All other areas Jurisdiction Frederick County, VA Analysis Year 10 BO Conditions Seefried Properties Project ID (Suggested Improvement) - Scenario #B 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 1 0 1 1 Lane Group L R TR L T Volume, V (vph) 318 112 99 490 348 352 % Heavy Vehicles, %HV 3 1 3 1 3 3 3 3 Peak -Hour Factor, PHF 0.89 0.89 0.96 0.96 0.78 0.78 Pretimed (P) or Actuated (A) A A A A A A Start-up Lost Time, 11 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 Arrival Type, AT 3 3 3 3 3 Unit Extension, UE 3.0 3.0 3.0 3.0 3.0 Filtering/Metering, 1 1.000 1.000 1:000 1.000 1.000 Initial Unmet Demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR Volumes 0 0 1 10 0 1 0 0 0 0 )_ane Width 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N Parking Maneuvers, Nm Buses Stopping, NB 0 0 0 0 0 Min. Time for Pedestrians, Gp 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 25.0 G= G= G= G= 16.0 G= 42.0 G= G= Y= 6 Y= Y= Y= Y= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 95.0 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 357 115 613 446 451 Lane Group Capacity, c 461 776 724 461 1126 v/c Ratio, X 0.77 0.15 0.85 0.97 0.40 Total Green Ratio, g/C 0.26 0.49 0.44 0.61 0.61 Uniform Delay, di 32.4 13.1 23.6 18.8 9.5 Progression Factor, PF 1.000 1.000 1.000 1.000 1.000 Delay Calibration, k 0.32 0.11 0.38 0.47 0.11 )ncremental Delay, d2 8.0 0.1 9.2 33.5 0.2 Initial Queue Delay, d3 0.0 1 0.0 10.0 10.0 0.0 Control Delay 40.4 13.2 32.8 52.3 9.8 Lane Group LOS D B C D A Approach Delay 33.8 32.8 30.9 Approach LOS I r I C I AkC I C Intersection Delay I 32.2 I X c = 0.89 Intersection LOS C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.2 Generated: 10/5/2006 3:45 PM 0 Traffic Counts E-W: jRoum 11 Weather DRY Filc Name �ersection: N-S: ROUTE 839 Count By JJP Input By JJP Location Wincllesler,VA Count Date 5/11/2006 15 Minute EB: ROUTE 11 WB: ROUTE 11 NB: ROUTE 839 SB: ROUTE661 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 33 259 16 308 21 304 44 369 13 4 4 21 56 4 54 114 812 7:00 7:15 34 271 18 323 25 316 34 375 18 5 7 30 61 3 60 124 852 7:15 7:30 47 266 22 335 26 322 39 387 14 6 8 28 60 4 66 130 880 7:30 7:45 49 243 19 311 29 305 40 374 12 5 6 23 55 6 59 120 828 7:45 8:00 52 226 20 298 19 299 36 354 14 6 6 26 46 6 55 107 785 8:00 8:15 46 189 16 251 14 259 37 310 15 5 4 24 41 8 45 94 679 8:15 8:30 40 144 12 196 17 235 34 286 20 7 3 30 47 9 46 102 614 8:30 8:45 42 159 13 214 1 12 212 31 255 1 14 6 4 24 52 11 40 103 596 18:45 A.M. Total 343 1757 136 2236 163 2252 295 2710 1 120 44 42 206 418 51 425 894 604G A.M. Total 16:00 44 266 16 326 12 261 49 322 12 6 7 25 52 7 56 115 788 16:00 16:15 46 279 20 345 15 278 51 344 13 7 8 28 66 7 65 138 855 16:15 16:30 51 286 19 356 13 286 53 352 14 6 5 25 70 4 74 148 881 16:30 16:45 60 294 16 370 15 298 50 363 10 7 8 25 70 6 76 152 910 16:45 17:00 66 307 17 390 12 289 56 357 11 9 7 27 68 8 59 135 909 17:00 17:15 64 288 14 366 15 280 48 343 7 7 9 23 51 5 54 110 842 17:15 17:30 50 271 12 333 11 270 40 321 4 4 7 15 39 2 49 90 759 17:30 17:45 45 259 9 313 12 259 34 305 1 5 4 8 17 35 3 40 78 713 17:45 P.M. Total 426 2250 123 2799 105 2221 381 2707 76 50 59 185 451 42 473 966 1 6657 P.M -Total 1 hour EB: ROUTE 11 WB: ROUTE 11 NB: ROUTE 839 SB: ROUTE661 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining /:00 163 1039 75 1277 101 1247 157 1505 57 20 25 102 232 17 239 488 3372 7:00 7:15 182 1006 79 1267 99 1242 149 1490 58 22 27 107 222 19 240 481 3345 7:15 7:30 194 924 77 1195 88 1185 152 1425 55 22 24 101 202 24 225 451 3172 7:30 7:45 187 802 67 1056 79 1098 147 1324 61 23 19 103 189 29 205 423 2906 7:45 8:00 180 718 61 959 62 1005 138 1205 63 24 17 104 186 34 186 406 2674 8:00 16:00 201 1125 71 1397 55 1123 203 1381 49 26 28 103 258 24 271 553 3434 16:00 16:15 223 1166 72 1461 55 1151 210 1416 48 29 28 105 274 25 274 573 3555 16:15 16:30 241 1175 66 1482 55 1153 207 1415 42 29 29 100 259 23 263 545 3542 16:30 16:45 240 1160 59 1459 53 1137 194 1384 32 27 31 90 228 21 238 487 3420 16:45 17:00 225 1125 52 1402 50 1098 178 1326 27 24 31 82 193 18 202 413 3223 17:00 1 I -lour EB: ROUTE 11 WB: ROUTE 11 NB: ROUTE 839 SB: ROUTE661 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 163 1039 75 1277 101 1247 157 1505 57 20 25 102 232 17 239 488 3372 7:00 A.M. Peak PHF = 0.95 PHF = 0.97 PHF = 0.85 PHF = 0.94 0.96 A.M. Peak 16:15 223 1166 72 1461 55 1151 210 1416 48 29 28 105 274 25 274 573 3555 16:15 P.M. Peak PHF = 0.94 PHF = 0.98 PHF = 0.94 1 PHF = 0.94 1 0.98 1P.M. Peak rsection: E-W: IFORT COLLIER RD Weather RAIN File Name N-S: BROOKS RD Count By JJP Input By JJP Location Winchester, VA Count Date 5/15/2006 15 Minute EB: WB: FORT COLLIER RD NB: BROOKS RD SB: BROOKS RD 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Tluu Right Total Left Thru Right Total E & W Begining 7:00 0 0 0 0 56 0 8 64 0 3 55 58 8 6 0 14 136 7:00 7:15 0 0 0 0 66 0 2 68 0 3 53 56 4 1 0 5 129 7:15 7:30 0 0 0 0 82 0 7 89 0 12 68 80 0 4 0 4 173 7:30 7:45 0 0 0 0 96 0 5 101 0 7 56 63 4 2 0 6 170 7:45 8:00 0 0 0 0 67 0 7 74 0 4 62 66 2 1 0 3 143 8:00 8:15 0 0 0 0 62 0 1 63 0 5 43 48 1 2 0 3 114 8:15 8:30 0 0 0 0 48 0 2 50 0 5 41 46 1 2 0 3 99 8:30 8:45 0 0 0 0 34 0 2 36 0 3 43 46 4 2 0 6 88 8:45 A.M. Total IF 0 0 0 0 511 0 34 545 0 42 421 463 24 20 0 44 1052 A.M. Tota] 16:00 0 0 0 0 64 0 6 70 0 4 98 102 6 9 0 15 187 16:00 16:15 0 0 0 0 69 0 5 74 0 3 102 105 6 6 0 12 191 16:15 16:30 0 0 0 0 77 0 6 83 0 3 109 112 7 9 0 16 211 16:30 16:45 0 0 0 0 62 0 6 68 0 2 110 112 4 3 0 7 187 16:45 17:00 0 0 0 0 65 0 2 67 0 1 104 105 2 6 0 8 180 17:00 17:15 0 0 0 0 57 0 1 58 0 1 62 63 2 5 0 7 128 17:15 17:30 0 0 0 0 54 0 0 54 0 2 62 64 6 3 0 9 127 17:30 17:45 0 0 0 0 39 0 2 41 1 0 1 43 44 2 4 0 6 91 17:45 P.M. Total 0 0 0 0 487 0 28 515 0 17 690 707 35 45 0 80 1 1302 P.M. Total 1 Hour EB: WB: FORT COLLIER RD NB: BROOKE RD SB: BROOKE RD I Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining l i:00 0 0 0 0 300 0 22 322 0 25 232 257 16 13 0 29 608 7:00 7:15 0 0 0 0 311 0 21 332 0 26 239 265 10 8 0 18 615 7:15 7:30 0 0 0 0 307 0 20 327 0 28 229 257 7 9 0 16 600 7:30 7:45 0 0 0 0 273 0 15 288 0 21 202 223 8 7 0 15 526 7:45 8:00 0 0 0 0 211 0 12 223 0 17 189 206 8 7 0 15 444 8:00 16:00 0 0 0 0 272 0 23 295 0 12 419 431 23 27 0 50 776 16:00 16:15 0 0 0 0 273 0 19 292 0 9 425 434 19 24 0 43 769 16:15 16:30 0 0 0 0 261 0 15 276 0 7 385 392 15 23 0 38 706 1G:30 16:45 0 0 0 0 238 0 9 247 0 6 338 344 14 17 0 31 622 16:45 17:00 0 0 0 0 215 0 5 220 0 5 271 276 12 18 0 30 526 17:00 1 Hour EB: WB: FORT COLLIER RD NB: BROOKE RD SB: BROOKE RD 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:15 0 0 0 0 311 0 21 332 0 26 239 265 10 8 0 18 615 7:15 A.M. Peak PI -IF = PHF = 0.82 PHF = 0.83 PHF = 0.75 0.89 A.M. Peak 16:00 0 0 0 0 272 0 23 295 0 12 419 431 23 27 0 50 776 16:00 P.M. Peak PHF = PHF = 0.89 PHF = 0.96 PHF = 0.78 0.92 P.M. Peak ersection: E-W: BROOKE RD Weather DRY File Name N-S: I ROUTE 1 I Count By JJP Input By JJP Location JWINCHESTER,VA Count Datc 5/16/2006 15 Minute EB: WB: BROOKS RD NB: ROUTE I I SB: ROUTE 1 I 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Lett Thru Right Total Left Thru Right Total E & W Begining 7:00 0 0 0 0 19 0 18 37 0 40 48 88 54 45 0 99 224 7:00 7:15 0 0 0 0 24 0 20 44 0 46 51 97 60 50 0 110 251 7:15 7:30 0 0 0 0 21 0 26 47 0 52 55 107 68 59 0 127 281 7:30 7:45 0 0 0 0 35 0 17 52 0 41 53 94 55 67 0 122 268 7:45 8:00 0 0 0 0 31 0 39 70 0 47 60 107 58 62 0 120 297 8:00 8:15 0 0 0 0 32 0 28 60 0 65 44 109 54 60 0 114 283 8:15 8:30 0 0 0 0 25 0 22 47 0 40 38 78 41 41 0 82 207 8:30 8:45 0 0 0 0 33 0 26 59 0 33 45 78 25 52 0 77 1 214 18:45 A.M. Total 11 0 0 0 0 220 0 196 416 0 364 394 758 415 436 0 777 851 2025 A.M. Total 16:00 0 0 0 0 78 0 51 129 0 88 38 126 44 64 0 108 363 16:00 16:15 0 0 0 0 66 0 46 112 0 79 33 112 38 59 0 97 321 16:15 16:30 0 0 0 0 54 0 44 98 0 63 37 100 37 63 0 100 298 16:30 16:45 0 0 0 0 53 0 28 81 0 66 57 123 33 70 0 103 307 16:45 17:00 0 0 0 0 60 0 31 91 0 80 59 139 44 73 0 117 347 17:00 17:15 0 0 0 0 60 0 39 99 0 67 63 130 46 49 0 95 324 17:15 17:30 0 0 0 0 51 0 46 97 0 47 44 91 33 55 0 88 276 17:30 17:45 0 0 0 0 42 0 36 78 1 0 54 37 91 31 57 0 88 257 17:45 P.M. Total 0 0 0 0 464 0 321 785 0 544 368 912 306 490 0 FP.M. Total I Hour EB: WB: BROOKE RD NB: ROUTE I I SB: ROUTEII 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining d:00 0 0 0 0 99 0 81 180 0 179 207 386 237 221 0 458 1024 7:00 7:15 0 0 0 0 111 0 102 213 0 186 219 405 241 238 0 479 1097 7:15 7:30 0 0 0 0 119 0 110 229 0 205 212 417 235 248 0 483 1129 7:30 7:45 0 0 0 0 123 0 106 229 0 193 195 388 208 230 0 438 1055 7:45 8:00 0 0 0 0 121 0 115 236 0 185 187 372 178 215 0 393 1001 8:00 16:00 0 0 0 0 251 0 169 420 0 296 165 461 152 256 0 408 1289 16:00 16:15 0 0 0 0 233 0 149 382 0 288 186 474 152 265 0 417 1273 16:15 16:30 0 0 0 0 227 0 142 369 0 276 216 492 160 255 0 415 1276 16:30 16:45 0 0 0 0 224 0 144 368 0 260 223 483 156 247 0 403 1254 16:45 17:00 0 0 0 0 213 0 152 365 0 248 203 451 154 234 0 388 1204 17:00 1 Hour EB: WB: BROOKE RD NB: ROUTE 11 SB: ROUTEII 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:30 0 0 0 0 119 0 110 229 0 205 212 417 235 248 0 483 1129 7:30 A.M. Peak PHF = PHF = 0.82 PHF = 0.96 PHF = 0.95 0.95 A.M. Peak 16:00 0 0 0 0 251 0 169 420 0 296 165 461 152 256 0 408 1289 16:00 P.M. Peak PHF = I PHF = 0.81 PHF = 0.91 PHF = 0.94 1 0.89 ILP.M. Peak 0 ersection: E-W: ROUTE 7 Weather DRY File Name l N-S: I FT. COLLIER RD Count By JJP Input By JJP Location Winchester, VA Count Date 5/18/2006 15 Minute EB: ROUTE 7 WB: ROUTE 7 NB: FT. COLLIER RD SB: FT. COLLIER RD 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 9 94 12 115 18 81 64 163 7 10 26 43 40 11 5 56 377 7:00 7:15 4 128 6 138 20 89 72 181 11 9 25 45 44 8 7 59 423 7:15 7:30 7 112 12 131 17 118 81 216 9 17 26 52 42 20 13 75 474 7:30 7:45 9 99 5 113 15 127 82 224 9 13 25 47 53 19 6 78 462 7:45 8:00 12 74 7 93 20 123 66 209 9 9 33 51 53 13 11 77 430 8:00 8:15 7 92 6 105 22 115 50 187 6 12 32 50 62 17 8 87 429 8:15 8:30 6 108 4 118 25 122 67 214 9 15 28 52 58 12 7 77 461 8:30 8:45 7 110 5 122 21 142 68 231 9 11 32 52 55 8 9 72 1 477 8:45 A.M. Total 61 817 57 935 158 917 550 1625 69 96 227 392 407 108 66 581 3533 A.M. Total 16:00 30 189 9 228 25 188 89 302 6 20 18 44 96 17 15 128 702 16:00 16:15 39 198 6 243 21 201 83 305 12 29 18 59 72 18 13 103 710 16:15 16:30 24 210 6 240 30 179 75 284 17 15 25 57 117 19 8 144 725 16:30 16:45 21 223 8 252 33 184 87 304 21 17 23 61 73 25 21 119 736 16:45 17:00 19 255 5 279 26 180 67 273 15 19 22 56 90 18 14 122 730 17:00 17:15 28 199 7 234 27 143 90 260 12 12 23 47 86 17 16 119 660 17:15 17:30 27 185 6 218 33 161 79 273 10 17 20 47 77 21 15 113 651 17:30 17:45 15 179 3 197--j 21 141 60 222 11 11 17 39 65 14 12 91 549 17:45 P.M. Total 203 1G38 50 1891 216 1377 630 2223 104 140 166 410 676 149 114 777939 54G3j P.M. Total 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: FT. COLLIER RD SB: FT. COLLIER RD 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining l /:00 29 433 35 497 70 415 299 784 36 49 102 187 179 58 31 268 1736 7:00 7:15 32 413 30 475 72 457 301 830 38 48 109 195 192 60 37 289 1789 7:15 7:30 35 377 30 442 74 483 279 836 33 51 116 200 210 69 38 317 1795 7:30 7:45 34 373 22 429 82 487 265 834 33 49 118 200 226 61 32 319 1782 7:45 8:00 32 384 22 438 88 502 251 841 33 47 125 205 228 50 35 313 1797 8:00 16:00 114 820 29 963 109 752 334 1195 56 81 84 221 358 79 57 494 2873 16:00 16:15 103 886 25 1014 110 744 312 1166 65 80 88 233 352 80 56 488 2901 16:15 16:30 92 887 26 1005 116 686 319 1121 65 63 93 221 366 79 59 504 2851 16:30 16:45 95 862 26 983 119 668 323 I110 58 65 88 211 326 81 66 473 2777 16:45 17:00 89 818 21 928 107 625 296 1028 48 59 82 189 318 70 57 445 2590 17:00 1 Hour EB: ROUTE 7 WB: ROUTE 7 NB: FT. COLLIER RD SB: FT. COLLIER RD I Hour Period N,S, Period Begining Left Thtu Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 8:00 32 384 22 438 88 502 251 841 33 47 125 205 228 50 35 313 1797 8:00 A.M. Peak PHF = 0.90 PHF = 0.91 PHF = 0.99 PHF = 0.90 0.94 A.M. Peak 16:15 103 886 25 1014 110 744 312 1166 65 80 88 233 352 80 56 488 2901 1 16:15 P.M. Peak PHF = 0.91 1 PI -IF = 