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HomeMy WebLinkAbout003-07 Easy Living Comm. Ctr. - 4.02 RA-B2, 15 RA-B3 - Stonewall - BackfileTE 3ZAQ PU,�1.1 Mr. FOR J FOR AMT.OF ACCOUNT CASH AMT. PAID �� CHECK BALANCE DUE ' MONEY ORDER BY )lUQ� No.7033 611 REZONING TRACKING SHF1ET Applications �orm r [mpac't Ana"ys�s j A�1Jo�rer`ttsty 4. '} _' o-�-o,� Application received/file opened Reference manual updated/number assigned D-base updated Copy of adj oiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing �a1,D� bl-a6k-and-w-hite_location map ordered from Mapping 3 a�. 0 PW File given to office manager to update Application Action Summary PC public hearing date ACTION: 2"TJ BOS public hearing date ACTION: Signed -copy -of resolution--for-amendment-of 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.) / ©`7 Action letter mailed to applicant Reference manual and D-base updated / 07 �� File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map 6-/-2-3 O Zoning map amended 6V--a / �/ S-6 U ACnrol\Common\trncking.rcz Rcvised' 05/09/02 C®LTN f -E f IK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 52007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 403-07, EASY LIVING ASSOCIATES Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 9, 2007. The above -referenced application was approved to rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA to B3 (Industrial Transition Business) District, totaling 19.02 acres, with proffers (a maximum of 120,000 square feet has been proffered). The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified with Property Identification Numbers 44-1-B, 4413-1-2, 4413-1-3, 44B-1-3A, 4413-1-4 and 44B-1-6. The proffer, revised May 9, 2007, which 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, Michael T. Ruddy Deputy Planning Director MRT/bad Attachment cc: Charles S. DeHaven, Jr., Stonewall District Supervisor John H. Light and Gary Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Easy Living Associates, 112 S. Cameron St., Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • REZONING APPLICATION 403-07 EASY LIVING ASSOCIATES Staff Report for the Board of Supervisors Prepared: April 30, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director 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 Planning Commission: 04/18/07 Board of Supervisors: 05/09/07 Action Recommended Approval Pending PROPOSAL: To rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres, with proffers (a maximum of 120,000 square feet has been proffered). LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 4413-1-4 and 4413-1-6 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Residential RA (Rural Areas) Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential/Vacant West: MH1 (Mobile Home District) Use: Mobile Home Park PROPOSED USES: Commercial uses (a maximum of 120,000 square feet has been proffered) Rezoning #03-07 — Easy Living Associates REVIEW EVALUATIONS: Virzinia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the brobertv referenced. VDOT is satisfied that the transportation proffers offered in the Easy Living Associates Rezoning Application dated September 15, 2006 addresses transportation concerns associated with this request. 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. Plan approval recommended. Department of Inspections: Department of Public Works: 1. Refer to Page 4, Wetlands: A wetlands delineation study shall be performed prior to the master development plan submitted to verify that no upland wetlands exist within the proposed project boundaries. 2. Refer to Page 4, Soil Types: Expand this discussion to include descriptions of the existing karst geology and the potential for sinkhole development. A detailed geotechnical analysis is recommended as part of the detailed site plan design. Frederick -Winchester Service Authority: Sanitation Authority Department: We have the sewer and water capacity to service this site. Department of Parks & Recreation: Winchester Regional Airport: We have determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Historic Resources Advisory Board: 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 Rezoning #03-07 — Easy Living Associates Page 3 April 30, 2007 Frederick County Public Schools: No comments. County Attorney: 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. In Proffer C.2., staff should determine whether the proffer contained in the second sentence is sufficiently definite. 2. It is not clear to me the relationship between Proffers C.3. and C.6. The staff should review this. 3. In Proffer E., the proffer should provide that the monetary contribution shall be to Frederick County "for", rather than "directed to" the Clearbrook Volunteer Fire and Rescue Company and County fire and rescue services. In addition, at the end of the second sentence the words "all commercial structures" should be changed to "each commercial structure." 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 understand that that review will be done by the staff and the Planning Commission. Plannin1l Department: Please see attached letter dated January 25, 2007 from Michael T. Ruddy, Deputy Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2. Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] r.17nd rrrA The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. The Plan also recognizes the existing industrial zoning surrounding this site and the Developmentally Sensitive Areas (DSA's) which front the Rezoning #03-07 — Easy Living Associates Page 4 April 30, 2007 site. The application of quality design standards for future development is also an objective of the Plan. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that one public street entrance and one commercial entrance shall be permitted on Martinsburg Pike from the property. The project proposes additional access enhancements that safely accommodate the existing traffic to the Easy Living Mobile Home Park through the project. Pedestrian accommodations have been provided internally to the project and along the projects frontage with Route 11. 3. Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design. 4. Potential Impacts A. Transportation Traffic Impact Anal The traffic impact analysis (TIA) prepared for this application assumed 120,000 square feet of a variety of commercial uses and a 16 pump gas station with mart. Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the proposed rezoning is projected to generate 9,803 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson Village project has proffered the construction. The applicant has proffered the signalization of the main project entrance and Martinsburg Pike. The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the site along Route 11 North to the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this intersection, the ultimate solution to which has yet to be determined. This application 0 • Rezoning #03-07 — Easy Living Associates Page 5 April 30, 2007 participates in providing a solution to achieve acceptable levels of service at this intersection by providing a monetary contribution in the amount of $50,000 that may be used to allow for the development of improvements in the general area of this intersection. This project should be evaluated in relationship with other projects in this area that are currently under various stages of review. Interparcel connectivity should be a consideration with this application. Particular attention was provided to the properties to the west and south of this project. Consideration was also given to potential interparcel connection to the property to the north. However, this interparcel access was not pursued by the Applicant. The properties to the south are likely to encounter entrance spacing issues due to the proposed entrances and anticipated signalization improvements. Interparcel connections through the B-2 commercial property will help facilitate movement within the commercial properties and avoid additional conflicts on Route 11. Interparcel connectivity between the commercial areas, Route 11, and access to the existing mobile home park has been thoroughly provided by the applicant. B. Sewer and Water The FCSA has an eight inch sewer force main adjacent to the Winchester and Western Railroad approximately 1000 feet west of the property to which the Applicants will connect. This commercial development is expected to generate 500 gallons/day/acre for a total of 9,519 gpd. The FCSA has a ten inch water main along Route 11 and a 20 inch water main adjacent to the Winchester and Western Railroad. This development is expected to generate 1000 gallons/day/acre for a total of 19,020 gpd. The FCSA has stated that they have the water and sewer capacity to service this site. C. Design Standards The project's location on a major corridor and adjacent to an area identified as a developmentally sensitive area warrants particular attention. This attention is provided in the application by a combination of proffered commitments including a proffer to provide a detailed corridor enhancement strip 20 feet in width along the frontage of the property. Included within this strip is a ten foot multi -use trail and landscape plantings. The applicant has also proffered a limitation on the signage on the property by limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of the property. The applicant has further proffered general building material specifications and finally special consideration has been provided to the buffer and screening of the adjacent properties, in particular, any potential preservation of identified wooded areas. D. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $12,000. 0 • Rezoning #03-07 — Easy Living Associates Page 6 April 30, 2007 5. Proffer Statement - Dated September 15, 2006 (Revised March 21, 2007) 1. Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the B2 and B3 zoning districts, the general location of the primary public street system and commercial entrance on Route 11, the general location of the realigned private drive serving the Easy Living Mobile Home Park, and the zoning district buffers. 2. Land Use Restrictions The applicant has proffered the following land use restrictions: a. The prohibition of a variety of uses within both the B2 and B3 zoning districts that will be on the property. b. A limitation on the maximum amount of structural square footage that may be constructed on the property. A maximum of 120,000 square feet of total structure area, 30,000 square feet within the B2 portion of the property and 90,000 within the B3 portion of the property, has been proffered. 2. Transportation The applicant has proffered a limitation on the entrances onto Route 11, the re -alignment of the Easy Living Mobile Home Park access road to the new public street, sidewalk accommodations, and interparcel connectivity. In addition, the applicant proffer includes construction of an additional lane of Route 11 along the frontage of the property with the triggered timing of its construction, the signalization of the main entrance to the project, and a monetary contribution in the amount of $50,000 that may be used to allow for the development of improvements in the general area of the intersection of Route 11 and Hopewell and Brucetown Roads. The applicant has also proffered the dedication of an additional ten feet of right -away along the property's frontage of Route 11. 3. Site Design Standards The Applicant has proffered to provide a detailed corridor enhancement strip 20 feet in width along the frontage of the property. Included within this strip is a ten foot multi -use trail and landscape plantings. The applicant has proffered a limitation on the signage on the property by limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and two monument style signs (ten feet high and 50 square feet in size) for the B2 portion of the property. The applicant has also proffered general building material specifications and finally special consideration has been provided to the buffer and screening of the adjacent properties, in particular, any potential preservation of identified wooded areas. 4. Monetary Contribution to Offset Impact of Development This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $12,000 ($6,000 for the Clearbrook Volunteer Fire and Rescue Department and $6,000 for County Fire and Rescue Services). Rezoning #03-07 — Easy Living Associates Page 7 April 30, 2007 STAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and recognizes the transportation improvements identified for this corridor. Further, the impacts associated with this rezoning request appear to have been mitigated by the Applicant. The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design considerations, 2) inter parcel connections, and 3) monetary contributions to address offsite transportation improvements. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/18/07 MEETING: A member of the Commission raised the issue of the lack of a comprehensive transportation plan for the entire Route 11 corridor; concern was expressed that the typical traffic solution to accommodate recent development seemed solely to be the addition of another traffic signal. One potential solution raised to alleviate pressure on Route 11 was inter -parcel connectivity; also envisioned was a future need for a four or five -lane Route 11 North and possible exit/entrance ramps onto I-81. It was stated that the County needed to implement a comprehensive transportation plan for the Route 11 North corridor before any further development is accepted in this area; this would allow the development community to proffer potentials to offset the mitigation of traffic impacts to Route 11. Other Commissioners did not want to penalize applicants coming before the Commission because the County did not have an updated plan. They pointed out that the County's current Eastern Road Plan and the Northeast Land Use Plan states that commercial and industrial development can occur if impacted roads function at a LOS "C" or better. Other Commissioners commented that the Northeast Land Use Plan is lacking and needs to be improved immediately. Another issue raised by a member of the Commission involved scoping for TIAs. A question was raised about the consistency of the background studies between projects in the same immediate vicinity. There were no public comments. A motion was made and seconded to table for 45 days in order to have discussions between the parties involved to determine if an inter -parcel transportation plan for the western side of Route 11 would help with transportation. This motion failed by a majority vote. Another motion was made, seconded, and passed by a majority vote to recommend approval of the rezoning with the stipulation that the applicant continue to work with the staff to attempt to improve their transportation proffers. The majority vote was as follows: YES (REC. APPROVAL): Kriz, Ours, Oates, Mohn, Kerr, Triplett, Morris, Manuel, Unger, Wilmot NO: Light (Note: Commissioners Thomas and Watt were absent from the meeting.) Rezoning #03-07 — Easy Living Associates Page 8 April 30, 2007 STAFF UPATE FOR 05/09/07 BOARD MEETING: The Applicant has provided staff with a revised Proffer Statement dated April 30, 2007, including a revised Generalized Development Plan. The modifications seek to address some of the inter parcel access concerns and connectivity issues identified during the Planning Commission meeting. Specifically, the Applicant's modifications (Proffers C.8 and C.9) provide for the reservation of a 50 foot right-of-way, identified on the GDP and generally adjacent to the back of the properties which front along Route 11, for the purpose of the construction of a future north -south public street by others. The reserved right-of-way would be dedicated to the County within 90 days of the written request by the County. This application does not provide for the construction of this public street as part of their development. Rather, the opportunity has been secured for other properties that may develop in the future to implement what would be a reverse frontage road which could serve to minimize additional entrances on to Route 11. The nature of this proffer revision should be evaluated in comparison to the opportunity to make an inter parcel connection as part of the Easy Living projects road construction. 0' .wing om mercia enter Frederick County, VA Location in the County Map Features Q Application 0 Lakes/Ponds -- Streams Straats Primary ^. Secondary Terciary .f Urban Development Area ti SWSA Re - Zoning REZ# 03 - 07 Application Easy Living Commercial Center Parcel ID: ' 44-1-13,4413-1-2, 44B-1-3,44B-1-3B, 44B - 1 - 4,44B - 1 - 6 a° baN on 0 Or ro E�m / • Location in Surrounding Area Q�L� l'O Case Planner: Mike B3 zoning �S Aap� M 1 zoning O'aaelo shP�a�, ` 'S°Qv rak ��d evb� /B2 zoni wa ii M2 zoning RP zoning Frederick County, VA Location in the Gounty Map Features Re - Zoning REZ# 03 - 07 Application Easy Living Commercial Center Parcel ID: 44-1-B,44B-1-2, 1 44B-1-3,4413-1-3B, 44B-1-4,44B-1-6 Q Application Zoning D Lakes/Ponds st B1 (Business, Neighborhood District) Streams B2 (Business, General District) strwts • B3 (Business, Industrial Transition District) ^�- Primary • EM (Extractive Manufacturing District) ^r Secondary • HE (Higher Education District) '�- Terciary • M1 (Industrial, Light District) Urban Development Area M2 (Industrial, General District) ti SWSA • MHi (Mobile Home Community District) • MS (Medical Support District) s R4 (Residential, Planned Community District) • R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area Case Planner: Mike F REZ#03-07 P ommercia r Frederick County, VA Re - Zoning REZ# 03 - 07 Application Easy Living Commercial Center Parcel ID: I 44 - 1 - B, 44B - I - 2, 44B-1-3,44B-I-313, Location in the County 44B - 1 - 4, 44B - 1 - 6 Map Features Q Application Long Range Land Use D Lakes/Ponds Rural Community Center --- Streams Residential Streets Business �. Primary r: Industrial ^. Secondary M Institutional �- Terciary Recreation 1.1 Urban Development Area 00, Historic d%P SWSA ® Mixed -Use ® Planned Unit Development Location in Surrounding Area Case Planner: Mike co • E ' - asy ivmg ommercia erAerial Frederick County, VA \a • r. Re - Zoning } REZ# 03 - 07 Application �r. r • '� '�r. Easy Living Commercial Center o; s6" • ' '?' Parcel ID: 44 - 1 - B, 44B - 1 - 2, �F`` ♦! `` 44B-1-3,44B-1-3B, ra „' �� �► ` Location in the County 44B - 1 - 4, 44B - 1 - 6 ate' Map Features Q Application D Lakes/Ponds Streams streets Primary Secondary _ • Tertiary o.• Urban Development Area ti SVVSA ` ova a y \ � o fr y. r ro `mac 0a q Location in Surrounding Area © Case Planner: Mike _ 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: c.K' Fee Amount Paid .� ✓ Zoning Amendment Number Date Receive 9 =-)2 o PC Hearing Date BOS Hearing Date G' I- The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division,107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Easy Living Associates Telephone: (540) 662-3486 Address: 112 South Cameron Street Winchester, VA 22601 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement 1� X X • E 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Ease Associates, Jacob H. Yost III, Manager 6. A) Current Use of the Property: Residential and Unimproved B) Proposed Use of the Property: Commercial 7. Adjoining Property: Please refer to attached Adjoining Property Owner List PARCEL ID NUMBER USE ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Information to be Submitted for Capital Facilities ImDact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 44-((1))-B, 4413- ((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4 and 44B-((1))-6 Magisterial: Fire Service: Rescue Service 10 11. Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 4.02 RA District B-2 District 15.0 RA District B-3 District 19.02 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Multi -Family Hotel Rooms: * The Proffer Statement limits the square footage of development to 30,000 square feet of commercial within the B-2 District and 90,000 square feet within the B-3 District portions of the Property. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): �U6")l,L Date: �Z i 30,7 �� Owner (s .,orI/tcxc-,- Date: � ' Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.v Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Easy Living Associates, Jacob H. Yost, III,Manager (Phone) (540) 662-9470 (Address) 2489-3 Martinsburg Pike, Stephenson, VA 22656 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 Instrument No. 060016824 on Page Deed Book No. 626 on Page 810 Deed Book No. 664 on Page 818, Instrument No. 020008972 on Page Deed Book No. 903 on Page 244, Deed Book No. 659 on Page 693, and is described as Parcel: 44 Lot: B Block: 1 Section: Subdivision: _ Parcel: 44B Lot: 2 Block 1 Section: Subdivision: _ Parcel: 44B Lot: 3 Block: I Section: Subdivision: _ Parcel: 44B Lot: 3A Block: 1 Section: Subdivision: Parcel: 44B Lot: 4 Block: I Section: Subdivision: _ Parcel: 44B Lot: 6 Block: 1 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 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 application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment 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) hav�e�Set y )-h d id sol this ZZrtc( day jo�f Vtekr--C , 200'1 , Signature(s)..---' —^ _ %` State-6f-Virginia, City/ 0 nt of Frerier(cL , To -wit: I,' I)nnVctiL. Me_(i5o, a Notary Public in and -fort elurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who'I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 22nc( day of MOV6) , 200 7 . C'y O , 9- My Commission Expires: Fels + � 2_0 2008 Notary Public omme'!�ial Center Easy Living Associates C 0 Adjoining Property Owners 0 u NUMBER TAX MAP OWNER ADDRESS CITY & STATE ZIP 1 44 1 C EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 3 44 1 D PAYNE, O. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656 4 44 1 A SIMKHOVITCH, RONALD S. & 2929 VALLEY AVE WINCHESTER, VA. 22601 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656 6 44B 1 12B SIMKHOVITCH, RONNIE S JR 2601 MARTINSBURG PIKE STEPHENSON, VA 22656 7 44B 1 12A 0 8 44B 1 12 0 9 44B 1 11A DYE, JANET S. PO BOX 356 STEPHENSON, VA 22656 10 44B 1 11 0 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON, VA. 22656 12 44B 1 10A1 0 13 44B 1 9 0 14 44B 1 8 SIMMONS, ANN H. C/O DAVID HIETT 2543 MARTINSBURG PIKE STEPHENSON, VA. 22656 15 44B 1 7 CAMPBELL, STEPHANIE J 2537 MARTINSBURG PIKE STEPHENSON, VA 22656 16 44 A 50 CUTSHAW ENTERPRISES, L C PO BOX 2337 WINCHESTER, VA 22604 17 44 A 49 SHANHOLTZ, DAVID L ET ALS 791 MARPLE RD WINCHESTER, VA 22603 18 44 A 48 MCKEE, JANNEY T. C/O MOULDEN, MELVIN 932 ALLEN DR WINCHESTER, VA. 22601 19 44 A 48A THARP, SHARON M 1855 SENSENY RD WINCHESTER, VA 22602 20 44 A 47 CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER, VA 22603 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603 22 44B 1 1 D T SHIRLEY PROPERTIES LLC 2455 MARTINSBURG PIKE STEPHENSON, VA 22656 go 0 5/1 /2007 Adjoining Property Owners.xls 1 of 1 Adjoining Property Owners Map: RE W % W a ZN n N W W 4 W T \ 4 LL Y 5Q /U) j 1I1 [f W I— J U i( L1z 5 U z Ow O P 7 11 c U } Q U) J H �0y�m E \' Q Q CE 9 U U a Z CC � � 0 J � 13 >cf) 0U Q U Z G W Z 15 8 O / 10 12 w a- 14' Qe Uy U) U o z Q z � U) z (7 U) f 16 ¢ O} (3 o 17 Q O w M > CO 22 19 / Q O LU �zL M 0 C7 O g Z z U z U00) - 18 Le end J o Jog 20 } Q w ca 21 Parcel Boundaries W o w ¢ w CV Feet Subject Parcels 6 z Ir o Z O U- /7r Fberf 300 150 0 300 600 oia C Adjoining Parcels zo U) o w / aLLJ rle — N W �TO\wn Ra / U, ip Data Source: Frederick County, Va. GIS Department, 2007 Data Aerial Overview Map .''° __ UJ LU .r • . Ys' n • ..; 0• 77 � n °fie J' _ • :?y.�' j I I. �, `� • f : i � � � _ rLU ro m `�' �. �t � +t _ �'w . •� � N ,�'+, R f� d,,'j�' j - '`; 'i� •`�.' � • Air # �. w v � ., � !" ? E ++ - alters 7 4✓" Q! x Ns °u • s�.t�r Mill �n '• LU LU r'Al- t r '. � - .� ._ �r .. i ram•, > ` f�,, ._ -♦ P rj �� d o le1 �ai� irk f- wLLJ s� I 07 '4 j:.�" s, ASP /; •*' ' •, t..h'LLJ • " ; U) J > Q Q cc: Lli Z CE "• '�? t Q2EJ LU 1 � c< U -y:• w Q ¢, grF •R� NN w _ # — + Ate. < Y • harles i W LU p C3 w ".• d C O ui co > If > c) z �a y e • •�a j f `\ U U 0 co co d — m 00 U °` ;�,, ,s ✓ „``;, +, f Le end �" ,. z JQ �, w 11 �� Q Subject Parcels z o ,vCE r• S bje ��.• '� w Feet t ,yam- .�• i ui o . Parcel Boundaries CE W o — • 700 350 0 700 11400 ins qa .. , • j� _ / _ • - i u;LJ Map Data Source: Frederick County, Va. GIS Department, 2006 Data Ir c 0 m I lie e Feet \ 1,200 600 0 1,200 2,400 FSWSA & UDA Map 1 T��Rd 11 Old Charle s Town Rd Qa l R w ;L Mill L� � 711 Brucetown Rd r 3 Legend QSubject Parcels Parcel Boundaries Sewer -Water Service Area Urban Development Area C7� Z FE W W a W� n 6 a, 2 N2 U ON O aj Z p Wa ■ll r o � c `u' , � I T/ 1 w`n 7M W W Q W 0 - - - ----- U Z Q p W cn U 2i Q Q Q 0 zCE J C/) � } O Cn Q U W W 0 F- In U o a a Q z w Q) En W Q Q a o U Ocn ,zS Q W > M cc) Q (!) (n 3: fn 00C�11 � W Z I Q U J Z U ca N } ZLU W W Z C) LLLI C CCr D cc O p U o N ILLU W a W a = U Data Source: Frederick County, Va. GIS Department, 2006 Data Map Data Source: Frederick County, Va. GIS Department, 2006 Data Map Data Source. Frederick County, Va. GIS Department, 2006 Data NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON MARCH 18, 2004. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. SEE SHEET 2 FOR COURSE INFORMATION. 44-1-0 O.L. 6 RUTH B. PAYNE 381/225 's p 44-1-A 9�p• RONALO S. & VELMA D. �2+ SIMKHOVITCH 883/181 44-1-D1 / EASY LIVING ASSOCIATES ,' 14.714 468/629 ACRES -120 WAMPLER15 MOBILE ES TM #44B-1-6 (14.004 AC.) 9270/1092 .4l �O PRO BD SE ZONING (15.006 AC) • r�4yO�rt� soh B�oo� r sa Iry Se�cy • � �y p p 'r, p e`A, By�Sfrr '\ h°� O0 �rpr -f, ♦ \ppB� 9'1'�yppB �� 40 s9�sl d K7,2otk, 41 S .p9, 6. F9. p9• �sl • N� 1.441 ACRES 6 TM 144-1-B Otil�cBt GS (1.002AC.) tick �t✓C� 40 4i`l, (O (T p9B9 44-1-C ��s Q.A EASY LIVING 60' R/W ASSOCIATES ESMT. IN 468/634 802/1267 !s 1.126 ACRES TM 1448-1-4 1 y"vB �'p •� Lti ACRES �t i FS Lk TM 1448-1-3 TM #448-1-1 CHARLES EDWARD 05 PROPOSED EVELY35 D OSHIRLEY B 2 ZONING (4.021 AC) PROPOSED REZONING PLAT EASY LIVING ASSOCIATES LAND STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE:1" = 200' DATE: AUGUST 31, 2006 PRESENT OWNER: EASY LIVING ASSOCIATES SEE SHEET 2 FOR TAX MAP AND DEED INFORMATION PROJECT 020650 �PLTH Or !' MICHAEL M. ARTi No. 1951 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 2824.79' 100.26' 100.26' S 42728'24" W 02'02'01" C2 2824.79' 171.14' 171.11' S 45'13'33" W 03'28'16" C3 2824.79' 69.78' 69.78' S 47'40'08" W 01'24'55" C4 762.13' 60.67' 60.65' S 48'59'30" W 04'33'40" C5 2824.79' 155.83' 155.81' S 51'11'14" W 03'09'38" LINE BEARING DISTANCE AREA TABULATION PROPOSED B2 ZONING: TM 446-1-2 1.113 AC. TM 44131-1-3 0.192 AC. TM 446-1-3A 0.441 AC. TM 448-1-4 1.126 AC. TM 448-1-6 (PART OF 0.710 AC. TM 44-1-B (PART OF 0.439 AC. TOTAL B2 ZONING: 4.021 AC. PROPOSED 133 ZONING: 4.004 �PART OF11.002 AC. TM 4481 66 PART OF)) TOTAL B3 ZONING: 15.006 AC. L1 S 47'58'26" W 34.43' L2 S 47'49'52" w 100.68, L3 S 49.28'27" E 304.27' L4 N 49'34'25" W 310.33, L5 N 47'42'31" E 215.61' L6 S 49'25'02" E 94.75' L7 N 40'34'25" E 239.86' L8 N 49.24'49" w .' L9 N 49'24'49" W 248.88' L10 N 49*28'13" W 116.43' L11 N 49.23'12" w 109.95' L13 S 49.26'116" E 124.94' L14 S 49'25'34" E 319.76' L15 N 47'44'34" E 40.28' L16 N 48'54'26" W 155.23' L17 N 47'41'00" E 201.44' PRESENT OWNER: EA5Y LIVING A550CIATES TM #44B-1-2 1.113 ACRE5 DB 626, PG 810 TM #44B-1-3 0.192 ACRE5 DB-903, PG 244 TM #44B-1-3A 0.441 ACRES INST.