0.96 PHF = 0.95 PHF = 0.85 0.99 P.M. Peak ',.rsection: E-W: FORT COLLIER RD Weather DRY File Name N-S: IBAKER RD Count By JJP Input By JJP Location Winchester, VA Count Date 5/22/2006 15 Minute EB: FORT COLLIER RD WB: FORT COLLIER RD NB: BAKER RD SB: BAKER RD 15 Min. Period N,S, Period Begining Left Tliru Right Total Left Thru Right Total Left Tliru Right Total Left Thru Right Total E & W Begining 7:00 8 39 7 54 10 49 9 68 11 10 3 24 16 8 1 25 171 7:00 7:15 2 33 5 40 6 68 13 87 10 8 4 22 17 15 4 36 185 7:15 7:30 9 28 5 42 5 66 12 83 14 9 3 26 9 14 4 27 178 7:30 7:45 10 40 8 58 5 91 21 117 23 17 4 44 16 11 8 35 254 7:45 8:00 12 34 14 60 3 46 14 63 11 5 4 20 7 16 4 27 170 8:00 8:15 7 31 8 46 3 61 19 83 12 4 2 18 13 12 9 34 181 8:15 8:30 9 30 16 55 1 35 22 58 10 11 2 23 10 8 7 25 161 8:30 8,45 3 26 11 40 2 25 13 40 9 8 4 21 10 10 6 26 127 1 8:45 A.M. Total IF 60 261 74 395 35 441 123 599 100 72 26 198 98 94 43 235 1427 A.M. Total 16:00 5 75 36 116 11 42 17 70 18 23 14 55 18 20 6 44 285 , 16:00 16:15 10 59 30 99 23 45 10 78 13 23 23 59 26 26 7 59 295 16:15 16:30 4 80 26 110 9 40 10 59 16 21 12 49 19 22 8 49 267 16:30 16:45 9 66 27 102 17 46 4 67 27 18 7 52 15 30 8 53 274 16:45 17:00 5 60 29 94 6 42 13 61 21 10 14 45 16 29 9 54 254 17:00 17:15 4 83 31 118 6 38 15 59 18 8 9 35 14 17 7 38 250 17:15 17:30 7 49 22 78 8 34 20 62 17 14 9 40 14 23 6 43 223 17:30 17:45 5 43 20 68 4 32 15 51 16 12 4 32 17 16 7 40 191 17:45 P.M. Total 49 515 221 785 84 319 104 507 146 129 92 367 139 183 58 380 2039 P.M. Total 1 Hour EB: FORT COLLIER RD WB: FORT COLLIER RD NB: BAKER RD SB: BAKER RD 1 Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining w i�00 29 140 25 194 26 274 55 355 58 44 14 116 58 48 17 123 788 7:00 7:15 33 135 32 200 19 271 60 350 58 39 15 112 49 56 20 125 787 7:15 7:30 38 133 35 206 16 264 66 346 60 35 13 108 45 53 25 123 783 7:30 7:45 38 135 46 219 12 233 76 321 56 37 12 105 46 47 28 121 766 7:45 8:00 31 121 49 201 9 167 68 244 42 28 12 82 40 46 26 112 639 8:00 16:00 28 280 119 427 60 173 41 274 74 85 56 215 78 98 29 205 1121 16:00 16:15 28 265 112 405 55 173 37 265 77 72 56 205 76 107 32 215 1090 16:15 16:30 22 289 113 424 38 166 42 246 82 57 42 181 64 98 32 194 1045 16:30 16:45 25 258 109 392 37 160 52 249 83 50 39 172 59 99 30 188 1001 16:45 17:00 21 235 102 358 1 24 146 63 233 1 72 44 36 152 61 85 29 175 918 17:00 1 Hour EB: FORT COLLIER RD WB: FORT COLLIER RD NB: BAKER RD SB: BAKER RD 1 FIour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 29 140 25 194 26 274 55 355 58 44 14 116 58 48 17 123 788 7:00 A.M. Peak PHF = 0.84 PHF = 0.76 PHF = 0.66 PBF = 0.85 0.78 A.M. Peak 16:00 28 280 119 427 60 173 41 274 74 85 56 215 78 98 29 205 1121 16:00 P.M. Peak PHF = 0.92 PHF = 0.88 PHF = 0.91 PHF = 0.87 1 0.95 ILP.M. Peak 4k�Joo�� 0 0 EX. RA ZONE 48.77 AC ry� EX. MH-1 ZONE \ \ \ ryryry 27.24 AC 204J3• TOTAL AREA 76.00 A C. s2; , v SEEFRIED PROPERTY Patton, Harris, Rust & Associates 0 o \ ZONING BOUNDARY 117 E. Picadilly St. Winchester, Virginia 22601 Cb o p VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGINIA Virginia Records Search • 0 Page I of I Instrument Number: 990004470 Chan ge/Filing:0/1 Fips: 069 1 of 2 pages a � � •,y' --_ �• ��, ��� ..fib` --_. ivrwwaa.vti ►era Ho. 209•Rovtrod—V. C. 19G0. 9sa 8�.1-13a :�Q ���c.��.:•'';= a A F F I D A V I T The Commonwealth of Virginia, BK 9 3 4 PG 0 6 5 8 Bounty of Frederick Help William'J. LockhartJr.-- after first being duly sworn, deposed and said as follows: That, Delitt Elizabeth Lockhart 7th ------ _-deparied this Isle on the._ -..._._._.-.__day of No Image'. Common - Mom•-•---- 19 98 Intestate, seized and possessed of the following real estate lying, being Problems and situate in the--- Frederick County' Virginia, described as follows: _Parcel of land with improvements in Stonewall District, a short distance Northeast City limits of Winchester, Virginia, known as a part of original _Aackwood Farm. (Book 204-3) Go to Page: That, the said_ Delitt Elizabeth Lockhart following persons: --_�.le(t as its/her cols heirs at low, the GO NAME RELATIONSHIP ADDRESS 22603 William James Lockhart, Jr. Son 1426 Baker Lane, Winchester, Va. - Joan E. Brock Daughter 2325 Hope [iill Rd. Fa�e6tesy Donald Eugene Lockhart Son 4604 65th St., L ack, Tx --•- 24901 Walter N. Lockhart �'-"" -"-' ---'--^ -- Son 328 Terrace, Lewisburg, •Ti:-V-a:'••"- nnhn.* c Tp kha Son 1441 Baker Lane, Winch., Va. 22603 ;I1141 -Linda T,WWII IIn_ Daughter P.O. Box 249, Redmond, Ut- 84652 start pre nxt end net, ; and ---- -- departed this life on Ibe day of 19__.._, Intestate, unmarried and without issue, and leaving as his/her sole heirs et law, the lofowlnq: Navigation: NAME RELATIONSHIP ADDRESS ® First Page ® Prev Page 0 Next Page ® Last Page Last Search Home Page That, by virtue of the Statute of Descent anand d Dldribuliom,-the._AIMye heir' a of IIB11Z.C_-$jWIL, th Lockhart are ---- ---__fix the true and lawful owner of the above described real estate; and That; the above described real estate stands in the name of gj"t, Elizabeth Lockhart on the land books of the said County of Frederick That. the said heir! s of Dellitt Elizabeth Lockhart and fernd, &&eased and indexed to i8 -desires that the said real estate be trans. i(dttir name as provided by Sactlon 64.1-135 of the Code of Virginia. their That the Clerk of the-_- CiX-C 1t Court of the County of Frederick Virginia, record this Instrument in his office and Index the same as provided by law, — abstract end also certtly en real eatof this affidanabovvfl s the Cmay be of Revenue of sald�..Qynt-V--.____in order that the said real estate herolnabove described may be traaslerred on the Land Books In the name o!- - and &¬ed�u1provii�ded by law. �r-P�a7rEDwAalaHRa asentativa AJJiont. Help https://risweb.courts.state.va.us/cgi-bin/display_lmage.p?LOCKHART%2C%2OWILLIA 11 /27/2006 Virginia Records Search 0 0 Page 1 of 1 14 h_ dt 1 Help No Image? Common Problems Go to Page: Go 71t 114J /1 start pre nxt end Navigation: ® First Page Prey Page © Next Pape ® Last Page Home Page Instrument Number: 990004470 Change/Filing:0/1 Fips: 069 2 of 2 pages Help BH934PG0659 Commonwealth of Virginia, Cooney .� Frederick I do hereby certify that_. will i am .lama ra nkhazt. Jr. , the affient whop me is aubmibed to the foregolag affidavit, duly swonandasedeoethto the eorreotnaeend truth of the lactsslatedtherein, before as In Ow satd— Coaaty f Frederick Conmonweallh of Virginia. Ibis 20th__ may of Uril Given under my hand, thy - 20th A.y of April 99 ep Clark of cf"06 Cowl. e >-3 �Rj s 9 VrnIF<CG,Nw t Cotm" aced • on the Od .n—a nn ud a .rlu,ow�l.gt- there .e to poor• m 4ty Dreg by oboe f�L -601 M f,end aa.1401 have been bn ppald, a as..6 1e /. (/ , Cleth https://risweb.courts. state.va.us/cgi-bin/display_image.p?LOCKHART%2C%20WILLIA... 11 /27/2006 10ediate TX Result Report ( Nov, A006 4:04PM ) * * x P. 1 Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Nov. 27. 4:02PM 540 665 0493 GBTES) 1 -28" P. 6 OK 50B9 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction x LAN —Fax + Delivery Q RX Notice Req. A RX Notice 0 0 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO:TcLkY i ck- COMPANY: FAX 9: (DZ9S C) J Remarks: Date: 111 Z-1 (u l° Number of Pages (including cover sheet) From the desk of: CQ�-n 6� Q-.,— • u ►#wr►•rwrwr#wwww####wr%r►#wwwwr►ww►►wwwwr%wrwrwrw• #319 # WILL IAM J. LOCKRART, ET UX TO: DEED ARCADIA MOBILE PARK)) INC. w wr%%ww%w%#w######►►1'r%w%%w%w#%##►%www www►w#%#%r%►% 3.� rQ ifl„ 461 ecor. THIS DEED made and dated this 6th day of February, 1969, by and between William J. Lockhart and Dellitt J. Lockhart, his wife, parties of the first part, hereafter referred to as Grantors; and Arcadia Mobile Park, Inc., a Virginia corporation, party of the second part, hereafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10), and other valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee all the following real estate, together with the improvp- ments thereon and appurtenances thereunto belonging, lying and being situatedi in Stonewall Magisterial District, Frederick County, Virginia, northeast of the City of Winchester and south of Interstate Highway, more particularly described as follows according to plat and survey of Edward B. Higgs, C. L. S dated February 4, 1969, hereto attached and made a part hereof: 1 , Beginning at a point in the Western line of Route 81, a corner i to Place; thence leaving said Route 81 with said Place and Dunlap N 70' 05' 50" W 1001.46 feet to an iron; thence continuing with three lines of said Dunlap N 84' 01' 00" W 240. 48 feet to an iron, N 51' 58' 50" W 148. 10 feet to a spike in the road, N 48' 55' 20" W 1685.41 feet to a post; thence leaving said Dunlap N 34. 44' 40" E 417.14 feet to a point; thence N 38' 14' 50" E 666.86 feet to a point, a new corner to Lockhart; thence with two new lines of said Lockhart S 48' 59' 20" E 1709. 28 feet to a point in the centerline of a ten foot water line easement of the City of Winchester; S 05. 05' 55" E 523.49 feet to a point in the Western line of said Route 81; thence leaving said Lockhart with three lines of said Route 81 S 8' 24' 20" E 143. 26 feet to a monument S 7' 53' 20" E 68.77 feet to a monument, 49' 09L0" E 498. 32 feet to a monument; thence continuing with Route 81 on a curve to the right (Central Angle - 5. 36", Radius - 3988. 29 feet, Tangent - 195. 10 feet, Chord - 389. 65 feet, Chord Bearing - S 6' 21' 201' E) 389.81 feet to the beginning containing 64.321 acres. The aforesaid is a portion of that exact same property acquiredi I by the Grantors by deed from E. B. Clevenger, et ux, bearing date January 23, 1948, of record in the Office of the Clerk of the Circuit Court of Fredericka $GULLY 6k SWPSON ATTGA L-AT-LAW WIMCML.T... VA. 9 SCVILY Q SIMPSON 1.ORMLv IwiUlw WINCHI-- V.. "('' "j0 it(E 4�Q County, Virginia in Deed Book 204, page 3, to which deed and the references therein contained reference is here made for a more particular description and further derivation of title. The Grantors do hereby reserve an easement or right of way along the present road running in a northeasterly direction from the land of Dunlap to the other lands of the Grantors, which right of way is parallel to and west of.the ten inch water line as shown on the attached plat and 1125 feet in length. The Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. Witness the following signatures and seals the day and year first above written: (SEAL) William J. Lockhart / `x (SEAL) Dellitt J. LotzkharC State of Virginia County of Frederick, To -wit: 1. / Lfl. cJ �� a Notary Public in and for the County and State a oresaid, certify that William J. Lockhart and Dellitt J. Lockhart, whose names are signed to the foregoing writing dated the day of February, 1969, have personally appeared before me in my County and State aforesaid and acknowledged the same. My Commission expires: SA/6 ti Given under my hand this'j] ' day of February, 1969. l.J Notary Public -2- 7 L • Y `I I v.. . , i�.,-...- L1 �' f< 1 3 o/ a r c � R 1 .i s O 1• t � t \ L � r 0 n - 1 350 483 C. 4 3 Z I AC Q E 5 � V / O N PLAT 5"OWIN6 n h � A POQTION OF O WILLIAM J. LOCKHART n �w LANDS 3TOM C WALL DI OT QICT FRCDCQICK COUNTY VIQGINIA, • n N h 3c ALf. I - ZC>C1 I E 0 W UAIPY 4. 1-3 V (h Ih ti Q HI0G15 4 SHUMATC ~ J Enl vlr+f CPS SUQV E`<OQ! STAUN'TC," WAV N[SIi C,QO t p VIG GI NIA Cp WA IWO 13 /-11 .C-!S. CL S r i""Ago L, 0 d 0 N N • r�s0 N P, • ACT NKd1tR ,Nl.ItnY: r. ptH,T. / O D ►1P,N ♦ T,rf d , of in U. •OS• ,, p9 12 :* of a ' 1 1 98-123 C� MII3PG0094 In the circuit Clerk's Of£ica of Frederick County, Virginia, on the __i8 day of. ,Tune , 19 ()8_. On motion of YjI I I i a m ,Jamc ,; LoukharL, Jr., son of Dellitt Elizabeth Lockhart., deceased William James Lockhart, ,Jr. is hereby appointed Administrator of the estate of the said Dellitt Elizabeth Lockhart deceased: Whereupon the said William James Lockhart, Jr. -qualified by taking the prescribed oath and entering into and acknowledging bond in the penalty of Twenty-five Thousand Dollars _ with Robert Stephen Lockhart as his surety he having justified as to his gufficiencv. a the motion of uaid William James Lockhart, Jr. m inventory is to be filed on tier oatate. 1K NOTE: A photo -copy of a signed will war produced to the Clerk by the original could not be found. Such copy was not accepted by the Clerk. 98-123 lYy04KATA2,ryvWw4*orm No. 1e?.W—List or Ibire—Cods ID50, 4oc. M 1.134 Veins H113eG0095 In the Clerk's Office of the Circuit-Courtofthe.._Cc,unt.y.--_of_.. ('rederick lWate of De 1 1 i t. t F 1 i z a be tL We. 1, the undersigned, who this day qualified before the Clerk of the _t=1 r uu l t. Court of the =i�X:tQ1PSt!>t:"lSdit49fd1 M !(dt f41I County of Frederic'Y. 'in 1"94VW/AdmanLtratorofthe "into of Dellitt Eliza t)et LLockhar�,(Inceassd.Into oft hot _CGuntY of Frederick VlrgWe, an lily oath do say that tiwe have made diligent inquiry and that I/we believe the follore- bW to be a true and correct list together with the apes and the address of the heirs of my/our decadent who died t"NA/Intaetateon May 7, 1998 LIST Or :HEIRS N.WE Approximate ACF Relationship APDRISS William James Lockhart. •68 Son a er L a n e ch-atnr Va_ 22Anl Donald Eugene Lockhart Walter Merrell Lockhart 64 62 Son Son Lubbock, Texas Lewisburq, West Va. Joan Lockhart Brock 60 Daughter _Fayetteville, North Caro Robert Stephen Lockhart 59 Son h f Ef, ORe 22603 Linda Lockhart Wilson 55 Daughter Redmond, Utah Given under my -hand -.this !kith day of_ June Ili 98. Admininlrotor •`fads M M K1N K X :DIatJGtM Subscribed and sworn to before ma. thin 1 13 th (Illy „( vt{t1e 1 98 ,Clerk. Deputy Clerk, The fora Ip pLlst of Ilolrn was pronnotnd to the (;lurk of Iho Cirrlilt I;elojt of l' rvda r 1 ck Cctun t on the ' C11 day of �1.U11(_ le!1Il nl,d 11dnlitln(1 on �lcord 1)4 the Inw dirout� / �C(rC:'•� Vv Lina E • OKI1 3 PG 0 0 9 G I .,.,,.• ,,rl rIII , AFFI[)AV1'1' oi., No'rl('F. RF(;ARI)IN(; P:STNI I. (11" INhr1liked on MAY 7 r 1998 I. Ihr t1ndctt1pncJ. a1.11c undrt ".uh .Illnm dw h4h-11il I('hn•\ flit apflhtal•le I'll"l t UI•:LLITT ELI'/.AHETII LOCKHART I flid 1 am a prraalal rrprr.tnt:rlltc ill the r.tale Ill III,- Jc.c.t • J I• ; :m n.nnt•J �D 1 am a I•top,nent ,11 the mill ul dx• Jet ca,rd Iv1...it nil- J .11 •, r l_J 1 am a prra,nl wish an Intctc.t m ttte r.Ielc Irl Ihr dtt• .1., .1 1- —It ii.111ird .d>•11,. 2. 1 mailed of tkitarrvd Nnhut Ifs Jays of t{ualtlitattun tilt I,r, 1>,I, I t•,ht ..I Ihr nntt(c rrquncd h•. V) 04147 8 (1.1 1.122 2 to the foilnNtng IVrtt.nt at tht•Nn Ixt;— AUI)RFSS %%M RI DAIT: MAll.T T) %IA ILLVUR.U1.L1)1:RI.II VK VLL1Y-LR U b. /10�► J.t f�/���s� �yyl �y 1(r L' •etA �d �;�'1.+�v �p � i7 "�a (Chits re or: cither tr<k if rtl,xr +pace It nec.ktl, (Ct k if &Wscahk 1 I" suumAlc toth?NIng jVF%v % ll1_NTMMI tech sauce II rcquunl 1 (. jr( pf fl IWXst+1r1 A t_1 Alkr ecttttto not rr attlnxbk ,hhy rmir l ha.r IKrn vIv'•:I• e• ,4: r•nl. N.r n.ln.f: InIa. I, If" WA .A 11„• I--I-- drwYdaed Feknt It,xh at 1t rhll.t,d Itv thRralei I IVIl. +1 .t...,,tt Iv an IV,1 .a 1\nfhtr.It + th:V \el 11(' C,�"�•taJtt�Stalr d V t (� u• N, f� t_J(:MCr. C.A-z{ti,(o.— -501I t:Mxa &NJ $0,911 h:all•tnlyd Ix(,xt nor t•n Ih14 drtr bl ll c 11+ .t n,111M,! t1t•1,4•r1 1 UMa \ ~j!('111 Ria Ill. 1'1,'1N ('I I-RK m)l %R1 I'l Ill it' Sh ,. u.au•n rtlaltr. `(IT FI 1 11I1,6 4111'J til ItM%t IV m.NtIt.1 In IIM I lilt . ,I.,i •n Ihf (Yla,.nal et'plfarpldhtr ,IUd11111't11q low N11) N:It prtrluad VIR(lllilA In Iltr I'Irrt a 111h, r of 11.r ('1r, lilt 0-1111 Ihf . dat of Ibc P-rji—g Alll.la .1..1 h,41,r +.a. 1111. IIa) .0111.1t(.1 I-- --I I•1 Ovl-kat (lr,l, "Will, I.— + 1. .•n. .,).., I E !STATE OF *ORK, • COUNTY OF NEW YORK, ,I, lied V. Seeks ,Notary Public in and for the County aforesaid, in the State of New York, do certify that J. E. Fritts whose name is signed to the writing .above bearing date November 13, 1947, has acknowledged the.same before me in my County ;aforesaid; and I, Fred V. Saake, Notary Public, do also certify that the said J. E. Fritts, Assistant Manager of The Texas Company of the State of Delaware, has this day .acknowledged before me in my County aforesaid, that'the seal attached to the said writing, is the corporate seal of said corporation, and that the said writing is the °act and deed of the said Corporation. I j IJ�y commission expires Given under my hand and notarial seal this 26th day of December, 1947. SEAL FRED V. SAAKE Notary Public !Votary Public, State of New York Residing in'Queens County Queens Co. Clk's No. 4051, Red. No.529-S-9 Certificate filed in N.Y. Co. Clk's No. 2465, Reg. No. 2087-S-9 Ley commission expires March 30, 1949: 'VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was prmduced to me on the 27th !day of Jan. 1948 at 1:45 P. M. and with certificate of acknowledgment thereto annexed .was admitted to record. CLERK #98 # E. B. CLEVENGER ET ALS .TO ::. .• DEED # WM.J.LOCKHART � if#lt�tt#####itiF THIS DEED made and dated this 23rd day of January, 1948, by and between E. B. Clevenger and Vernie E. Clevenger, his wife, Carrie McVay and Charles E. McVay, her husband, and the Farmers & Merchants National Bank, incorporated, of Winchester, Virginia, and J. Leslie Reed,.Trustees, under the will of John W. Reed, all parties of the first part, Wm. J. Lockhart, party of the second part, and J. Leslie Reed and Elner Reed, his wife, and Margaret K. Reed, widow, parties of the third part. WHEREAS, the late Constance I. Clevenger, who died intestate many years ago, was at the time of her death seized and possessed of the hereinafter Dalivered To W. ward L--k hi 4 $' described real estate; and WHEREAS, said real estate upon the death of said Constance I. Cleveng*scended to her three sons, viz, Roberto Clevenger, Louis R. Clevenger, E. B. Clevenger, and one daughter, Carrie McVey, nee Clevenger, who constituted all of her heirs and distributees at law; and WHEREAS, the said Robert G. Clevenger and wife conveyed his one-fourth undivided interest in said land to the late John W. Reed by deed dated May 29, 1925, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 153, page 252, and the said Louis R. Clevenger and wife con- veyed his one-fourth undivided interest in and to said land to the said John W. Reed by deed dated June 15, 1925, and of record in said Clerk's Office in Deed Book No. 153, page 339; and WHEREAS, the said John W. Reed died testate, and by Clause 7 of his last will and testament duly probated on the 29th day of October, 1940, and of record in the aforesaid Clerk's Office in Will Book No. 54, page 49, devised his residuary estate, which included the hereinafter described land, to the Farmers & Merchants National Bank & 'Trust Company, now farmers & Merchants National Bank of Winchester, Virginia, and J. Leslie Reed, as Trustees, giving to said Trustees the full right and authority to sell and transfer the corpus of said trust estate; and WHEREAS, the said parties of the first part have agreed to sell, and by these presents do sell and convey said real estate to the party of the second part. NOW THEREFORE, in consideration of the premises, and the sum of Twelve Thousand Dollars ($12,000.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, the said E. B. Clevenger and wife, and Carrie McVey and husband with general warranty of title, and the said Farmers & Merchants National Bank, Incorporated and J. Leslie Reed, as Trustees, with special warranty of title, unto the party of the second part, his heirs and assigns forever, all of that certain tract or parcel of land containing 208 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate a short distance Northeast of the City limits of Winchester, in Stonewall District, Frederick County, Virginia, adjoining the lands of Fay and others, known as a part of the original Hackwood Farm, and being the remaining portion of that certain larger tract or parcel of land which was allotted and conveyed, to the said Constance I. Clevenger by partition deed dated April 28, 1882, and of record in the aforesaid Clerk's Office in Deed Book No. 98, page 239. The portion allotted to Constance I. Clevenger by said partition deed contained 414 acres, 3 roods and 32 poles, more or less, and from said larger tract or parcel of land, the said Constance I. Clevenger and husband conveyed to John S. Strickler a tract of land containing 206 acres, more or less, by deed dated April 29, 1882, and of record in the aforesaid Clerk's Office in Deed Book No. 98, page 472, thus leaving 208 acres, more or less, which is conveyed by this deed. This conveyance, however, is in gross and not by the acre. The said parties of the third part unite in this deed for the express purpose of confirming, and do hereby confirm, this conveyance, and further do grant, sell, convey, and release, unto the party of the second part, his heirs and assigns forever, any and all right, title, and interest, which they may have in and to said property as beneficiaries under the aforesaid trust provisions of the will of John W. Reed, Deceased. Witness the following signatures and seals. $13.20 -• CAiX LL1ED Attest: J. H. YOST ec y E. B. CLEVENGER (SEAL) VERNIE E. CLEVENGER (SEAL) CARRIE McVAY (SEAL) CHARLES E. McVAY (SEAL) Farmers & Merchants National Bank, Inc., Trustee under the will of John W. Reed by PAUL M. HALDERMAN (SEAL) Vice President J. LESLIE REED (SEAL) Trustee under the will of John W. Reed J. LESLIE REED ELNER REED MARGARET K. REED (SEAL) (SEAL) (SEAL) State of Virginia County of Frederick, to —wit: I, Virginia Ritter, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that E. B. Clevenger, Vernie E. Clevenger, his wife, Carrie McVay, Charles E. McVay, her husband, Paul M. Haldeman, Vice President of the Farmers & Merchants National Bank, Incorporated, as Trustee under the will of John W. need, J. Leslie Reed, as Trustee, under the will of John W. Reed, J. Leslie Reed, Elner Reed, his wife, and Margaret K. Reed, whose names are signed to the foregoing writing bearing date of January 23, 1948, have personally appeared before me in my county aforesaid, and acknowledged the same. Given under my hand this 27th day of January, 1948. My commission expires March 24, 1948. VIRGINIA RITTER Notary Public �h VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 27th day of Jan. 1948 at 2:10 P. M. and with cer Hfir.AtA of AnknnwlAaamwnt f.hArAfA nnnAV4A vI. TAX TICKET ViewDetail 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# :. RE2006 Ticket #: 1 213660001, FRQ: 1 ! Sup#: 0 Name:. LOCKHART, WILLIAM J & ETALS Account#: 15325 Name 2 Map#: :54 A 89 Address:: Description: i25.12 ACRES 1345 BAKER LN WINCHESTER, VA :22603 Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: $192,200 Improve: -- - $121,200 Use: Original Bill.: $822.68::Payments: $822.68-: Acres 25.12; Penalty Paid:. Int Paid: Discount: _ Amount Owed: Other: Last Date: 05/12/2006 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $822.68 $822.68 5/12/2006 Payment 80300 ($822.68) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www. co.fi ederick.va.us/applications/REPublicInquiryNiewDetail. aspx 10/4/2006 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 9800001 FRQ: 1 Sup#: 0 _' Name::ARCADIA MOBILE PARK, INC. Account#:15327 Name 2 Map#: 54 A 91 Address:: Description: 64.32 ACRES 1345 BAKER LN WINCHESTER, VA. 122603 Bill Date::06/05/2006 Due Date: 06/05/2006 Land:, $1,608,000 Improve: $1,535,000 Use: Original Bill:z $8,250.38 payments: $8,250.38 Acres: 64.321 Penalty Paid: Int Paid: - - -_----__._. Discount: Amount Owed:. Other: Last Date: 09/19/2006 Total Owed:' Penalty: Interest: Note that if payment has been received within the last 10 business days; any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $8,250.38 $8,250.38 5/12/2006 Payment 79442 ($8,250.36) $0.02 9/19/2006 Abated 0 ($0.02) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Searcfi Previous https://www. co. fi ederick.va. us/applicationsIREPublicInquiryNiewDetail. aspx 10/4/2006 5 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: December 22, 2006 The amount of $50.00 was deposited in line #3-010-013030-0007 for the company named below had a deposit for one sign for Rezoning #19-06 for Seefried Properties. The company 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: Seefried Industrial Properties 4200 Northside Pkwy Bldg 1 