# 020008972 TM #44B-1-4 1.126 ACRES DB 903, PG 244 TM #44B-1-6 14.714 ACRES DB 438, PG 629 TM #44-1-B 1.441 ACRES INST.# 060016824 COURSE SHEET FOR PROPOSED REZONING PLAT EASY LIVING ASSOCIATES LAND STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: AUGUST 31, 2006 PRESENT OWNER: EASY LIVING ASSOCIATES PROJECT 1120650 OF MICHAEL M. ARTZ v No. 1951 b • Easy Living Associates Commercial Center • Adjoining Property Owners C: • NUMBER TAX MAP OWNER ADDRESS CITY & STATE ZIP 1 44 1 C EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 3 44 1 D PAYNE, O. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656 4 44 1 A SIMKHOVITCH, RONALD S. & 2929 VALLEY AVE WINCHESTER, VA. 22601 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656 6 44B 1 12B SIMKHOVITCH, RONNIE S JR 2601 MARTINSBURG PIKE STEPHENSON, VA 22656 7 44B 1 12A 0 8 44B 1 12 0 9 44B 1 11A DYE, JANET S. PO BOX 356 STEPHENSON, VA 22656 10 44B 1 11 0 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON, VA. 22656 12 44B 1 10A1 0 13 44B 1 9 0 14 44B 1 8 SIMMONS, ANN H. C/O DAVID HIETT 2543 MARTINSBURG PIKE STEPHENSON, VA.. 22656 15 44B 1 7 CAMPBELL, STEPHANIE J 2537 MARTINSBURG PIKE STEPHENSON, VA 22656 16 44 A 50 CUTSHAW ENTERPRISES, L C PO BOX 2337 WINCHESTER, VA 22604 17 44 A 49 SHANHOLTZ, DAVID L ET ALS 791 MARPLE RD WINCHESTER, VA 22603 18 44 A 48 MCKEE, JANNEY T. C/O MOULDEN, MELVIN 932 ALLEN DR WINCHESTER, VA. 22601 19 44 A 48A THARP, SHARON M 1855 SENSENY RD WINCHESTER, VA 22602 20 44 A 47 CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER, VA 22603 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603 22 44B 1 1 D T SHIRLEY PROPERTIES LLC 2455 MARTINSBURG PIKE STEPHENSON, VA 22656 3/23/2007 Adjoining Property Owners.xls 1 of 1 14 REZONING APPLICATION #03-07 EASY LIVING ASSOCIATES Staff Report for the Planning Commission Prepared: April 2, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director 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 Planning Commission: 04/18/07 Board of Supervisors: 05/09/07 Action Pending Pending PROPOSAL: To rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres, with proffers (a maximum of 120,000 square feet has been proffered). LOCATION: The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-13, 44B-1-2, 44B-1-3, 44B-1-3A, 4413-1-4 and 4413-1-6 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Residential RA (Rural Areas) Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential/Vacant West: MH1 (Mobile Home District) Use: Mobile Home Park PROPOSED USES: Commercial uses (a maximum of 120,000 square feet has been proffered) 0 0 Rezoning 403-07 — Easy Living Associates Page 2 April 2, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Easy Living Associates Rezoning Application dated September 15, 2006 addresses transportation concerns associated with this request. 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 Marshall: Plan approval recommended. Department of Inspections: No comments. Department of Public Works: 1. Refer to Page 4, Wetlands: A wetlands delineation study shall be performed prior to the master development plan submitted to verify that no upland wetlands exist within the proposed project boundaries. 2. Refer to Page 4, Soil Types: Expand this discussion to include descriptions of the existing karst geology and the potential for sinkhole development. A detailed geotecluiical analysis is recommended as part of the detailed site plan design. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: We have the sewer and water capacity to service this site. Department of Parks & Recreation: No comments. Winchester Regional Airport: We have determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Historic Resources Advisory Board: 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. 0 • Rezoning #03-07 — Easy Living Associates Page 3 April 2, 2007 Frederick County Public Schools: No comments. County Attorney: 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. In Proffer C.2., staff should determine whether the proffer contained in the second sentence is sufficiently definite. 2. It is not clear to me the relationship between Proffers C.3. and C.6. The staff should review this. 3. In Proffer E., the proffer should provide that the monetary contribution shall be to Frederick County "for", rather than "directed to" the Clearbrook Volunteer Fire and Rescue Company and County fire and rescue services. In addition, at the end of the second sentence the words "all commercial structures" should be changed to "each commercial structure." 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 understand that that review will be done by the staff and the Planning Conmrission. Planning Department: Please see attached letter dated January 25, 2007 from Michael T. Ruddy, Deputy Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2. Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA) and the site is within the limits of the Northeast Land Use Plan. The Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. The Plan also recognizes the existing industrial zoning surrounding this site and the Developmentally Sensitive Areas (DSA's) which front the 0 • Rezoning #03-07 — Easy Living Associates Page 4 April 2, 2007 site. The application of quality design standards for future development is also an objective of the Plan. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does include this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Site Access The Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered that one public street entrance and one commercial entrance shall be permitted on Martinsburg Pike from the property. The project proposes additional access enhancements that safely accommodate the existing traffic to the Easy Living Mobile Home Park through the project. Pedestrian accommodations have been provided internally to the project and along the projects frontage with Route 11. 3. Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that a detailed geotechnical analysis will be needed as part of the detailed site plan design. 4. Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 120,000 square feet of a variety of commercial uses and a 16 pump gas station with mart. Using trip generation figures from the I.T.E. Trip Generation Manual, 7t1' Edition, the proposed rezoning is projected to generate 9,803 average daily trips (ADT). The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Old Charles Town Road and Route 11, for which the Stephenson Village project has proffered the construction. The applicant has proffered the signalization of the main project entrance and Martinsburg Pike. The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the site along Route 11 North to the intersection of Route I I and Hopewell Road, Route 672, in Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this intersection, the ultimate solution to which has yet to be determined. This application 0 • Rezoning #03-07 — Easy Living Associates Page 5 April 2, 2007 participates in providing a solution to achieve acceptable levels of service at this intersection by providing a monetary contribution in the amount of $50,000 that may be used to allow for the development of improvements in the general area of this intersection. This project should be evaluated in relationship with other projects in this area that are currently under various stages . of review. Interparcel connectivity should be a consideration with this application. Particular attention was provided to the properties to the west and south of this project. Consideration was also given to potential interparcel connection to the property to the north. However, this Interparcel access was not pursued by the Applicant. The properties to the south are likely to encounter entrance spacing issues due to the proposed entrances and anticipated signalization improvements. Interparcel connections through the B-2 commercial property will help facilitate movement within the commercial properties and avoid additional conflicts on Route 11. Interparcel connectivity between the commercial areas, Route 11, and access to the existing mobile home park has been thoroughly provided by the applicant. B. Sewer and Water The FCSA has an eight inch sewer force main adjacent to the Winchester and Western Railroad approximately 1000 feet west of the property to which the Applicants will connect. This commercial development is expected to generate 500 gallons/day/acre for a total of 9,519 gpd. The FCSA has a ten inch water main along Route 11 and a 20 inch water main adjacent to the Winchester and Western Railroad. This development is expected to generate 1000 gallons/day/acre for a total of 19,020 gpd. The FCSA has stated that they have the water and sewer capacity to service this site. C. Design Standards The project's location on a major corridor and adjacent to an area identified as a developmentally sensitive area warrants particular attention. This attention is provided in the application by a combination of proffered commitments including a proffer to provide a detailed corridor enhancement strip 20 feet in width along the frontage of the property. Included within this strip is a ten foot multi -use trail and landscape plantings. The applicant has also proffered a limitation on the signage on the property by limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and two monument style signs (10 feet high and 50 square feet in size) for the B2 portion of the property. The applicant has fiuther proffered general building material specifications and finally special consideration has been provided to the buffer and screening of the adjacent properties, in particular, any potential preservation of identified wooded areas. D. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $12,000. 0 • Rezoning #03-07 — Easy Living Associates Page 6 April 2, 2007 5. Proffer Statement - Dated September 15, 2006 (Revised March 21, 2007) 1. Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the B2 and B3 zoning districts, the general location of the primary public street system and commercial entrance on Route 11, the general location of the realigned private drive serving the Easy Living Mobile Home Park, and the zoning district buffers. 2. Land Use Restrictions The applicant has proffered the following land use restrictions: a. The prohibition of a variety of uses within both the B2 and B3 zoning districts that will be on the property. b. A limitation on the maximum amount of structural square footage that may be constructed on the property. A maximum of 120,000 square feet of total structure area, 30,000 square feet within the B2 portion of the property and 90,000 within the B3 portion of the property, has been proffered. 2. Transportation The applicant has proffered a limitation on the entrances onto Route 11, the re-aligmnent of the Easy Living Mobile Home Park access road to the new public street, sidewalk acconunodations, and interparcel connectivity. In addition, the applicant proffer includes construction of an additional lane of Route 11 along the frontage of the property with the triggered tinning of its construction, the signalization of the main entrance to the project, and a monetary contribution in the amount of $50,000 that may be used to allow for the development of improvements in the general area of the intersection of Route 11 and Hopewell and Brucetown Roads. The applicant has also proffered the dedication of an additional ten feet of right -away along the property's frontage of Route 11. 3. Site Design Standards The Applicant has proffered to provide a detailed corridor enhancement strip 20 feet in width along the frontage of the property. Included within this strip is a ten foot multi -use trail and landscape plantings. The applicant has proffered a limitation on the signage on the property by limiting the business signs to one monument sign (15 feet high and 100 square feet in size) for the land uses on the B3 portion of the property and two monument style signs (ten feet high and 50 square feet in size) for the B2 portion of the property. The applicant has also proffered general building material specifications and finally special consideration has been provided to the buffer and screening of the adjacent properties, in particular, any potential preservation of identified wooded areas. 4. Monetary Contribution to Offset Impact of Development This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $12,000 ($6,000 for the Clearbrook Volunteer Fire and Rescue Department and $6,000 for County Fire and Rescue Services). 