Suite 300 Atlanta, GA 30327 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 ' RECEIVED FROM ^nnnrco '~v"''u",`�w��/ FOR RENT LIFOR AUT OF ACCOUNT CASH AMT. PAID CHECK ^ � ' ._�ft� -` 1 oe re net ss�o vo� P►aa �� aSJ`e` l° Jn 5 oa �,tiO,S $�6 lSApl�S aaseSS �,�@c°. o�o I,,v a° o �`' 1G�• m �cr '�o`o��a�FOti4 ,cep ` �1 GO • O� � a e� • • _ • � Jet, paay a a°��a� a�a • • • • �r N ' e�S r4 eye a�F • • • . a t c �lO�� oo� o� �o •.T A X �aay,ayaGaJss•••••G�5'ttc0a�co, DERICK COUNTY ,ao�ro�t fot••••G�Sa�,te�a�eS• /. WILLIAM ORNDOFF, Q.O. BOX 225 • tit a�a° �ea� • oeF �e 9 / WINCHESTER �s s � VS R E C E I P T JR VA 22604-0225 FO ��c�a0` �$ ZONING APPLICATIONS olo4o i c0�`` a5o S��o vie Ticket #:00016170001 Date : 11/14/2006 Register: CAL/CA Trans. #: 15944 Dept # ZASP Acct# Previous Balance $ 11250.00 Principal Being Paid $ 11250.00 Penalty $ .00 Interest $ .00 Amount Paid $ 11250.00 *Balance Due $ .00 Pd by PLANNING & DEVELOMENT Check 18667.46 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2006 Page 1 of 1 Eric Lawrence From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Thursday, January 04, 2007 12:06 PM To: 'Sloan Evans' Subject: RE: Seefried Property Letter of Credit Hi Sloan. Attached are two documents. The first is the standard LOC language that the accepts; the language should be printed on the lending institutions letterhead. The second attachment is a revised LOC more applicable to the Seefried property. Please contact me with questions. Thanks Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(d,)co.frederick.va.us www.co.frederick.va.us -----Original Message ----- From: Sloan Evans[mailto:sevans@johnsondevelopment.net] Sent: Thursday, January 04, 2007 9:51 AM To: elawrenc@co.frederick.va.us Cc: Copeland Rhea; Garrett Scott; Patrick R. Sowers Subject: Seefried Property Letter of Credit Eric, Please find attached the draft letter of credit from Bank of America associated with Rezoning #19-06, Seefried Property. According to the Proffer Statement sent by your office on December 14, 2006, we are to issue a letter of credit showing the County of Frederick as the beneficiary in the amount of $400,000 for transportation improvements to the Route 11 North — Fort Collier — Route 7 East area. Patrick Sowers indicated you would be the appropriate contact at the Department of Planning and Development. Please review the attached draft letter of credit language and please let us know of any changes you feel are necessary. At that point we will convey the changes to Bank of America. If you do not have any changes, please have the letter of credit initialed as accepted and we will have Bank of America issue it immediately. Please note that one paragraph has been modified to better represent he language outlined in the proffer statement. Once you have a chance to review, please call me at 864-594-5825 to verify that you received this email and to discuss in greater depth. We look forward to getting this letter of credit issued for the benefit of the County of Frederick. Sincerely, Sloan Evans 1 /4/2007 0 Seefried proffered condition language... print on bank letterhead IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 DATE OF ISSUE: EXPIRATION DATE: ISSUING BANK ABA NO.: AMOUNT: ISSUING BANK: ADDRESS: We hereby issue our Irrevocable Letter of Credit No. in favor of the Treasurer, County of Frederick, Virginia, for the account of , its agents, successors or assigns for a sum not exceeding U.S. dollars ($ ) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning Administrator or an authorized representative, stating that WINCHESTER INDUSTRIAL PROPERTIES, LLC has not satisfactorily completed their proffered obligation as stated in Rezoning #19-06 Seefried Property, item 1.4. More specifically, the proffer states that the applicant shall pay the County of Frederick $400,000 to be used by the County for transportation improvements in the Route 11 North — Fort Collier — Route 7 East area. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the proffered cash contribution towards transportation improvements in the Route 11 North — Fort Collier — Route 7 East area pursuant to the agreement of the applicant, developer, or his agent to comply with said ordinance as a condition of the approval of rezoning #19-06 to the satisfaction of the Zoning Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing to: "Zoning and Subdivision Administrator, Frederick County Planning Department, Suite 202, 107 North Kent Street, Winchester, Virginia 22601 ", by certified mail, return receipt requested, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that WINCHESTER INDUSTRIAL PROPERTIES, LLC , has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Permittee or Developer) stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: Authorized Signature Typed or Printed Name Title IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 DATE OF ISSUE: EXPIRATION DATE: ISSUING BANK ABA NO.: AMOUNT: ISSUING BANK: ADDRESS: We hereby issue our Irrevocable Letter of Credit No. in favor of the Treasurer, County of Frederick, Virginia, for the account of , its agents, successors or assigns for a sum not exceeding U.S. dollars ($ ) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on , the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, Chapter 165, Zoning Ordinance, and/or Chapter 79, Erosion and Sediment Control Ordinance, of the Frederick County, Virginia Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing to: "Zoning and Subdivision Administrator, Frederick County Planning Department, Suite 202, 107 North Kent Street, Winchester, Virginia 22601 ", by certified mail, return receipt requested, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that , has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Perinittee or Developer) stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: Authorized Signature Typed or Printed Name Title Pile: U:\Mark\Bonds and LOC's\Irrevocable Letter Of Credit Bank Agreement\Revised 08/10/06 JHN-YJJ-�b(7 ( 1`f: F�J F rom:CHNK *LKlum C1JJVvv i BANK OF AMnRICA - CONFIDENTIAL DATE; JANUARY 3, 2007 IRREVOCABLE STANDBY LliTTER OF CREDIT NUMBER' 3086177 S B 20EF I CIARY COUNTY OF FREDERICKZ 107 NORTH KENT STREET SUITE 202 WINCHESTE:R, VIRGT-NIA 22601.-5000 Dpj�FT COPY pOTL DISCtJ9Si0N Rb VTM P05Es 6m, U`� .vLEASE 5T(}tiz -<-, : tLCC PTI�ICE 311QD ARpnvAL ""' i::r;t�" TRTX3 R^ORM: t3;Pr�CrDFr .PACE: 1 APPLICANT WINQHRSTI R I iNDUSTRIAL PROPBR' TIES LLC 961 E . MAIN 1S'TREE;T. S PARTANDTJRlC , S C 2 9 3 0 2 AMOUNT NOT .FXCEED'�G USD 400,.000.00 NOT 1 XCEI:DfNG E'OUR. HUNDRED THOUSAND Lb�, 0 0 f 100 ' S US DOLLARS EXPl. RATION• JANUARY 81, 12 0 0 9 AT OUR C01MMERS WE kEREBY ESTABLISH IN YOUR: FAVOR OUR TR.REVOCABLEI STANTyBY LETTER. OF CREDIT NUMBER 3086177 WHICH IS A.V.iAILABLE WITH BA�K( OF AMERICA N.-A. BY PAYMVNT AGAINST PRESENTATION OF THE -ORIGINAL OF1 Tii S LE'T'TER. Off' -MEDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERI.". N.A., ACCOMPANIED BY THE FOLLOWING DOCUMENT: BBNEFICTARY'S SIGNED STATEMENT STAT-T.NO: RESTER INDUSTRT.AL PROPERTIES, LL S D PER T TFRI AND CO.. OF THE AGREE CHESTE ij i-NDUSTR eIOW .PROPERTIES, LLC Y OF FREDERICK FOR. S ORTAT IMPROVE N THE ROUTE- FQR1' COL . ' 'M3, 7 EAST WE HEREBY AGR8E WITH YOU THAT DOCUMENTS PRESENTiU' I[N COMPLIANCE WIT] THE:- TERMS OF THIS LETTER OF CREDIT WILL BE DULY I HONORED UPON PRESENTATION TO US AT BANK OF AMERICA, N.A. , 10001 W. ' .TEMPLTs STREET, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA 900121; Atl'N: STANDBY LETTERS OF CREDIT DEPARTMENT ON OR n?,FORF THE SkPlkY DATE AS SPECIFIED liBREIN. THIS LETTER. OF CRED.LT IS SUBJECT TO THE INTERN.AT19t AL STANDBYPRACTICES 1998, ICC PUBLICATION NO- 590. i IF YOU REQUTRE ANY ASSISTANCE OR HAVE ANY' QUESTIO;4S REGARDING THIS. TTlANSAC:CION, PLEASE CALL 213-481-7844, BENEFICIARY'S SIGNED STATEMENT STATING: "WINCHESTER INDUSTRIAL PROPERTIES, LLC SHALL PAY THE COUNTY OF FREDERICK FOUR HUNDRED THOUSAND DOLLARS IN WHOLE OR IN INCREMENTS TO BE USED BY THE COUNTY FOR TRANSPORTATION IMPROVEMENTS IN THE ROUTE I I NORTH - FORT COLLIER - ROUTE 7 EAST AREA UPON THE PRESENTMENT OF A CERTIFIED DRAW REQUEST FROM THE COUNTY ADMINISTRATOR. THE OUTSTANDING COMMITMENT OF THE LETTER OF CREDIT WILL BE REDUCED BY THE AMOUNT OF EACH INCREMENTAL PAYMENT." • IRREVOCABLE LETTER OF CREDIT BANK AGREEMENT BENEFICIARY: PERMITTEE: Treasurer, County of Frederick 107 North Kent Street Winchester, VA 22601 DATE OF ISSUE: EXPIRATION DATE: ISSUING BANK ABA NO.: AMOUNT: ISSUING BANK: ADDRESS: We hereby issue our Irrevocable Letter of Credit No. in favor of the Treasurer, County of Frederick, Virginia, for the account of , its agents, successors or assigns for a sum not exceeding U.S. dollars ($ ) available by your sight draft on the above stated Issuing Bank and accompanied by documents stated below: A certified statement signed by the Zoning/Subdivision Administrator or an authorized representative, stating that has not satisfactorily completed the construction of, and/or satisfactorily maintained, all physical improvements that includes, but is not limited to, streets, curbing, gutter, sidewalks, above ground facilities, underground utilities and facilities, recreational facilities, drainage systems, designated open space and other required improvements located in or on , the approved subdivision or site plan. A statement signed by the Zoning/Subdivision Administrator or his representative that: "The drawing is for the explicit purpose of providing for the completion or maintenance of a required facility or function pursuant to the requirements of Chapter 144, Subdivision Ordinance, Chapter 165, Zoning Ordinance, and/or Chapter 79, Erosion and Sediment Control Ordinance, of the Frederick County, Virginia Code and pursuant to the agreement of the Subdivider, Developer, or his agent to comply with said ordinance as a condition of the approval of the subdivision or site plan to the satisfaction of the Zoning/Subdivision Administrator." We hereby engage with drawers, endorsees and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of the above documents. This Irrevocable Letter of Credit shall remain in full force and effect for a minimum of one (1) year from the date hereof and shall be automatically extended for additional terms of six (6) months from the present or future expiration dates, unless sixty (60) days prior to such date or dates, the above named bank or financial institution issuing the instrument, notifies the County in writing to: "Zoning and Subdivision Administrator, Frederick County Planning Department, Suite 202, 107 North Kent Street, Winchester, Virginia 22601 ", by certified mail, return receipt requested, that they elect not to renew the instrument for such additional period. During the last thirty (30) days while this Letter of Credit is in force and effect after notice of termination has been given, the County may draw up to the full amount of the sum when accompanied by a document stating that , has failed to provide an acceptable substitute Irrevocable Letter of Credit.or deposit in escrow, and a document stating that "The drawing will be held by the County for the sole purpose of providing for the completion and/or maintenance of the site plan and/or subdivision requirements to the satisfaction of the Zoning/Subdivision Administrator or his authorized representative." This credit shall be terminated upon the Zoning/Subdivision Administrator or his authorized representative giving written release to (Permittee or Developer) stating that they have satisfactorily performed and fulfilled the obligations and requirements of the subject site plan or subdivision. Attest: Authorized Signature Typed or Printed Narne Title File: U:\Mark\Bonds and LOC's\Irrevocable Letter Of Credit Bank Agreement\Revised 08/10/06 E:7 i� CO N. Y' DERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 s s MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Candice E. Perkins, Planner II'3'-� RE: Rezoning Application Proffer Statement DATE: October 17, 2006 Please find attached to this memorandum the proffer statement and application for the Seefried Property rezoning that has been submitted to the Department of Planning & 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. cc: John R. Riley, Jr., County Administrator Attaclunent CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of ISLE OF WIGHT."06 THE COURTHOUSE December 5, 2006 Mr. Eric R. Lawrence Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: Subject: Johnson Development Associates, Spartanburg, SC As Assistant County Administrator and immediate past Director of Economic Development for Isle of Wight County, Virginia, I have had the distinct pleasure of working closely with the Johnson Development Associates team since their first site visit to us in 2005. During the course of my career as an economic development practitioner, I have worked with many development companies. Of those many associations, JDA stands out head and shoulders above the rest — with a staff that consistently exhibits characteristics of professionalism, reliability, and above all else, trustworthiness. Many companies espouse the ability to partner. However, when you partner with a company like JDA, you will achieve successful results. Key to the success in JDA developments are quality, flexible product and aggressive deal structuring to secure high profile companies. Case in point is the recent construction of a 329,000 SF speculative building in the Shirley T. Holland Commerce Park. JDA serves as the exclusive speculative developer in this park and has committed to commencing construction of new facilities whenever a current facility reaches 80% occupancy. The quality construction and attractive appearance of these facilities is of high importance to us. I am certain JDA can provide you photographs and plans for the first facility should you wish to judge this for yourself. Although our County has invested in excess of $6 million on the site (a 350 acre fully serviced park) JDA's expenditure of $12 million on the building will be a key to our future success. My personal preference is that our locality provide site -^.'.'-duct and tht private sector provide buildings. JDA allows us to accomplish this exceptionally. Without question, JDA has delivered a quality project, in a timely fashion in Isle of Wight. Economic success in any community is predicated on an ability to leverage the talents and capacity of its partners. JDA is our partner and I recommend them to you. Should you have any questions, feel free to contact me at 757.365.6206. ]ere Pat ' . Small, c sttrrit County Administrator P.O. BOX 80 • ISLE OF WIGHT • VIRGINIA 23397 • (757) 357-3191 0 6 Dec-05-2006 04:09pm From -ISLE 0 1 HT +757-357-91T-602 P.002/002 F-751 0 COUNTY of ISLE OF WIGHT THE COURTHOUSE December 5, 2006 Mr. Eric R. Lawrence Frederick County Planning Commission 107 North Kent Strect Winchester, VA 22601 Dear Mr. Lawrence: Subject: Johnson Development Associates, Spartavbur?-, SC As Assistant County Administrator and immediate past Director of Economic Development for Isle of Wight County, Virginia, I have had the distinct pleasure of working closely with the Johnson Development Associates team since their first site visit to us in 2005. During the course of my career as an economic development practitioner, I have worked with many development companies. Of those many associations, JDA stands out head and shoulders above the rest — with a staff that consistently exhibits characteristics of professionalism, reliability, and above all else, trustworthiness. Many companies espouse the ability to partner, however, when you partner with a company like JDA, you -will achieve successful results. Key to the success in JDA developments are quality, flexible product and aggressive deal structuring to secure high profile companies. Case in point is the recent construction of a 329,000 SF speculative building in the Shirley T. Holland Commerce Park. = JDA serves as the exclusive speculative developer in this park and has committed to commencing construction of new facilities whenever a current facility reaches 80% occupancy. The quality construction and attractive appearance of these facilities is of high importance to us. I am certain JDA can provide you photographs and plans for the frst facility should you wish to judge this for yourself, Although our County has invested in excess of $6 million on the site (a 350 acre fully serviced park) JDA's expenditure of $12 million on the building will be a key to our fume" success. My personal preference is that our locality provide site product and the private sector provide buildings. JDA allows us to accomplish this exceptionally. Without question, JDA has delivered a quality project, in a timely fashion in Isle of Wight. Economic success in any community is predicated on an ability to leverage the talents and capacity of its partners. JDA is our partner and I recommend them to you. Should you have any questions, feel free to contact me at 757.365.6206. Patr' : $maIl, c _ sty County Administrator P.O. BOX 80 - 'ISLE OF WIGI-IT - VIRGINIA 23397 - (757) 357.3191 Arirp t!aan IDecember 5, 2006 r.ERK EILIEY (COUNTY ECONOMIC DEVELOPMENT Eric R. Lawrence Secretary of the Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 RE: Johnson Development Associates, Inc. Dear Mr. Lawrence: It has come to my attention that Johnson Development Associates (JDA) is considering an investment in Frederick County, and they have asked me to describe our partnership. JDA entered our community in 2000, promising to provide our county with industrial warehouse, distribution, and light manufacturing facilities. They have made good on their promises and are far exceeding our expectations, already developing over one million square feet of "Class A" industrial buildings and redeveloping a vacant manufacturing building into a corporate headquarters for a vitreous china distribution company they helped us recruit to the area. In addition to these accomplishments, they currently have 855,612 square feet under construction in Berkeley County, including a 342,926 square foot speculative facility. JDA develops an aesthetically pleasing and highly functional industrial product of top quality, which attracts strong companies and desirable jobs to the community. For example, we just partnered with Johnson Development to land a build -to -suit corporate headquarters and light assembly building for American LaFrance, which will be home to 550 employees, approximately 200 of which will be high -paying white collar jobs. Johnson Development's expertise and reputation were instrumental in landing the project in Berkeley County. Partnering with Johnson Development has been enjoyable and lucrative for Berkeley County. They operate with integrity, a spirit of cooperation, and a strong knowledge of their industry. The benefits of having JDA's quality speculative product available for prospects are immeasurable, and their professional team makes Johnson Development an excellent partner for any community's economic development efforts. Sincerely yours, Al ennedy Project Manager I County Office Building o 223 North Live Oalc Drive o Moncks Corner, South Carolina 29461-3707 o Telephone (843) 719-4175 o 723-3800 0 567-3136 Patton Harrilp"st & Associates Engineers. Surveyors. Planners. Landscape Architects. December 5, 2006 HAND -DELIVERED Mr. Robert T. Mitchell, Jr. P.O. Box 848 Winchester, VA 22604 RE: Seefried Rezoning Application — Required Signatures Dear Mr. Mitchell: I have enclosed executed power of attorney documents for the siblings of Mr. William J. l ul\1 \ Lockhart, Jr. which allow Mr. Lockhart to sign on behalf of his siblings in matters 1 related to Tax Map Parcel 54-A-91 in Frederick County, Virginia. I am providing you these documents in response to your comment letter dated November 27, 2006 CORPOregarding the Seefried Property rezoning application. In particular, the documents are Chantilly intended to address comment 6 of your letter, wherein you note that tax records Chantilly indicate multiple owners for the subject property. I hope that you find these documents VIRGINIA OFFICES: Satisfactory in response to you comment. Bridgewater Chantilly Also, please note that a signature has not been provided by Mr. Donald Eugene Charlottesville Fredericksburg Lockhart as he is deceased. A signature from his surviving wife, Tamara Lockhart, has Leesburg been provided. Newport News Virginia Beach Please feel free to call me with any questions or comments you may have regarding this Winchester matter. Woodbridge LABORATORIES: Sincerely, Chantilly Patton Harris Rust & Ass 'ates Fredericksburg MARYLAND OFFICES: Baltimore Columbia Patrick R. Sowers Frederick Germantown Hollywood Enclosure PENNSYLVANIA OFFICE: Allentown CC: Candice Perkins WEST VIRGINIA OFFICE: Martinsburg T 540.667.2139 F 540.665.0493 1 17 East Piccadilly Street Suite 200 Winchester, VA 22601 9 0 JOHNSON DEVELOPMENT ASSOCIATES, INC. December 5, 2006 Mr. Eric R. Lawrence Secretary Fredrick County Planning Commission 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence, Thank you for considering the rezoning of the Seefried property. Johnson Development Associates, Inc. is very excited about the opportunity to partner with Winchester and Fredrick County. We look forward to supplying Ft. Collier Industrial Park with high end industrial speculative buildings that will create space to market to manufacturing companies. Johnson Development Associates, Inc. is an industrial real estate developer that specializes in developing hyper -functional manufacturing and distribution facilities. Once our first building is occupied, we will immediately start construction on the next speculative building to ensure that Winchester and Fredrick County will always have available space in the market. Please find the enclosed letters of endorsement from fellow Economic Development Partners. These letters should testify to the success we are experiencing in many markets across the southeast. Thank you again for your time, and we look forward to the many opportunities that Winchester and Fredrick County have to offer. Best. regards, Copeland Rhea, IV Enclosures DEC 6 2006 961 E MAIN ST SPARTANBURG, SC 29302 864.5B5.20110 WWW. JOHNSON DEVELOPMENT. NET 0 9 0 Pee Dee Electric Cooperative, Inc. Corporate Headquarters 1355 East McIver Road PO Box 491 Darlington, SC 29540 Fax 843-669-7931 District Office 1811 North 501 ByPass PO Box 683 Marion, SC 29571 Fax 843-423-7416 Telephone 843.666.4070 866-747-0060 Toll Free www. peedeeelectric. corn December 4, 2006 Mr. Eric R. Lawerence Fredrick County Planning Commission 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawerence, It is my understanding that you are considering the construction in Winchester Fredrick County of a 320,000 -I-/- square foot speculative building by Johnson Development Associates, Inc. Pee Dee Electricom, Inc., a wholly owned subsidiary of Pee Dee Electric Cooperative, Inc., owns a 700-acre industrial park in Florence County, South Carolina. Electricom has given Johnson Development the exclusive right to construct speculative industrial buildings in the park. Johnson Development recently completed a 300,000 square foot (expandable to 1,000,000 square feet) building in our park last year, which has sold in the past month to Johnson Controls and will create approximately 200 jobs. They are now in the process of constructing another building that will be 146,000 square feet expandable to 600,000 square feet. I believe that this building will essentially have the same look as the one in Winchester. All of us here at Pee Dee Electric along with everyone involved in economic development with the County of Florence are thrilled with the Johnson Development building. Its design is functional. Its construction is of the highest quality. And the building is extremely attractive. The building is impressive, but just as impressive is the team that built and markets it. Dealing with Garrett Scott and Foster Chapman of Johnson Development has been a complete pleasure. Both men are always available, and we can depend on anything they tell us. The prospects they have brought to the building