0 i Rezoning #03-07 — Easy Living Associates Page 7 April 2, 2007 TAFF CONCLUSIONS FOR 04/18/07 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan. The application provides a level of sensitivity to the identified Developmentally Sensitive Areas, addresses the appearance of the Route 11 corridor, and recognizes the transportation improvements identified for this corridor. Further, the impacts associated with this rezoning request appear to have been mitigated by the Applicant. A recommendation by the Planning Commission to the Board of Supervisors concerninga this rezoning- application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planninga Commission. U AMENDMENT Action: PLANNING COMMISSION: April 18, 2007 - Recommended Approval BOARD OF SUPERVISORS: May 9, 2007 Q APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #03-07 OF Easy Living Associates WHEREAS, Rezoning #03-07 of Easy Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District with proffers, for commercial uses, was considered. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 4413- 1-4 and 4413-1-6. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 18, 2007; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 9, 2007; 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 4.02 acres from Ra (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District with proffers, for commercial uses, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owners. PDRes. #30-07 • This ordinance shall be in effect on the date of adoption. Passed this 9th day of May, 2007 by the following recorded vote: • Richard C. Shickle, Chairman Nay Barbara E. Van Osten Aye Gary Dove `dye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST /Y-7 ; Jolul A Yley, Jr. Frederick County Administrator PDRes. 930-07 Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 • Easy Living Associates Rezoning EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District and 15.0±-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 19, 2007 Revised April 30, 2007 Revised May 9, 2007 A.) Generalized Development Plan Easy Living Associates Rezoning The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated April 30, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633/EAW 2 Greenway Engineering Is September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 • Easy Living Associates Rezoning 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 as identified on the proffered GDP, that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be. constructed in conjunction with the Site Plan in which the average daily traffic volume of the cumulative Site Plans exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the File #0633/EAW 3 Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 Easy Living Associates Rezoning Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. 8. The Applicant hereby proffers a reservation of right-of-way on tax map parcel 44B-((1))-6 that is 50 feet in width and located within the defined 50-foot buffer area as identified between Al and A2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others that will provide access to the adjoining parcels along this portion of the Property. The reserved 50-foot right-of-way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on all plats and property deeds that are impacted by the section of the proffer statement. 9. The Applicant hereby proffers a reservation of right-of-way on tax map parcel 44-((1))-B and tax map parcel 44-((1))-C, also owned by the Applicant, that is 50 feet in width and located within the area identified between B 1 and B2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others which will replace a portion of the private access drive located on the two identified parcels. The reserved 50-foot right-of- way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on all plats and property deeds that are impacted by this section of the proffer statement. File #063YEAW 4 Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 D.) Site Design Controls *sy Living Associates Rezoning 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated April. 30, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. 5. The Applicant hereby proffers to establish a full buffer and screen within the area identified on tax map parcel 44B-((1))-6 between the two black dots and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen shall contain an opaque element that is six feet in height, 64 evergreen trees that are a minimum of four feet in height at planting, and 32 deciduous trees that are a File #06331FAW 5 Greenway Engineering September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 Easy Living Associates Rezoning minimum two-inch caliper at planting (total of 4 trees per 10 linear feet). This full buffer and screen shall be installed in conjunction with the first Site Plan that is developed within the B-3 District portion of the Property. 6. The Applicant hereby proffers that the screening requirements identified in Sections D(4) and D(5) may be modified upon the construction of a public street by others pursuant to Sections C(8) and C(9) of this Proffer Statement. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW Greenway Engineering F.) Signatures September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 Revised May 9, 2007 0 Easy Living Associates Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES / . Aacob H. Yost, II,.•Nlanager Date Commonwealth of Virginia, CitytCounty bf _ _ _ _ _ _ P'ed 611CL To Wit: The foregoing instrument was acknowledged before me this I 0 i'day of M 20Q by J0 Cv-b E-% �05I- N�Ctir1C�<t�v� Notary Public My Commission Expires i f-f6tnj(x.-u 2-91 228 File #0633/EAW 7 o � ° O o Q ��J Z o O -10 70 46 w� \ / alp-- 7 c � .f CA A ^s Oy Z �o C- JoJ 6aa _- J EASY LIVING COMMERCIAL CENTER GENERALIZED DEVELOPMENT PLAN �' !4 STONEWALL MAGISTERIAL DISTRICT $ FREDERICK COUNTY, VA GREENWAY ENGINEERING 151 windy Hill Inge /YrtW/ r for# Winchester' Virginia 22602 TeWphons 640-662-4166 FAX 540-722-OM aw-7as. ""Q"°nw7°°�'aom B-2 ZONING AREA 5' PARKING LOT LANDSGAPING Ud' BIKE TRAIL 5' GREEN STRIP i RTE. II MARTIN55URG PIKE MARTINSBURG PIKE CORRIDOR ENHANCEMENT EXHIBIT DATE: 4-30-07 SCALE: 1 "=10' 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com ~ Greenway Engineering • September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ 903-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3 A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Propert),") RECORD OWNER: Easy Living Associates, .Jacob I -I. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April 30, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02+- acres of B-2, Business General District and 15.0+-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). NQT Pile 110633/GAW Greenway Engineering • September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 A.) Generalized Development Plan 0 Easy Living Associates Rezoning The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated April 30, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 Pile #0633/EAW Greemvay Engineering September 15, 2006 • Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2.* The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 as identified on the proffered GDP, that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the Site Plan in which the average daily traffic volume of the cumulative Site Plans exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to frilly fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the finding set forth in Pile 40633/13AW 3 Greenway Engineering September 15, 2006 • Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 the signalization agreement to be utilized for traffic signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these fields occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. 8. The Applicant hereby proffers a reservation of right-of-way on tax map parcel 44B-((1))-6 that is 50 feet in width and located within the defined 50-foot buffer area as identified between Al and A2 on the proffered GDP. The purpose of this reservation shall be for the construction of a fixture public street system by others that will provide access to the adjoining parcels along this portion of the Property. The reserved 50-foot right-of-way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on all plats and property deeds that are impacted by the section of the proffer statement. 9. The Applicant hereby proffers a reservation of right-of-way on tax map parcel 44-((1))-B and tax map parcel 44-((1))-C, also owned by the Applicant, that is 50 feet in width and located within the area identified between B I and B2 on the proffered GDP. The purpose of this reservation shall be for the construction of a future public street system by others which will replace a portion of the private access drive located on the two identified parcels. The reserved 50-foot right-of- way shall be dedicated to Frederick County within 90 days of written request by the County. The Applicant shall provide disclosure of this right-of-way reservation and dedication on all plats and property deeds that are impacted by this section of the proffer statement. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the Pile 80633/EAW �1 Greenway Engineering • September 15, 2006 • Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated April 30, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees imrnediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. 5. The Applicant hereby proffers to establish a full buffer and screen within the area identified on tax map parcel 44B-((1))-6 between the two black dots and labeled as 50' Buffer — See Proffer D5 on the proffered GDP. The full buffer and screen shall contain an opaque element that is six feet in height, 64 evergreen trees that are a minimum of four feet in height at planting, and 32 deciduous trees that are a minimum two-inch caliper at planting (total of 4 trees per 10 linear feet). This fill buffer and screen shall be installed in conjunction with the first Site Plan that is developed within the B-3 District portion of the Property. Pile #0633/EAW 5 Greemvay Engineering • September 15, 2006 Easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. Pile H633/13AW t Greenway Engineering F.) Signatures September 15, 2006 Revised March 21, 2007 Revised April 18, 2007 Revised April 30, 2007 • Easy Living Associates Ruomng The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES i By: �—�` / i/sc % Nl � �c Jacob H:-Yost, III, Manager Commonwealth of Virginia, Cit Count f i-reder(ck To Wit: The foregoing instrument was acknowledged before me this (6T day of 20Q by 0,Cv 10 My Commission Expires L Phyt,Y�� r 2-9, 2008 '5-- — / — v 7 Date Notary Public File #0633/EAW 7 Greenway Engineering • September 15, 2006 •'asy Living Associates Rezoning - Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April 18, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District and 15.0±-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Greenway Engineering September 15, 2006 .iasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking PFive Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633/EAW 2 Greenway Engineering September 15, 2006 03asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route It) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary cemn public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic File #0633/EAW 3 Greenway Engineering September 15, 2006 •:asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, .stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #06331EAW 4 Greenway Engineering . September 15, 2006 •iasy Living Associates Rezoning Revised March 21, 2007 Revised Api•il 18, 2007 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Plarming Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 •?asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES Jacob H. Yost, III, Manager Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this 20_ by My Commission Expires day of Notary Public Date File #0633/EAW 6 Greenway Engineering September 15, 2006 •.asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (B3) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 REVISION DATE: April 18, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District -and 15.0±-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Greenway Engineering • September 15, 2006 •:asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633/EAW 2 Greenway Engineering • September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the File #0633/EAW 3 Greenway Engineering September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction cotsts to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #0633/EAW 4 Greenway Engineering September 15, 2006 .?asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 �asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. Ill the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES M. Jab-H: Yost, III, Commonwealth of Virginia, City ount ofy-er1e-vicJ-- To Wit: The foregoing instrument was acknowledged before me this 1e,�h day of 200� by `Jaco to l . YoS-i-'- TT , G2re-VW QGlt-`E'm V . My Commission Expires f-6,,ucs ;�u ZqT S 4- / D ate Notary Public File #0633/EAW 6 EASY LIVING COMMERCIAL CENTER GENERALIZED DEVELOPMENT PLAN 8 ;2 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VA REVMION GREENWAY ENGINEERING 161 Windy Hill lane F*..d.d � 1971 Winchester, Virginia 22602 Telephone 540-882-4185 Rest-- FAX W-722-9528 SM.Yors —gree—yang.com Greenway Engineering • September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15, 2006 `� ' GLIR 14T REVISION DATE: April 18, 2007 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District and 15.0±-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Greenway Engineering September 15, 2006 leasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Drive Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633/EAW 2 Greenway Engineering September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, Industrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary eemmefeial public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic File #0633/EAW 3 Greenway Engineering • September 15, 2006 4Wsy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 signalization along the Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, .stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #0633/FAW 4 Greenway Engineering is September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW 5 Greenway Engineering • F.) Signatures September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES Jacob H. Yost, III, Manager Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this 20_ by My Commission Expires day of Notary Public Date File #0633/EAW 6 Greenway Engineering September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ #03-07 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: REVISION DATE Preliminary Matters September 15, 2006 April 18, 2007 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-07 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District and 15.0±-acres of B-3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Greenway Engineering September 15, 2006 91asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops Only SIC 5541 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC hidicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Only Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 5541 SIC 7389 SIC 7389 SIC 75 SIC 7832 SIC 79 File #0633/EAW PA Greenway Engineering September 15, 2006 +asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, hndustrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary public street entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. In the event that traffic signalization is not warranted at this intersection during the period of the signalization agreement, the Applicant agrees to allow for the funding set forth in the signalization agreement to be utilized for traffic signalization along the File #0633/EAW 3 Grcenway Engineering September 15, 2006 Osy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 Martinsburg Pike corridor. If traffic signalization is warranted at the subject Property after the transfer of these funds occurs, then the funding to provide traffic signalization at the subject Property shall be provided by VDOT, Frederick County, or other funding sources. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the first Site Plan approval for the Property. D.) Site Design Controls 1. The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. File #0633/EAW 4 Greenway Engineering September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW 5 Greenway Engineering 0 F.) Signatures September 15, 2006 49asy Living Associates Rezoning Revised March 21, 2007 Revised April 18, 2007 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES M. Jac'ob--I . Yost, 111, Commonwealth of Virginia, City<ount of F recie.Vlck— To Wit: 4/ - r)7 ate The foregoing instrument was acknowledged before me this IeAk day of Apd I 200� by 'Jaen b l . Yos 4�' `1 fT ��r�ev� l Rny-+r—e r Notary Public My Commission Expires 'Fe6yya u LEI} 2-668 File #0633/EAW 6 Greenway Engineering * September 15, 2006 0asy Living Associates Rezoning Revised March 21, 2007 EASY LIVING ASSOCIATES — RT. 11 NORTH COMMERCIAL PROFFER STATEMENT REZONING: RZ# 69— 6 Rural Areas District (RA) to Business General District (132) and Industrial Transition District (133) PROPERTY: 19.02 acres +/-; Tax Parcels #44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4, and 44B-((1))-6 (here -in after the "Property") RECORD OWNER: Easy Living Associates, Jacob H. Yost, III, Manager APPLICANT: Easy Living Associates (here -in after the "Applicant") PROJECT NAME: Easy Living Associates — Rt. 11 North Commercial ORIGINAL DATE OF PROFFERS: September 15,2006tr)�V1S�I, REVISION DATE: March 21, 2007rf Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 02'0'1 for the rezoning of 19.02±-acres from the Rural Areas (RA) District to establish 4.02±- acres of B-2, Business General District and 15.0±-acres of B-3, hndustrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Easy Living Associates, being all of Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4, and 44B-((1))-6, and further described by Boundary Survey Plat prepared by Artz and Associates, dated August 31, 2006 (see attached Boundary Survey Plat). File #0633/EAW Grcenway Engineering September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 A.) Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") prepared by Greenway Engineering dated March 21, 2007 that will be approved as a condition of the rezoning application. The GDP shall identify the general location of the B-2 Zoning District area and the B-3 Zoning District area, the general location of the primary commercial street system and entrances on Martinsburg Pike (U.S. Route 11), the general location of the realigned private access drive serving the Easy Living Mobile Home Park, and the location of all zoning district buffers. The length of the primary commercial street system identified in the B-3 Zoning District area may be reduced without the need of a modified GDP for the Property. B.) Land Use Restrictions 1. The Applicant hereby proffers to prohibit the following land uses within the B-2, Business General District portion of the Property: Retail Nurseries SIC 526 Truck Stops SIC 55 Hotels and Motels SIC 701 Organization Hotels and Lodging SIC 704 Car Washes SIC 7542 Motion Picture Theaters SIC 7832 Amusement and Recreation Services Operated Indoors SIC 79 Golf Driving Ranges and Miniature Golf Courses SIC 7999 Adult Retail No SIC Indicated 2. The Applicant hereby proffers to prohibit the following land uses within the B-3, Industrial Transition District portion of the Property: Local and Suburban Transit Motor Freight Transportation and Warehousing Transportation by Air Transportation Services Truck Stops Automobile Recovery Service Automobile Repossession Service Automotive Repair, Services and Parking Drive -In Motion Picture Theaters Amusement and Recreational Services Operated Indoors SIC 41 SIC 42 SIC 45 SIC 47 SIC 55 SIC 7389 SIC 7389 SIC 75 SIC 78 SIC 79 File #0633/EAW Greenway Engineering September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 3. The Applicant hereby proffers to limit the total structural area on the Property to 120,000 square feet. The following identifies the allocation of the total structural area square feet within the B-2, General Business District and the B-3, Industrial Transition District portions of the Property: B-2, General Business District 30,000 total square feet (5,000 square feet maximum restaurant) B-3, hndustrial Transition District 90,000 total square feet C.) Transportation Enhancements 1. The Applicant hereby proffers to limit the number of entrances to the Property that intersect Martinsburg Pike (U.S. Route 11) to provide for one primary public street entrance and for one commercial entrance. 2. The Applicant hereby proffers to relocate the existing entrance and access road serving the Easy Living Mobile Home Park to connect to the primary commercial street system in the general location indicated on the proffered GDP. The Applicant shall construct this improvement at the same time that the primary commercial street system is developed. Additionally, the Applicant hereby proffers to provide a five-foot sidewalk along the southwest side of the primary commercial street system to the private access drive and a five-foot sidewalk along the south side of the private access drive to the adjoining property. 3. The Applicant hereby proffers to provide for an inter -parcel connection along the southern boundary of tax map parcel 44B-((1))-2 that will be identified on the Site Plan on this portion of the Property. The appropriate area for the inter -parcel connection shall be reserved by easement by the Applicant and shall be developed by others. 4. The Applicant hereby proffers to provide an additional 12-foot paved travel lane and shoulder along the entire frontage of the Property that will be constructed in conjunction with the site plan in which the average daily traffic volume exceeds 500 VPD for the Property. 5. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) to fully fund a new traffic signal at the primary commercial entrance to the Property. This signalization agreement will be executed with VDOT prior to first Site Plan approval for the Property and will be installed when warranted by VDOT. 6. The Applicant hereby proffers to provide a monetary contribution of $50,000.00 that may be applied towards right-of-way acquisition, engineering, or File #0633/EAW 3 Creenway Engineering September 15, 2006 easy Living Associates Rezoning Revised March 21, 2007 construction costs to allow for the development of intersection improvements at Martinsburg Pike with Hopewell Road (Route 672) and Brucetown Road (Route 672). This monetary contribution will be made to Frederick County within 90 days of first Site Plan approval. 7. The Applicant hereby proffers to dedicate a 10-foot right-of-way to VDOT along the entire frontage of the Property on Martinsburg Pike (U.S. Route 11). This dedication shall occur prior to the fist Site Plan approval for the Property. D.) Site Design Controls The Applicant hereby proffers to provide a corridor enhancement strip along the Martinsburg Pike (U.S. Route 11) frontage of the Property that is 20 feet in width and located on the south side of the primary public street entrance adjacent to the 10-foot right-of-way dedication specified in Section C(7) above. This corridor enhancement strip will be developed in substantial conformity with the proffered Martinsburg Pike Corridor Enhancement Exhibit prepared by Greenway Engineering dated March 21, 2007, which shall include a 10-foot wide asphalt pedestrian trail, parking lot landscaping on the west side of the pedestrian trail and deciduous flowering trees planted on 40-foot centers, low lying shrubs and flowers on the east side of the pedestrian trail. These improvements shall be developed in conjunction with the improvements specified under Section C(4) of this proffer statement. 2. The Applicant hereby proffers to limit business signs to one monument style sign for the land uses on the B-3 District portion of the Property that will be limited to a maximum height of 15 feet and 100 square feet in each message face area, and two monument style signs for the land uses on the B-2 District portion of the Property that are each limited to a maximum height of 10 feet and 50 square feet in each message face area as an enhancement to the Martinsburg Pike corridor. 3. The Applicant hereby proffers to prohibit the use of metal buildings on the B-2 District portion of the Property and to utilize similar construction themes and building materials limited to brick, stone, false stone, split -face block, simulated stucco, wood and glass on three sides of the primary land use structures within this portion of the Property. 4. The Applicant hereby proffers to preserve a 50-foot strip of the existing vegetation surrounding the north, east and west boundaries of the B-3 District portion of the Property to be utilized as a full screen as identified on the proffered GDP. Additionally, the Applicant hereby proffers to provide a single row of evergreen trees immediately adjacent to the 50-foot vegetation strip that are a minimum of four feet in height and planted on 10-foot centers. The 50-foot vegetation strip will be field located in conjunction with each Site Plan to allow File #0633/EAW 4 Greenway Engineering . September 15, 2006 Oasy Living Associates Rezoning Revised March 21, 2007 the Planning Department to determine if additional evergreen trees are needed to achieve the function of a full screen. E.