thus far have been impressive in both number and quality. Their manner of dealing with prospects has been completely professional. Your Touchstone Energy4,i Partner — E I wholeheartedly recommend Johnson Development to you. Your experience with this company and its principals will, I am certain, be as worthwhile for you as it has been for us. Sincerely, PEE DEE ELECTRIC COOPERATIVE, INC. 0 E. LeRoy Nettles, Jr. 0 0 S P A R T A N B U R G C O LI N T Y ECONOMIC DEVELOPMENT CORPORATION Mr. Eric Lawrence Secretary of Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 P.O. Box 1636 Dear Mr. Lawrence: Spartanburg, SC 29304 Subject: Johnson Development Associates, Spartanburg, SC 105 N. Pine Street As president and CEO of Spartanburg County Economic Development Spartanburg, SC 293SC Corporation, a 501(cx6) public/private partnership for economic 02 development, I have had the distinct pleasure of working closely with the Telephone Johnson Development Associates team since my arrival in Spartanburg, 864.S94.5000 South Carolina in 1991. During the course of my 25+ year career as an Facsimilie economic development practitioner, I have worked with many development 864594.5017 companies. Of those many associations, JDA stands out head and shoulders above the rest — with a staff that consistently exhibits characteristics of www.spartanburgchamberwm professionalism, reliability, and above all else, trustworthiness. Many companies espouse the ability to partner. However, when you partner with a company like JDA, you will achieve successful results. Key to the success in JDA developments are quality, flexible product and aggressive deal structuring to secure high profile companies. Case in point is the recent location of a rebuilding/refurbishing facility that is occupied by EchoStar Communications. The building is 316,000 SF and EchoStar will employ around 1,500 employees. The EchoStar building is located in the Fairforest Business Park which has around 860,000 SF of industrial buildings that house companies such as, Tyco, Hoke, and Magna Intier, an automotive supplier. Without question, JDA has consistently delivered a variety of quality projects, in a timely fashion in Spartanburg, South Carolina. Moreover, once you form a strategic business partnership with JDA, your community will experience all the benefits of having quality speculative product available to meet the needs of your prospects. Economic success in any community is predicated on its ability to leverage the talents and capacity of its partners. JDA's unwavering reputation is firmly rooted in the Piedmont of South Carolina, yet extends far beyond her environs. Sincerely yours; R. Carter Smith, C&D, CEO YNTI'Llid- • WINSTON-SALEM BUSINESS INC. December 4, 2006 Mr. Eric R. Lawrence Fredrick County Planning Commission 107 North Kent Street Winchester, VA 22601 Dear Eric: I am writing to endorse Johnson Development Associates proposed project in Winchester Fredrick County, Virginia. In over 25 years as an economic development professional, I have never worked with a finer development group. Winston-Salem Business, Inc. is a non-profit community economic development organization. Nine years ago we developed a 400 acre business park. This public/private partnership had some early success, but after 9-11 we slowed down like everywhere else. One of our biggest challenges was having quality product on the market. We had plenty of developers who would do a build -to -suit, but very few that would consider speculative development. We were introduced to Garrett Scott of Johnson Development about two years ago. Through a brief negotiating period, we agreed to sell them two sites in our park. They closed quickly and immediately began the construction of a 100,000 sq/ft facility and a 300,000 sq/ft facility that have both already leased. Throughout the process, Garrett and his team did everything they promised and in the most cases exceeded our expectations. They have become another marketing arm for our organization. Our relationship with Johnson Development Associates has been so successful that they are currently purchasing a 53 acre parcel on which they will build a 500,000 sq/ft speculative building. This would be a tremendous addition to our market. I can assure you that if you select Johnson Development as a development partner you will be more than satisfied. They build a great building and will work hand in hand with your organization to recruit quality tenants into the market. I would be delighted to discuss our relationship with you at your convenience. Feel free to give me a call or email me if you have any questions or need any additional information. Best wishes for a successful project. Sincerely, 1_%�_ Robert E. Leak, Jr. President 1080 West Fourth Street, Winston-Salem, NC 27101 336.723.8955 800.220.WSB1 fax:336.761.1069 www.wsbi.biz 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. D E C 5 2006 1 December 2006 Mr. Lloyd Ingram Virginia Department of Transportation Edinburg Residency 14031 Old Valley Pike Edinburg, Virginia 22824 RE: Seefried Rezoning Ft. Collier Industrial Park Frederick County, Va. Dear Lloyd, /� PT4R� Thank you for our meeting today, also attended by Mr. Copp and Mr. Alexander, where we discussed the industrial transportation impacts on area roadways and the resulting proffer statement regarding the Seefried rezoning application. CORPORATE: Chantilly In order of summary, the VDOT comments on this rezoning restated the improvements outlined by the submitted TIA., namely: VIRGINIA OFFICES: Bridgewater 1) Route 11/Welltown Pike Intersection: turn lane improvements Chantilly 2) Route 11/Brooke Road Intersection: turn lane improvement Charlottesville 3) Route 7/Ft. Collier Road: turn lane improvements Fredericksburg 4) Brooke Road/Ft. Collier Intersection: turn lanes and signalization Leesburg 5) Site Driveway A: signalization and turn lane improvements Newport News 6) Site Driveway B: right turn lane. Virginia Beach Winchester The points I made in the meeting were: Woodbridge LABORATORIES: A) This is a Frederick County Economic Development project and the inclusion of Chantilly all improvements mentioned will result in millions of dollars to the prospective Fredericksburg industry and the project would not survive. B) The 2010 background traffic for most of these intersections results in an "E" or M OFFICES "F" condition anyway. Why should one user be asked to construct all of these Baltimore Balltimore improvements? Columbia C) All sources including the projected user and the experience of this office Frederick indicates that the TIA traffic generation for 1,000,000 SF of light industrial are Germantown significantly overstated. This number was derived using ITE which is a Hollywood requirement of the process, however; experience with 9,000,000 SF that PENNSYLVANIA OFFICE: Johnson Development has developed as well as PHRA/Clifford's experience Allentown with Home Depot, Sysco, Family Dollar and other sites would suggest the actual WEST VIRGINIA number to be one third or less than the 5,700 trips projected by the TIA. Of OFFICE: interest, if this site were M-2 Heavy Manufacturing, the ITE would project Martinsburg about 600 trips per day. T 540.667.2139 F 540.665.0493 117 East Piccadilly Street Suite 200 Winchester, VA 22601 0 • In the spirit of a voluntary proffer, the applicant has agreed to offsite transportation improvements at the Ft. Collier/Brook Road intersection including the left and right turn lanes and the traffic signal. We have revised the proffer to reflect 100% funding for the signal and the right turn lane westbound. The applicant also agrees to the right turn lane into Site Driveway `B", although this will clearly be a requirement of the entrance permit anyway. Site Driveway "A" has been eliminated by proffer for access to this site. This concession benefits Frederick County since the access easement across the Regional Jail site and Animal Shelter site would be disruptive. At the time the application was filed, this was the only legal access available. The applicant has cooperatively worked hard on having an access easement acquired to Brooke Road and this instrurnent has since been recorded (copy attached). We appreciate the discussion about the potential for industrial access funding for P RA this site proposal. In order to leave this issue open for further study as we go forward with site plan approvals, the proffer statement has been further revised to establish a bond which allows the $200,000.00 estimated cost of the stoplight and turn lanes at Ft. Collier/Brooke Road to be used in other locations and the discretion of the County and VDOT. Finally, I have discussed the possibility of a cross site driveway (private) for the provision of truck access from the rezoned site to Park Center Drive and then to Route 11 North. This would be valuable in limiting impacts on County roadways including Ft. Collier, Brooke and West Brooke Roads. Since the applicant is also seeking an ownership interest in the already zoned and undeveloped property of World Pasta, this may be possible. Although it is not possible to proffer this at this time, it remains an excellent recommendation that the developer will consider during the site planning phase of the combined projects. We would appreciate your indication of satisfaction on our approach. Please find the revised proffer statement reflecting the changes discussed herein. Sincerely yours, PATTOI\i HARRIS RUST & ASSOCIATES C. E. Maddox, Jr., P.E., Consultant CEwkf Enclosure cc: Mr. Steve Cloud, Seefried Properties Inc. Mr. Copeland Rhea, Johnson Development Mr. Chuck DeHaven Mr. Eric Lawrence Mr. Patrick Barker Frederick County Planning Commission Members Frederick County Board of Supervisors Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 1 December 2006 Members of the Planning Commission Frederick County, Virginia RE: Seefried Industrial Rezoning Madam Chair Wilmot & Gentlemen: D EC 5 2006 Thcrc arc. 4 reasons why the subject rezoning should receive your approval. P � Wednesday night. H(1) The timi g is important to the industrial partners interest- (2) The rezoning will erase 27.24 acres of Residential Zoning (mobile home) CORPORATE: which projects into the- existing developed industrial area and is a `By Right' Chantilly use that is in conflict with the established uses. VIRGINIA OFFICES: (3) The proposed user intends a major investment which will. provide balance in Bridgewater Chantilly the local economy through creation of jobs and tax base. Charlottesville (4) The site is in conformance with the Comprehensive Policy Plan. Fredericksburg Leesburg For your information, Seefried Properties, Inc- will transfer this property,_ when - Newport News Virginia Beach rezoned, to the Johnson Development Assoc., Inc. of Spartanburg, South Carolina. Winchester Johnson. is also intending to purchase the. undeveloped land adjacent to World. Woodbridge Pasta, which is currently zoned M-1. The Johnson Group since 1987 has developed LABORATORIES: over 9,000,000 SF of industrial buildings for use by numerous manufacturing and Chantilly distribution related industries. Fredericksburg MARYLAND OFFICES: Johnson is also the prrinrirpaj dasreloper of the HoUan,d- Industrial Park -;in TcsL- of Baltimore Columbia Wight County, Virginia with plans for over a million square feet of speculative Frederick industrial space by 2008. They are recommended, by the Virginia Economic Germantown Partnership. Hollywood PENNSYLVANIA OFFICE: The site will. support 3. buildings totaling 1,000,-000 SF_ Once the first building is Allentown occupied, they will begin the next. Each building represents a $12,000,000 WEST OFFICEVIRGINIA investment and once occupied will normally provide an -other- $12,000,000 in_ Martinsburg machinery, tools and properties. Many jobs will be created in this complex. T 540.667.2139 F 540.665.0493 Johnson hooked at a number of different- sites before choosing Frederick County. 117 East Piccadilly StreetAll of the wise planning decisions made over time by the EDC, Planning Suite 200 Commission and Board of Supervisors have made this possible. Winchester, VA 22601 0 Please accept the revised proffer statement which addresses certain VDOT concerns. We will be in contact with you before the meeting to see if you have any questions. Sincerely yours, PATTON HARRIS RUST & ASSOCIATES C. E. Maddox, Jr., P.E., Consultan PT4 CEM/kf Enclosure cc: Steve Cloud, Seefried Properties, Inc. Copeland Rhea, Johnson Development Board of Supervisors Eric Lawrence Patrick Barker Patton Harris Rust & Associo Engineers, Surveyors, Planners, Landscape Architects PA 117 East Piccadilly Street, Suite 200 Winchcstcr, Virginia 22601 H T 540.667.2139 F 540.665.0493 Organization/Company: Frederick County Planning December 6, 2006 Project Name/Subject: Seefried Rezoning Application — Revised Proffers Please find attached an executed proffer statement dated December 6, 2006 as well as executed limited power of attorney forms for Seefried Properties Inc. for each of the parcels that comprise the Seefried Rezoning application. Feel free to call me with any questions or comments you have regarding this matter. 0 Patton Harrioust & Associates Engineers. Surveyors Planners Landscape Archltecls. November 16, 2006 Ms. Candice Perkins Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester ,Virginia 22601 '' LJ--u % RE: Tasker Woods Rezoning Application Response to Preliminary Comments Dear Candice: NOV 1 6 2006 This correspondence is in response to your letter dated November 15, 2006, PH wherein you offer comments concerning the Seefried Rezoning Application. Each issue raised through your analysis is provided below followed by a response for each. Also, please find attached a revised proffer statement as well as an agency comment from the Public Works Department. CORPORATE: Chantilly 1. Frederick County Long Range Land Use Plan. The site is within the VIRGINIA OFFICES: )Eastern limits of the Eastern Frederick Couny Long Rarrge Land Use Plant. The plan shows a Bridgewater podion of this pmpery with a residential designation and the r-mainder with no designation. Chantilly The residential designation reflects the existing MH-I Zoning of the site and its pmximiy to Charlottesville the existing Arcadia Mobile Home Park. The request to M-I for this site could be consistent Fredericksburg avith the existing use in the area because the nrajoriy of the site is surmunded by the existing Leesburg Fort Co&erindrrstrial Park and Interstate 8I. Newport News Virginia Beach Agree Winchester Woodbridge 2. Transportation Levels of Service. The Comprehensive Policy Plan call& forLevel of Service Category C or better for proposed industrial and commercial development This LABORATORIES: Chantilly application does notpmvide that level ofservice. Fredericksburg Background traffic alone drops the subject intersections below a level of service MARYLAND OFFICES: (LOS) C. As the proposed rezoning represents less than 7% of the future Baltimore background traffic (4,500 vs. 68,000 trips), it would be unreasonable to expect Columbia the applicant to improve all intersections to accommodate a LOS C or better. Frederick Germantown 3. Traffic Impact Analysis (TIA). The TIA does not meet Count' standards. A few Hollywood exanples of shortcomings include. the inclusion of a lllinchester Gateway hotel at 100sf is PENNSYLVANIA OFFICE: unclear, the numbers provided for Russell-Glendobbin are incorrect, the figure provided for Allentown Rutherford Farm Industrial Park is shown as only industrial and the modeling does not account for the maximum possible use of the pmpery. I would also point out that some of the WEST VIRGINIA OFFICE: modeled irrrpmvenrents have not been proffered by anyone. Martinsburg "100sf' at the Winchester Gateway hotel site is a typographical error which T 540.667.2139 should read "100 rooms." The counts provided are accurate for a 100 room F 540.665.0493 hotel. While the traffic data for Rutherford Farm does not indicate a worst case 117 East Piccadilly street scenario for traffic generation, it is offset by the fact that the Russell Suite 200 Glendobbin counts assume a higher traffic generation. As a whole, the TIA Winchester, VA accurately identifies background and future traffic generation. 22601 9 4. Impact Assessment Statement — Proposed Uses. The appfcation states the reZorring is for Flex -warehouse uses and the TIA is based on 1,000,000 square feet of industrial uses. The proffer statement does not call for a specific use and unless a specific use is pfered, the County will assrrvre the viaxivurm possible development (office) as per the County's reZoning application, combined rvitb the maximum possible floor space. At the vraximunr possible use, them is the potential for 1,889,000 f of ofce uses. A pm er to limit the squaro footage of the development to nor morn than 9,000,000 f would be appropriate as hell as limiting office use on the site to accessory office only. The proffer statement has been amended to limit development to no more than 1,000,000 square feet of floor space and, additionally has limited office use as an accessory use only. 5. Site Access. Access to this site is proposed via scenario A or B; a definitive access point has � not been provided. The ivipact statmient indicates that the applicant is still pursuing access ��B. It is our understandinthat this rezoning would not Ge brought fonvarzl until access point B ryas obtained. g The applicant is in the process of finalizing a legal agreement to obtain access to Brooke Road. The agreement will be made available prior to any public hearing. 6. Traffic Impact Analysis. As stated pmvioisyin the TIA and Gy the Virginia Department of Transportation, various transportation ivrpmvevrents are required to vraintain acceptable levels of service at six different locations. The revised pmffers subvlrtted only address the rvestborrnd right -tarn lane at the Route 9 9lBrooke Road Intersection (Gullet. point 2) arrd the northbound right turn -lane required for site driveway B (point 6). These pmfers frnther state that these improvevents will only be available for two years and if not atilt,-ed, the applicant will not be responsible for the improvements. Nrrnrerous other transportation ivrpacts are noted in your TIA which has not been addressed (see VDOT Comments and TIA Conclusions). All impacts that this project creates should be mitigated Gy this project. The proffered transportation improvements are intended to mitigate the impact to the intersection most directly impacted by this development, the intersection of Brooke Road and Fort Collier Road. It's important to note that while the TIA projects that the proposed rezoning will generate 5,700 ADT, there is an existing by -right potential of more than 1,000 ADT. 7. Two Year Stipulation for Proffers. The trvo year tivre period indicated in the transportation proffer is not appropriate. As pro�ered, if this development is not constructed wahtn two years of the approval of the rezoning, the applicant has no transporiatiorr responsibilities. All transportation proffer ivaprovevrents should be provided to mitigate the traffic ivrpacts prior to the issuance of airy building permit. The intent of the original proffer was to provide the county and/or VDOT a two year window of time from the start of construction on site to utilize the funding for transportation improvements at the intersection of Brooke Road and Fort Collier. The proffer has been revised to solidify this intent and is now triggered by a certificate of occupancy to maximize the two year time frame for the County and VDOT. 0 8. Proffer Statement (#2.1 and 2.2). Prof rs 2.1 and 2.2 are already required by ordinance and need to be renrovecl from the pr��ers. It is not appropriate to proffer ordinance reguirentents. I have removed Proffers 2.1 and 2.2 from the revised proffer statement though I feel it is important for those less familiar with the zoning ordinance know that site lighting will not be a hindrance to adjacent property owners and that the utilities serving the site will be located underground. 9. Agency Comments. Please provide appropriate agency conrnrerats form the following agencies. Virginia DepatYnlent of Transportation, Frederick County Department of Pub& Works and the local Fite and Fescue Company. The proposed proffers have been forwarded by staff to the Ftvdetick County Attorney. Once attorney comments ate tweived by the Planning Department., a copy will be fonvatded toyour office. Altorny comments ary r-equired for acceptance of the tv.Zonhi ,g application. PR1 lL I have attached a comment form the Public Works Department dated November 9, 2006. 10. Special .Limited Power of Attorney. Provide a power of attorney for Seeftied Properties, Inc. I have provided a power of attorney for the current property owner, but will also provide a signed and notarized power of attorney from my client as well. Please feel free to contact me with any questions you may have. Sincerely, PAT�TO�N HARRIS RUST & ASSOCIATES Patrick Sowers PRS/kf Enclosure cc: Steve Cloud, Seefried Properties, Inc. Charles Maddox, Jr., P.E. 0 • COUNTY of FREDERICK Department of Public Works ® 540/665-5643 November 9, 2006 FAX: 540/678-0682 17]A Mr. Patrick Sowers Patton, Harris, Rust, & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Rezoning Application for Seefried Property Frederick County, Virginia Dear Patrick: We have completed our review of the rezoning application for the Seefried Property and offer the following comments: Impact Analysis Statement: Provide individual detailed discussions related to the site drainage, environmental features (wetlands, karst geology, etc.), and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. 2. Impact Analysis - Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress/egress to accommodate truck traffic. When this point of ingress/egress has been achieved, we recommend that the existing 50-foot access easement across the jail property be vacated. Refer to page 2 of 5 Proffer Statement: We concur with the applicant's offer to construct a stormwater management pond using an impervious liner to avoid groundwater impacts. We would further recommend that a synthetic liner be used because of the potential for sinkhole development which occurred in the adjacent pasta plant stormwater basin. The geotechnical analysis should include geophysical method's to accurately evaluate and locate potential subsurface voids. The analysis should be extended to the area or areas proposed for stormwater management ponds. 1 can be reached at 722-8214 if you should have any questions concerning the above comments. Our approval of the proposed rezoning will be granted upon receipt of the revised impact analysis with the inclusion of the topics referenced in comment number one. Sincerely, l n -4 a� Harvey �1,rawsnyder, Jr., P.E. Director of Public Works cc Planning and Development file C:\Program Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\seefried property.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 04 November 9, 2006 Mr. Patrick Sowers Patton, Harris, Rust, & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Rezoning Application for Seefried Property Frederick County, Virginia Dear Patrick: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the rezoning application for the Seefried Property and offer the following comments: Impact Analysis Statement: Provide individual detailed discussions related to the site drainage, environmental features (wetlands, karst geology, etc.), and solid waste disposal. The latter topic is included in the table of contents, but was not addressed in the detailed discussion. Impact Analysis - Access and Transportation: We applaud the applicant's pursuit of access through the existing pasta plant property to Brooke Road. We concur that this access represents the preferred method of ingress/egress to accommodate truck traffic. When this point of ingress/egress has been achieved, we recommend that the existing 50-foot access easement across the jail property be vacated. Refer to page 2 of 5 Proffer Statement: We concur with the applicant's offer to construct a stormwater management pond using an impervious liner to avoid groundwater impacts. We would further recommend that a synthetic liner be used because of the potential for sinkhole development which occurred in the adjacent pasta plant stormwater basin. The geotechnical analysis should include geophysical methods to accurately evaluate and locate potential subsurface voids. The analysis should be extended to the area or areas proposed for stormwater management ponds. I can be reached at 722-8214 if you should have any questions concerning the above comments. Our approval of the proposed rezoning will be granted upon receipt of the revised impact analysis with the inclusion of the topics referenced in comment number one. Sincerely, \ r Harvey �l r rawsnyder, Jr., P.E. Director o Public Works cc Planning and Development file C:\Program Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\seefried property.