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers to provide a monetary contribution of $12,000.00 ($0.10 per proffered building square foot), of which $6,000.00 is to be for the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 is to be for County Fire and Rescue services. The monetary contribution shall be made payable to the Frederick County Treasurer at the time of issuance of the building permit for the first Site Plan approved on the Property. File #0633/EAW Greenway Engineering 0 September 15, 2006 01asy Living Associates Rezoning Revised March 21, 2007 F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: EASY LIVING ASSOCIATES % By: �- Jaeob�H. Yost;'III, Manage., Date Commonwealth of Virginia, Cit County f t-adecrir k To Wit: The foregoing instrument was acknowledged before me this 2Z`I�day of Mavc^ ) 20v' by Gl �o�T et'rt-a( <iVim it Notary Public My Commission Expires Fe,b n,•atg4 Z-Cl12-008 File #0633/EAW 6 5-2 ZONING AREA 5' PARKING LOT LANDSGAPING 10' BIKE TRAIL 5' GREEN STRIP i RTE. 11 MARTIN55URG PIKE MARTINSBURG PIKE CORRIDOR ENHANCEMENT EXHIBIT DATE: 3-21-07 SCALE: 1 "=10' tt\ Engineers Surveyors Founded in 1971 C�iREENUJ4'*� EN(1C; INEEF,:)fNC; 151 WINDY HILL LANE WINCHESTER, VA. 22602 TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 www.greenwayeng.com o, < / J ` � O a V° M> -� e e Co J j rj o `J o Gz I I I P • s 5 EASY LIVING COMMERCIAL CENTER GENERALIZED DEVELOPMENT PLAN MAGISTERIAL DISTRICT FREDERICK COUNTY, VA DATE itzvmlON ^-"ft"" � � GREENWAY ENGINEERING 151 wind, HW � '"°`�°'`�` "`�'-4185 Twkqh�STONEWALL FAX '� 95N �ae.na)sa4aom EASY LIVING COMMERCIAL CENTER GREENWAY ENGINEERING o 161 Rind? Hill Iane GENERALIZED DEVELOPMENT PLAN ^,,,,,,'~'^' Winchester, Virginia 22002 540- 8 -4185 TolaphFAX 8 r STONEWALL MAGISTERIAL DISTRICT Enyineen 540ne sur�e�on w...Reenwa7ent.com 8 FREDERICK COUNTY, VA • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 25, 2007 ---, IFP, F ion, Z 52007 i(! Mr. Evan Wyatt, AICP QVOJUSL Greenway Engineering F y _ 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments — Easy Living Commercial Rezoning Application Dear Evan: The following points are offered regarding the Easy Living Commercial Rezoning application. Please consider them as you continue to work on the preparation of this rezoning application for submission to the County. Comprehensive Plan 1. The Northeastern Frederick Land Use Plan generally provides for commercial uses in the vicinity of this site and along Route 11, Martinsburg Pike. The Plan also recognizes the existing industrial zoning surrounding this site and the Developmentally Sensitive Areas (DSA's) which front the site. The application of quality design standards for future development is also an objective of the Plan. The application should further explain how the request is in conformance with the Plan and more particularly how the request addresses the DSA designation for the properties immediately adjacent to the site which front on Route 11. The goal would be to ensure compatibility of the proposal with the adjacent existing land uses and to provide for the application of quality design standards for the proposed land uses. Transportation 2. The Traffic Impact Analysis (TIA) distributes approximately 35 percent of the traffic from the site along Route 11 North to the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. Recent TIA's have demonstrated level of service and lane geometry issues at this intersection, the solution to which has yet to be determined. This applicant may have the opportunity to participate to a greater extent in providing a solution to achieve acceptable levels of service at this intersection. This could involve working closely with other projects in this area that are currently under review. 3. Interparcel connectivity should be provided to the properties to the north and south of the project. This is in addition to the proposed connection the applicant has provided for the existing mobile home park. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 2 3.1. The properties to the south are likely to encounter entrance spacing issues due to the proposed entrances and anticipated signalization improvements. Interparcel connections through the B-2 conunercial property would help facilitate movement within the commercial properties and avoid additional conflicts on Route 11. 3.2. The property to the north is presently zoned M1 and RA. The extension of the Public Street to the northern property line should be a consideration.' This would enable any additional commercial or industrial development to have safe access to Route 11 via a signalized intersection. 4. It may be desirable to locate the proposed public street adjacent to the buffer on either the east or west side of the property to provide a greater amount of usable lot area for the future commercial projects. Placing it adjacent to the western buffer would address both this comment and provide access to the adjacent M1 zoned property. Alternately, placing it adjacent to the eastern buffer could afford the opportunity for fixture reverse access from the adjacent lots that front along Route 11, minimizing potential future access points along Route 11. Language could be offered that enables future access across the buffer area for the adjacent properties. In either scenario, a greater amount of developable area may result from locating the road adjacent to a buffer and the number of additional entrances onto Route 11 could be minimized. 5. The language in the Proffer Statement; A.) Generalized Development Plan, regarding the final location of the internal public street and commercial entrances should be more specific in an effort to address the interparcel connectivity issue described above. The final sentence appears to make the GDP irrelevant and should be reconsidered. 6. Access to the properties across Route 11 from the proposed project, in particular the Stephenson Post Office, should be carefully evaluated to make sure that their access would not be compromised by the proposed installation of a signal in the location identified in the GDP. 7. Martinsburg Pike is identified on the Frederick County Bicycle Plan with a short- term designation. Consideration of this item should be incorporated into the application. Recent applications on the west side of Martinsburg Pike have addressed this issue by providing for a ten foot wide multi -use trail along the frontage of their property. The consistent application of this improvement along the west side of Route 11 would be desirable. Consideration should also be given to providing a sidewalk adjacent to the new public street at least from Route 11 to the relocated entrance to the mobile home park. It is anticipated that this area will become more walkable as development of this style continues in close proximity to existing residential areas. Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 3 Proffer Statement and Community Facilitypacts 7. Areas of existing vegetation or mature woodlands should be evaluated and potentially preserved to the greatest extent possible and enhanced with additional plantings to provide protection to the adjacent residential land uses and DSA. It appears as though the existing vegetation within what would be the future buffer area may provide a desirable buffer. 8. A one-time initial contribution to Clearbrook Volunteer Fire and Rescue Company and to Frederick County for Fire and Rescue Services based upon the maxi,num proffered build -out of the site is suggested rather than the approach proposed in this proffer. This would simplify the administration of this proffer. 9. Proffer C.) 1. should specify one primary public street access to the property and one cormnercial entrance to the B2 portion of the property. 10. Proffer C.) 2. should include a timing trigger for the internal connection to be made consistent with the construction of the public street. 11. Proffer C.) 3. should occur concurrently with the first development activity on the property. The desire would be to ensure the proffered public street access, relocated private street from the mobile home park to the public street, and the frontage improvements occur with the onset of the development. The vehicle trips from the mobile home park alone would appear to warrant the initial construction of the frontage improvements. It would be undesirable to create a situation where the B2 portion of the property develops without the benefit of the public road access and the relocation of the mobile home park traffic around the B2 portion of the property. 12. Proffer C.) 5. should promote an approach consistent with that endorsed for other projects in the area of the needed improvements identified by the applicant. The scope of the improvements necessary and the costs of the improvements should be understood. This would enable an accurate evaluation of the appropriate contribution. 13. Proffer D.) 1. replicates existing setback requirements and landscaping details for parking lots adjacent to road right-of-ways. The application should seek to enhance the current requirements of the ordinance in an effort to address the goals of the Comprehensive Plan. and provide for a quality landscape design along the Route 11 corridor. 14. Proffer D.) 2. should be revisited to promote a sign that enhances the corridor appearance of Route 11 in conjunction with the landscaping. A further reduction in the number, size, and square footage of the signage is recommended as a means to achieving this objective. As an example, in the Round Hill Route 50 Corridor, one monument sign per development with a maximum size of 50 square feet and a maximum height of 12 feet would be acceptable. 0 a Re: Easy Living Commercial — Preliminary Rezoning Comments January 25, 2007 Page 4 15. Proffer D.) 3. should promote design elements that clearly achieve a desired standard of design for this project. As currently written, the proffer does not appear to guarantee the quality standard of design sought by the Plan. Consideration could be given to proffering particular design elements or even the design of the commercial buildings in the B2 portion of the property if a particular style and character of commercial use has been identified. Other A relatively significant violation of the County's Zoning Ordinance appears to exist on the property in the form of large piles of debris and trash. This issue should be addressed by the property owner immediately. Please feel free to contact me if you have any questions or would like additional assistance with this rezoning request. Sincerely, Michael T. Ruddy, AICP Deputy Director MTR/bad cc: Mark Cheran, Zoning Administrator. Rezoning Comments . Virginia Department of Transportation Mail to: Virginia Department of Transportation Attu: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant: Please fill.out;the nformat on:as:accurately as pi ssible'in order to assist the Virginia Department of Transportation with'their: review: Attach a copy of ybur:applieation form, locationanap, proffer irr pact,.afialysis` and: any other pertinent information. Applicant's Name: GreenwU Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 act Acreage: 19.02 total acres Virginia Department of Transportation Comments: See attached email from VDOT to Mr. Ewan Wyatt tgith GrPPnwgy Engineering dated December 29, 2006. 1� VDOT Signature & Date: .,�',r 12/29/06 Notice to VDOT — Please Return This Form to the Applicant Easy Living Associates Commercial Center - VDOT Comments to Rezoning 9 • Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov) on behalf of Ingram, Lloyd [Lloyd.ingram @ VDOT.Virginia.gov] Sent: Friday, December 29, 2006 8:50 AM To: Evan Wyatt Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Easy Living Associates Commercial Center - VDOT Comments to Rezoning The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Easy Living Associates Rezoning Application dated September 15, 2006 addresses transportation concerns associated with this request. 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. <<SCN_20061229084821 _001.pdf>> 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) 1/2/2007 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments C� w¢ : p. w.. x � y ,VIRGINIA' • Frederick County Fire and rescue Depa 't§"ont Office of the Fire Marshal Plan Review and Comments Control number Date received RZ06-0020 10/13/2006 Project Name Easy Living Associates Commercial Center Address City 151 Windy Hill Ln. Winchester Type Application Tax ID Number Rezoning 44-1-13,etc Current Zoning RA Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date reviewed 10/16/2006 Applicant Greenway Engineering State Zip VA 22602 Fire District 13 Date Revised Applicant Phone 540-662-4185 Rescue District 13 Election District Stonewall Residential Sprinkler System No Fire Lane Required Yes Special Hazards No OC1. j. 2006 r Plan Approval Recommended Reviewed By Signature Yes J. Neal ") Title 0 • COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 March 14, 2007 RE: Easy Living Associates Commercial Center Rezoning Comments Frederick County, Virginia Dear Evan: We have completed our review of the rezoning application for the proposed Easy Living Commercial Center and offer the following comments: 1. Refer to Page 4, Wetlands: A wetlands delineation study shall be performed prior to the master development plan submittal to verify that no upland wetlands exist within the proposed project boundaries. 2. Refer to Page 4, Soil Types: Expand this discussion to include descriptions of the existing karst geology and the potential for sinkhole development. A detailed geotechnical analysis is recommended as part of the detailed site plan design. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, c<..�\Y •� . � 'vim-L'l.Ut'�d J Harvey E."Ilrawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file C:\Program Files\WordPerfect Office X3\Rl►onda\TEMPCOMMENTS\EASYLIVINGASSOCCOMCTRREZCOM.