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Eric Lawrence From: Patrick R. Sowers [Patrick.Sowers@phra.com] Sent: Tuesday, November 14, 2006 4:16 PM To: 'Candice Perkins' Cc: 'AICP Patrick Barker'; 'Eric Lawrence' Subject: RE: Seefried Rezoning Candice, As a follow up to our conversation earlier regarding the Seefried Rezoning, I have now delivered fully executed copies of both the limited power of attorney forms and proffer statement to your office. As such, the only remaining items left to make this a complete application are comments from Planning Staff and the County Attorney. As time is of the essence for my client and being that the application appears to be in the best interests of the County, please advise if I can assist in any way to help expedite the process. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Candice Perkins [mailto:cperkins@co.frederick.va.us] Sent: Tuesday, November 14, 2006 11:28 AM To: Patrick R. Sowers Cc: AICP Patrick Barker; 'Eric Lawrence' Subject: Seefried Rezoning Patrick, Regarding the Seefried Rezoning, on Thursday November 9th you submitted the following: * Rezoning Application, Impact Statement, TIA, color maps On Monday November 13th you submitted: * Rezoning fee, proffer statement Regarding the proffer statement, Mr. Lockhart/Arcadia's signature was not notarized. This application is also missing signed and notarized special limited power of attorney forms, the attorney comment and a planning comment. This application is incomplete and is not being scheduled for the Planning Commission. Candice Perkins Planner II Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22602 (540) 665-5651 1 Patton Harris Rust & Associ�s 46 13ngineers, Surveyors, Planners, Landscape Architects p 117 Csast Piccadilly Street, Suite 200 H 1�� Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Candice Perkins Organization/Company: From: Date: Frederick County Planning Patrick Sowers November 14, 2006 Project Name/Subject: Seefried Rezoning Candice, Please find attached the following documents for the Seefried Rezoning application: 1) Signed and notarized limited power of attorney forms 2) Signed and notarized proffer statement. Please feel free to call with any questions. Thanks, Patrick Patton Harris Rust & Assoc f Engineers, Surveyors, Planners, bandsP.P!Architects 117 East Piccadilly Street, Suite 200 RAWinchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 To: Candice Perkins Organ izationlCompany: Frederick County Planning From: Patrick Sowers Date: Project Name/Subject: Candice, November 13.2006 Seefried Rezoning Please find attached the following documents for the Seefried Rezoning application: 1) Signed proffer statement 2) Application Fee in the amount of $10,650.00 Please feel free to call with any questions. Thanks, Patrick NOV 1 3 2006 Patton Harris Rust & Associ • Engineers, Surveyors, Planners, Landsfp, Architects 117 East Piccadilly Street, Suite 200 R+A Winchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 To: Candice Perkins Organization/Company: Frederick County Planning From: Patrick Sowers Date: November 9, 2006 Project Name/Subject: Seefried Rezoning Candice, Please find attached the rezoning application for the Seefried Property as well as 69 copies of each of the color exhibits. The application is complete with the following exceptions: 1) Notarized Signature for Proffer Statement ' 2) Notarized Signature for Power of Attorney forms 3) Rezoning Application Fee of $10,650.00 4) Comment from Planning Dept and County Attorney I will be able to provide items 1-3 on Monday, November 13, 2006. Thanks, Patrick N 0 V 1 3 2006 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 IMVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 29, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION # 19-06 FOR SEEFRIED PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 13, 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 #19-06 for Seefried Property, submitted by Patton Harris Rust & Associates, to rezone 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.77 acres from RA (Rural Areas) District to MI, totaling 76.01 acres, with proffers, for industrial use. The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile Home Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A-89 and 54-A-91. 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, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 r This is to certify /that the attached correspondence was mailed to the following on / / G� o (o from the Department of Planning and Development, Frederick County, Virginia: �- 54 - A- - 89- 54 - A- - 92-B NORTHWESTERN REG JAIL AUTHORITY LOCKHART, WILLIAM J & ETALS 1345 BAKER LN p 141 FORT COLLIER RD WINCHESTER, VA 22603.5705 1v (� WINCHESTER, VA 22603 54 - A- - 91- 54J - 2- 3- 68- ARCADIA MOBILE PARK, INC. KIRBY, JOHN L 1345 BAKER LN 229 MUSE DRWINCHESTER, WINCHESTER, VA. 22603.5705 VA 22603.5753 54J - 2- 3- 69- Patton Harris Rust &Associates RUTH CRUM STOTLER INVESTMENT, LLC Attn: Patrick Sowers PO BOX 2577 117 E. Piccadilly St., Ste. 200 A - WINCHESTER, VA 22604.1777 �gQ Winchester, VA 22601 Y 54J - 2- 3. 70- 54 - A- - 36-J STUMP, DONALD L SR WINCHESTER PASTA, LLC 110 REBELS CIR PO BOX 2080 WINCHESTER, VA 22602.6929 WINCHESTER, VA 22604.1280 54 - A- - 87-A GOODMAN, T P & SUSAN M PO BOX 1325 WINCHESTER, VA 22604.7825 54 - A- - 36-N FORT COLLIER GROUP, LLC 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044-2100 STATE OF VIRGINIA COUNTY OF FREDERICK MA Candice E. Perkins, Planner Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, dcohereby certify that Ondice E. Perkins, Planner II for the Depart vent of Planning and Development, whose name is signed to the foregoing, dated // Q04 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this (�� day of My commission expires on Q3 NOTARY WJBLIC 0 Vrrc- 54J - 2- 3- 80-A DARLINGTON, J P 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4328 54 - A- - 89-B LOCKHART, ROBERT STEPHEN 1441 BAKER LN WINCHESTER, VA. 22603.5708 54 - A- - 89-C SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION PO BOX 897 NEW MARKET, VA 22844 54 -7- - 7-A SCHROCK, LARRY R & DOROTHY A 220 IMBODEN DR WINCHESTER, VA 22603.5793 54 -7- - 12- AMB, LLC CIO FALCON HEATING 21625 ASHGROVE CT STERLING, VA 20166 54 -7- - 13- TRAVOSTINO, DANIEL J TRUSTEE ATTN JOHN SANTMYER PO BOX 1739 WINCHESTER, VA 22604.8239 54 -7- - 14- COMBS, DONALD B & KAY JO 315 WALKER ST WINCHESTER, VA 22601.3328 54 -7- - 15. BAKER, THOMAS C & SHEILA F PO BOX 3243 WINCHESTER, VA 22604.2443 �19 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 22, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #19-06 FOR SEEFRIED PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 6, 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 application: Rezoning #19-06 for Seefried Property, submitted by Patton Harris Rust & Associates, to rezone 27.24 acres from MH1 (Mobile Home Community) District to M1 (Light Industrial) District and 48.77 acres from RA (Rural Areas) District to Ml, totaling 76.01 acres, with proffers, for industrial use. The properties are located west of Interstate 81 adjacent to Fort Collier Industrial Park and Arcadia Mobile IIome Park, approximately 1,000 feet east of the intersection of Fort Collier Road (Route 1322) and Brooke Road (Route 1328), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A-89 and 54-A-91. 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, f/ r Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 f` E 0 This is to certify that the attached correspondence was mailed to the following on 1 J ..?4O6 from the Department of Planning and Development, Frederick County, Virginia: 54 - A- • 92-B 54 - A- - 89- NORTHWESTERN REG JAIL AUTHORITY LOCKHART, WILLIAM J & ETALS 1345 BAKER LN 141 FORT COLLIER RD WINCHESTER, VA 22603.5705 (� WINCHESTER, VA 22603 54 - A- - 91- 54J - 2- 3- 68- ARCADIA MOBILE PARK, INC. KIRBY, JOHN L 229 MUSE DR 1345 BAKER LN WINCHESTER, VA 22603.5753 WINCHESTER, VA. 22603.5705 Patton Harris Rust & Associates Attn: Patrick Sowers 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 54 - A- - 36-J WINCHESTER PASTA, LLC PO BOX 2080 WINCHESTER, VA 22604.1280 54 - A- - 87-A GOODMAN, T P & SUSAN M PO BOX 1325 WINCHESTER, VA 22604.7825 54 - A- - 36-N FORT COLLIER GROUP, LLC 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2100 STATE OF VIRGINIA COUNTY OF FREDERICK 54J - 2- 3- 69- RUTH CRUM STOTLER INVESTMENT, LLC PO BOX 2577 WINCHESTER, VA 22604-1777 54J - 2- 3- 70- STUMP, DONALD L SR 118 REBELS CIR WINCHESTER, VA 22602.6929 C—andice E. Perkins, Planner II — Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do eby certify that C dice E. Perkins, Planner II for the De artment of Planning and Development, whose name is signed to the foregoing, dated / .t k(, , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this d2'-�-)L/'L day of My cormnission expires on IaA 3/ , NOTARY BLIC ,C, VEk 54J - 2- 3- 80-A DARLINGTON, J P 1543 MILLWOOD PIKE WINCHESTER, VA 22602.4328 54 - A- - 89-B LOCKHART, ROBERT STEPHEN 1441 BAKER LN WINCHESTER, VA. 22603.5708 54 - A- - 89-C SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION PO BOX 897 NEW MARKET, VA 22844 54 -7- - 7-A SCHROCK, LARRY R & DOROTHY A 220 IMBODEN DR WINCHESTER, VA 22603.5793 54 -7- - 12- AMB, LLC CIO FALCON HEATING 21625 ASHGROVE CT STERLING, VA 20166 54 -7- - 13- TRAVOSTINO, DANIEL J TRUSTEE ATTN JOHN SANTMYER PO BOX 1739 WINCHESTER, VA 22604.8239 54 -7- - 14- COMBS, DONALD B & KAY JO 315 WALKER ST WINCHESTER, VA 22601.3328 54 -7- - 15- BAKER, THOMAS C & SHEILA F PO BOX 3243 WINCHESTER, VA 22604.2443 Seefried Adjoiners - A I g9 & 54 A 91L,% 54 A 36J 54 A 87A 54 A 36N L/ 54 A 92B 54J 23 68 54J 23 69 ,- 54J 23 70 54J 23 80A 54 A 89A -' 54 A 89B 54 A 89C 54 7 7A , 54 7 10 ® Nod rt 54 7 12 -' 54 7 13�' 54 7 14 54 7 16 ✓;Vo Lot Z kc,-Ve �'IS 0 Rp�E55ZNG P DADA t. -�p:8AR8ARAp\annin9 sets Deo� pRpM:BEV � t� _�Np,NKS ran X Ig� 2 sre PAO Adjoining Property Owners Rezoning 0 TO:BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print, - sets of labels�by %i /THAN! 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 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Winchester Pasta, LLC P.O. Box 2080 Property #: 54-A-36J Winchester, VA 22604 Name: Fort Collier Group, LLC 6231 Leesburg Pike, Ste 600 Property M 54-A-36N Falls Church, VA 22044 Name: Northwestern Regional Jail Authority 141 Fort Collier Road Property#: 54-A-92B Winchester, VA 22603 Name: Goodman, T. P. & Susan M. 707 N Commerce Ave Property#: 54-A-87A Front Royal, VA 22630 Name: Lockhart, Robert S. 1441 Baker Lane Property#: 54-A-89B Winchester, VA 22603 Name: Shenandoah Valley Battlefields Foundation P.O. Box 897 Property#: 54-A-89C New Market, VA 22844 Name: Property#: Name: Property#: Name: Property#: Name: Property#: Name: Property#: Name: Property #: Name: Property #: Name: Property#: N DEPT. OF GEOGRAPHIC RA ATION1 SYSTEMS `)) FREDERICK COUNTY, VIRGRiJA W A GIS, MAPPING, GRAPHICS W0RKREQUE5T S DATE RECEIVED: COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi C fl� of— DIGITAL: PAPER FAX SIZES: COLOR: BLACKJWH.ITE: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: VA non on oacK of requests --- _ NUNMER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)