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments • 0 Frederick County Sanitation Authority Nlail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 N/lailing Address: 151 Windy Hill Lane��'�'' Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 76 l) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 ac.) Acreage: 19.02 total acres rS,rnitation Authority Comments: W y� ��� 51A-Wz=�I W/4 7�-A Cs-�plyc aly -re) Sanatation Authority Signature & Date:r' Notice to Sanitation Author— Please Return This Form to the Applicant Authority L �J OCT 16 2006 Rezoning Comments 0 0 Frederick —Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director 11.0. Box 43 \\/inchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway En ineerin Telephone: 540-662-4185 \/(ailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11 approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 ac.) Acreage: 19.02 total acres l+ red-Winc Service Authority's Comments: �� c:c��►�Pyi-'�s Fred- Wine Service Authority's FA Signature & Date: ��10 ve ©� Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Vill D�- OCT j. 7 'NOG I.— w ... Rezoning Comments 9 Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road \\iinchester, Virginia 22602 (540) 662 2422 LI Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia - Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 \Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Current zoning: RA District Zoning requested: B2 District (4.02 ac.) & B3 District (15.0 ac.) Acreage: 19.02 total acres N\'inchester Regional Airport's Comments: LA - Winchester Regional Airport's (� {� Signature & Date; Notice to Winchester Regional Airport — Please Return This Form to the Applicant 0 • ' yr�0 WINCHESTER REGIONAL AIRPORT SERVING THE El 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 gUTHo1A (540) 662-2422 December 15, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Easy Living Associates Commercial Center Stonewall Magisterial District Dear Mr. Wyatt: We have reviewed the proposed Rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace„it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director o Mlb" MdT� DEC I � 2006 • • November 9, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Easy Living Rezoning; PINS # 44-1-B, 44B-1-2, 44B-1-3, 44B-1-4, 44B-1-6 Dear Mr. Wyatt: 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 comment on this application. Please call if you have any questions or concerns. Sincerely, Kevin T. eruy Plamling Technician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1692-1972) THOMAS V. MONAHAN (1924-1999) 7 a 307 EAST MARKET STREET 9 EAST BOSCAVIEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0, LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-652-3200 ROBERT T. MITCHELL, JR. FAX 540.662.4304 JAMES A. KLENKAR E-MAIL IawVets@hallnwnahan.coni STEVEN F. JACKSON January 29, 2007 DENNIS J. MCLOUGHLIN, JR. .LAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. BOX 646 WINCHESTER, VIRGINIA 22604-0648 Re: Easy Living Associates --- Route f 1 North Commercial Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In Proffer C,2., staff should deternune whether the proffer contained in the second sentence is sufficiently definite. 2. It is not clear to me the relationship between Proffers C.3. and C.6. The staff should review this. 3. In Proffer E., the proffer should provide that the monetary contribution shall be to Frederick County "for", rather than "directed to" the Clearbrook Volunteer Fire and Rescue Company and County fire and rescue services. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy January 29, 2007 Page 2 In addition, at the end of the second sentence the words "all conunercial structures" should be changed to "each conunercial structure." 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 Corrunission. If'there are any questions concerning the foregoing cornments, please contact nee. Very truly yours, Robert T. Mitchell, J RTM/ks IMPACT ANALYSIS STATEMENT EASY LIVING . COMMERCIAL CENTER Stonewall Magisterial District Frederick County, Virginia TM 44-((1))-B, 44B-((1))-29 44B-((1))-3, 44B-((1))-3A9 44B-((1))-49 44B-((1))-6 September 15, 2006 Revised March 21, 2007 Current Owners: Easy Living Associates Jacob H. Yost, Manager Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #0633 Impact Statement/EAW Creenway Engineering September 15, 2006 40y Living Commercial Center Rezoning Revised March 21, 2007 EASY LIVING COMMERCIAL CENTER REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 19.02±-acre subject property owned by Easy Living Associates, and identified as Tax Map Parcels 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 4413- ((1))-4-and 44B-((1))-6. The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. The Applicant proposes to rezone the 19.02±-acre subject property from RA, Rural Areas District to B-2, Business General District and B-3, Industrial Transition to allow for the development of business, retail and small office land use. Basic information Location: Fronting on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out Stonewall 44-((1))-B, 44B-((1))-2, 44B-((1))-3, 44B-((1))-3A, 44B-((1))-4 and 44B-((1))-6. RA, Rural Areas District Residential and Unimproved Commercial land use B-2, Business General District (4.02± acres) B-3, Industrial Transition (15.0± acres) 19.02±-acres 120,000 maximum square feet commercial File #0633 Impact Statement/EAW 2 Greenway Engineering September 15, 2006 Revised March 21, 2007 0y Living Commercial Center Rezoning COMPREHENSIVE PLAN Urban Development Area The 19.02±-acre subject property is currently located outside of the Urban Development Area (UDA); however, expansion of the UDA to accommodate the proposed commercial land uses is not necessary for this rezoning application. Sewer and Water Service Area The 19.02±-acre subject property is currently located within the Sewer and Water Service - Area (SWSA); therefore, expansion of the SWSA is not necessary for this rezoning application. Northeast Land Use Plan The 19.02±-acre subject property is a component of the Northeast Land Use Plan. This land use plan recommends the development of business and commercial land uses along the Martinsburg Pike (Route 11) corridor. The Planning Department staff has advised the applicant that the development of business and commercial land use on the subject property would be in conformance with the Comprehensive Policy Plan. The Northeast Land Use Plan identifies existing residences adjacent to the subject property as developmentally sensitive areas (DSA). The Applicant's proffer statement provides for the preservation of existing dense vegetation supplemented with evergreen tree plantings and significantly limits business sign height and area to mitigate potential impacts to the existing adjacent residences. SUITABILITY OF THE SITE Access The 19.02±-acre subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. Access to the property will be accomplished through the development of a primary commercial street system serving the B-2 District and the B-3 District acreage, as well as a commercial entrance serving the B-2 District acreage that is located 300 feet south of the primary commercial street system. The existing private access drive serving the Easy Living Mobile Home Park is proposed to be relocated to connect to the primary commercial street system within the commercial center. The proffered Generalized Development Plan identifies the proposed transportation plan for this project and the existing Easy Living Mobile Home Park. File #0633 Impact Statement/EAW 3 Greenway Engineering 9 September 15, 2006 Qy Living Commercial Center Rezoning Revised March 21, 2007 Flood Plains The 19.02±-acre subject property does not contain areas of floodplain and is classified as a Category C — Area of Minimal Flooding as demonstrated on FEMA NFIP Maps #510063- 0105-B and #510063-0110B and on the Frederick County GIS Database. Wetlands The 19.02±-acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. The Applicant will conduct a wetlands analysis for the subject property to determine if any wetlands are present. The findings from this analysis will be included as information on the Master Development Plan subsequent to rezoning approval. Soil Types The 19.02±-acre subject property contains two soil types as demonstrated by the Soil Survey of Frederick County, Virginia and the Frederick County GIS Database. The following soil types are present on site: 14B Frederick-Poplimento Loams 2-7 % slope 14C Frederick-Poplimento Loams 7-15% slope 17C Frederick-Poplimento Loams, rock outcrop complex 2-15% slope 39B Swimley Silt Loams 2-7% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia identifies these soil types as prime farmland soils. The soils types on this property are suitable for commercial development and have moderate shrink -swell potential. Karst geology is present in this area of the County; therefore, geotechnical analysis will be conducted during the development of infrastructure on the subject property. Other Environmental Features The 19.02±-acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints for the proposed commercial center. SURROUNDING PROPERTIES Adjoining �propert y zoning and present use: North: M-1, Light Industrial District RA, Rural Areas District Use: Unimproved Residential and Unimproved File #0633 Impact Statement/EAW 4 Greenway Engineering September 15, 2006 4sy Living Commercial Center Rezoning Revised March 21, 2007 South: RA, Rural Areas District Use: Residential and Unimproved MH-1, Mobile Home Community District Easy Living Mobile Home Park East: RA, Rural Areas District Use: Residential and Unimproved M-1, Light Industrial District Allied Wood Products West: RA, Rural Areas District Use: Residential and Unimproved MH-1, Mobile Home Community District Easy Living Mobile Home Park TRANSPORTATION A traffic impact analysis (TIA) has been prepared for the rezoning application by PHR&A dated May 11, 2006. The TIA models the 19.02±-acre site at two driveway intersection points on Martinsburg Pike (U.S. Route 11) and at the intersection of Martinsburg Pike and Old Charles Town Road (Route 761). The TIA provides information pertaining to existing lane geometry and levels of service at these intersections, accounts for background traffic associated with the Stephenson Village Residential Planned Community and the Adams Commercial Center along with a 4% average annual traffic increase on Martinsburg Pike and Old Charles Town Road, and accounts for a mix of commercial development on the 19.02±- acre site including office, retail, fast food with drive -through service and convenience store with gasoline pumps. The TIA build -out analysis for lane geometry and levels of service demonstrates fairly high traffic volumes during the AM and PM peak hours at the two driveway intersection points for the subject property, as well as at the intersection of Martinsburg Pike and Old Charles Town Road. The suggested improvements in the TIA recommend traffic signalization at the northern site driveway, which is the primary entrance to the commercial center, as well as traffic signalization and the development of separate right and left turn lanes on Old Charles Town Road at the Martinsburg Pike. intersection. Rezoning Application #06-03 for Stephenson Village proffered to develop off -site transportation improvements that include traffic signalization at the Old Charles Town Road/Martinsburg Pike intersection and turn lanes on Old Charles Town Road and on Martinsburg Pike. Greenway Engineering has prepared a Public Improvement Plan for these off -site transportation improvements and construction is anticipated to begin in calendar year 2007. The Applicants have incorporated a transportation enhancements section within their proffer statement to mitigate the potential traffic impacts associated with this rezoning application. These proffered enhancements include the execution of a signalization agreement with VDOT to fully fund a traffic signal at the intersection of the primary site entrance and Martinsburg Pike, a dedication of land to VDOT for the future widening of Martinsburg Pike along the entire frontage of the subject property, the construction of an additional 12-foot travel lane onto Martinsburg Pike along the entire frontage of the subject property, access management controls, the development of a 10-foot asphalt bicycle and pedestrian trail, and a monetary contribution for right-of-way acquisition, engineering or construction for File #0633 Impact SlatemenUEAW 5 Greenway Engineering • September 15, 2006 Osy Living Commercial Center Rezoning Revised March 21, 2007 intersection improvements at the Martinsburg Pike intersection with Hopewell Road (Route 672) and Brucetown Road (Route 672). The transportation enhancements proffered by the Applicants allows for the development of the Easy Living Commercial Center while maintaining acceptable levels of service at the subject property and along Martinsburg Pike; therefore, the potential transportation impacts associated with this development will be adequately mitigated. SEWAGE CONVEYANCE AND TREATMENT The 19:02±-acre subject property is located within the Route 11 North Sewer and Water Service Area (SWSA). There is a newly constructed 8" sanitary sewer force main adjacent to the Winchester and Western Railroad that is located approximately 1,000 feet to the west of the subject property. The Applicants are the owners of the adjacent Easy Living Mobile Home Park; therefore, the proposed commercial center can be connected to the 8" sanitary sewer force main. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 500 gallons/day per acre is a reasonable guide for estimating the sewer impact for this commercial and industrial transition site. Q = 500 gallons/day/acre Q = 500 gpd x 19.02 acres Q = 9,510 gpd The proposed commercial center is estimated to add 9,510 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant (OWTP). A pump station will be designed and constructed by the Applicants with adequate capacity to direct effluent to the 8" sanitary sewer force main. The design capacity of the treatment plant is 8.4 million gallons per day, of which approximately 6.4 is currently being utilized. The total build -out of the proffered commercial land uses would require approximately 0.47 percent of the available capacity at the Opequon Wastewater Treatment Plant; therefore, adequate capacity is available for this development. WATER SUPPLY The 19.02±-acre subject property is located within the Route 11 North Sewer and Water Service Area (SWSA). There is an existing 10" water main located on the east side of Martinsburg Pike (Route 11) and a newly constructed 20" water main adjacent to the Winchester and' Western Railroad that is located approximately 1,000 feet to the west of the subject property. The Applicants are the owners of the adjacent Easy Living Mobile Home Park; therefore, the proposed commercial center can be connected to the 20" water main. File #0633 Impact Statement/EAW 6 Greenway Engineering September 15, 2006 *y Living Commercial Center Rezoning Revised March 21.2007 Based on existing water consumption patterns, Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysis for this commercial and industrial transition site. Q = 1000 gallons/day /acre Q = 1000gpd X 19.02 acres Q = 19,020 gpd The proposed uses will utilize an estimated 17,580 gallons of water per day. The Northern Water Treatment Plant provides 2.0 MGD of potable water from the Global Chemstone Quarry as one of the water sources contributing to the new 20-inch water main. The projected water -usage for the build -out of the proffered commercial land uses would require approximately 0.95 percent of the available water source; therefore, adequate capacity is available for this development. SITE DRAINAGE The topographic relief on 19.02±-acre subject property generally follows a south to north pattern, which directs drainage through a Swale in the central portion of tax map parcel 44B- ((1))-6. Drainage from the subject site flows to a man-made impoundment on the adjoining industrial property, which goes under Martinsburg Pike (U.S. Route 11) to Hot Run. The development of the 19.02±-acre area to create commercial land uses will increase the impervious area of the property and will increase the amount and rate of storm water flow. The development of a regional storm water management facility for the 19.02±-acre property will be delineated on the Master Development Plan for the Easy Living Commercial Center and will be designed in conjunction with the first development plan for this site. The regional storm water management facility will be designed to ensure that storm water drainage impacts to the adjoining property are mitigated. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4th edition). The following figures show the increase in average annual volume based on a maximum development of 120,000 square -feet of commercial land use: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. X 120 (1,000 sq. ft.) AAV = 648 cu. yd. at build -out, or 453.6 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The maximum development of the commercial center File #0633 Impact Statement/EAW 7 Greenway Engineering • September 15, 2006 9'sy Living Commercial Center Rezoning Revised March 21, 2007 will generate approximately 450 tons of solid waste aluivally on average. This represents a 0.22% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the Easy Living Commercial Center will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The 19.02±-acre subject property does not contain any structures that are deemed to be historically significant. The Frederick County Rural Landmarks Survey identifies one property to the north and one property to the southwest that contain structures that are potentially eligible for the state and national register of historic places. These sites are identified as Kenilworth (#34-113) to the north and Woodburn (#34-102) to the southwest. Both properties are located approximately 3/a-mile from the 19.02±-acre subject property and the potentially significant structures are not visible; therefore, the development of this property will not negatively impact these structures or their viewshed. The entire 17.58±- acre subject property is located within the identified core battlefield area of Second Winchester — Stephensons Depot. The National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this portion of the core battlefield area as "lost integrity" due to the extensive amount of development that has occurred over time. The undeveloped portion of the subject property is surrounded by residential land use including single-family detached dwellings and mobile homes; therefore, the development of commercial land use on the property will not compromise the integrity of this portion of the core battlefield area. OTHER IMPACTS The rezoning and commercial development of the 19.02±-acre subject property is not anticipated to negatively impact County services; however, it is recognized that the development of a commercial center has the potential of increased service demands on the Clearbrook Volunteer Fire and Rescue Company. The Applicant's Proffer Statement provides a monetary contribution of $12,000.00 for the potential fire and rescue service demands associated with this project. This monetary contribution directs $6,000.00 to the Clearbrook Volunteer Fire and Rescue Company and $6,000.00 to Frederick County for general fire and rescue services. No additional impacts to County capital facilities or services are anticipated by this commercial center development. File #0633 Impact Statement/EAW 8 Aerial Overview Map rv4 CD X , 44 . e 411 r �X .. �Vld t . p .: �� r t .....¢ ti. ,r r i t Z W r Z W m ;P1 Walters Q x N f`'... Mill 40 x n N 3 W b y d' G - UA t o SfN •, • a i in .✓ �(. r O w '^ W VJ U ^ , : U) J > Q Q Ui > !. z b I Qa > WVo J .Fr"J'�wbri1 z (?JC VJ O w jr i+ R �t r sr .,. , y �� � ; to • ,� •� -' fir\ . • �` ! W a U LU LU • Q o o Ra r W f , f- z 6� 123 Q Z � LL > O ;gym � Legend '• } z Q w N Q, Q Subject Parcels w O LLI z o 7 o OD v Feet w 0 cc LL L Parcel Boundaries U) N a 700 350 0 700 1,400 ��Sqa ij Q Q U • f i, Q ata Source: Frederick County, Va. GIS Department, 2006 Data I Micha ~ `ei Dr SWSA & UDA Map Hope , R t77L (J Ual Ln K-4 Brucetown Rd U) LLI 11J Q U Z Q pw 2i cn U Q Q Q � (DU C.6 Z cc: Q J >_ 0 QU w 7 - W qa I U o 11 a- Q z Q 0 I_J � LLJ o 4t 0 Q > co O od > Mo LLJ � � w Le end C7 c� o c � Fbe� %Y Q Subject Parcels ; Y m o o d Charles T i z Q CE- m own Rd Parcel Boundaries to w Q N Lu p ' � Feet Qa Sewer Water Service Area w I z CE o L ® Urban Development Area U) o 1,200 600 0 1,200 2,400 w w Cf) i Data Source: Frederick County, Va. GIS Department, 2006 Data % Environmental Features Map,�r Z � W d�S eos e Z A'/ ,� W LU d N n cv a i � Lil C � a G G -0 ¢ � W r 4 \ k S�� R aAJ U 0 LLJ cr LtJ �0' LU 11 O W ~Q / U) J LL \ Q Q J z CE z cy J W \ �,> 6 Q O cr j X LLl d e' W \ w ao CQ � Z G i CO �ber1 \ U) U o y`mF Ha p/a c. Ir w �e ar/es T w U COZ 0 � n Ra Le end \ Q w cc Qa' U� Qro > vs Q Subject Parcels \�� ; O Q M >- zo, � V 9 w F- o Parcel Boundaries cn z z Q w �_ w O C0 Lakes & Ponds Z z0 < Y ) Floodplain � > J U ° o $ a z Q Wetlands Q w w p `c w LIJ Feet Streams `L z zo cc:o-15 z o 500 250 0 500 1,000 5 ft. Contour tines o �' W c �Q Data Source: Frederick County, Va. GIs Department, 2006 Data Feet 500 250 0 500 1,000 c, C/) W w Q � 11 U Z OW a- cn U Q Q Q U) C'3 U � z O > cn �o QU } w 39B w / o Cr � m U o Q z U) u1 tl rn Legend c Q o % P� �2i Q>� Q Subject Parcels ° O w CO Parcel Boundaries co O� U) D w SODZ Z < U S U U U O a > Z Y z `- 14B, FREDERICK-POPLIMENTO LOAMS, 2 TO 7 PERCENT SLOPES J O J U M o W Q a: 14C, FREDERICK-POPLIMENTO LOAMS, 7 TO 15 PERCENT SLOPES < rL Lu w 7 z o c, CT w 17C, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 2 TO 15 PERCENT SLOPES O u- L LD 39B, SWIMLEY SILT LOAM, 2 TO 7 PERCENT SLOPES w LLJ J a a o p Data Source: Frederick County. Va. GIS Department, 2006 Data Map Data Source: Frederick County, Va. GIS Department, 2006 Data • A Traffic Impact Analysis of the Easy Living Associates Commercial Property Located in: Frederick County, Virginia Prepared for: Easy Living Associates 112 South Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors_ Planners. Landscape Architects. p Fnsburg Avenue, Suite 54][, �-}Martinsburg, West Virginia 25401 01 H_�A300 T 304.264.2711 F 304.264.367671 May 11, 2006 0 0 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Easy Living Associates Commercial Property located along the west side of Route 11 (Martinsburg Pike), north of the intersection of Route 11/Old Charles Town Road (Route 671), in Frederick County, Virginia. The proposed project is comprised of 45,000 square feet of retail, 35,000 square feet of office, 35,000 square feet of self-service storage, a 16 pump gas station (with convenience store) and a 5,000 square foot -fast food restaurant. Access will be provided along Route 11 via two site -driveways: 1) Primary - to be located north of the existing Easy Living Mobile Horne Park Site -Driveway, 2) Secondary - to be located along the existing Easy Living Mobile Home Park Site -Driveway. The proposed development will be built - out over a single transportation phase by the year 2008. Figure 1 is provided to illustrate the location of the proposed Easy Living Associates Commercial Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Easy Living Associates Commercial Property were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Easy Living Associates Commercial Property, • Distribution and assignment of the Easy Living Associates Commercial 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-2000, for existing and future conditions. P ][�� A Traffic ffic Impact Analysis of the Easy Living Associates Commercial Property Project Number: 14367-1-0 H May 11, 2006 Page 1 No Scale SITE Figure 1 Vicinity Map - Easy Living Associates Commercial Property 006 PH"A A Tragic Impact Analvsis of the Easv Living Associates Commercial Property Project Number: 14367-1-0 May11,2e2 Page 2 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11/Old Charles Town Road and Route 11/Easy Living Mobile Home Park Site -Driveway. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.4% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 3 shows the respective existing lane geometry and AM/PM peak hour HCS-2000 levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. P ]�A A Traf is Impact Analysis o the Easy Living Associates Coaiercial ProperProject Number: 14367-1-0 May 11, 2006 Page 3 No Scale 11 74(77 \ e� \ r� ti o6'e Vic/ Z 1� titi9�la � Bt2s) tib�r Old Charles Town Road 11 AM Peak Hour (PM Peak Hour) P + A V M M M, Figure 2 Existing Traffic Conditions p A Ti a�1rc I..oact Analysis of the Easy Living Associates Commercial Property Project Number: 14367-1-0 H May 11, 2006 Page 4 0 No Scale 11 ti o6le qc,� Unsignalized Intersecton P �LA1 Un esmiion A`Pl{ Intersection Old Charles Town Road 11 Denotes two-way left turn lane A * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service PH ��A Tragic Impact Anal sy is ofthe Easy Liviri�Associates Commercial Pr�ertProject Number: 14367-1-0 2006 Page 5 2008 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2004) for Route 11 (Martinsburg Pike) within the vicinity of the site, a growth rate of 3.2% was calculated. PHR+A, however, applied a conservative anrlual growth rate of four percent (4%) per year to the existing traffic volumes along Route 11 and Old Charles Town Road (shown in Figure 2) to obtain 2008 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 Generation Report, PHR+A has provided Tables 1 a and 1b to summarize the 2008 "other developments" trip generation. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 build - out lane geometry and levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. Table la Background Development: Adams Commercial Trip Generation Summary Code Land Use Amount AM Peak Hour PM Peak Hour ADT In Out Total In Out Total 150 Warehousing 120,000 SF 78 17 95 19 57 75 792 151 Self -Service Storage 140,000 SF 12 9 21 18 17 35 334 710 Office 120,000 SF 191 26 217 36 177 213 1,535 812 Building/Lumber Store 25,000 SF 44 21 65 59 67 126 1,024 860 Wholesale Market 150,000 SF 41 34 75 14 17 32 1,010 Total Tripsl 366 107 473 1 146 334 481 1 4695 Table lb Background Development: Stephenson Village (Phase 2) Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 858 units 153 458 610 477 268 745 8,580 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 531 units 49 86 135 112 63 175 2,124 253 Elderly Housing - Attach 144 units 6 4 10 8 6 14 501 820 Retail 50,000 SF 64 41 106 191 207 397 4,365 Total Trips 317 816 1,133 1,014 655 1,669 20,536 Total Internal 26 26 53 99 99 199 2,183 Total Pass -by 10 6 16 29 31 60 655 Total "New Trips" 281 784 1,065 886 525 1,411 17,699 PH" A Traffic Impact Analysis ofthe Easy Living�lssociaoje Commercial Property Project Number: 14367-1-0 May 11, Page 6 Page 6 No Scale 11 \ ti b i op,1�91 ; L �*ft q�3� ) 9��r► 66) p9I �`Oglti Old Charles Town Road 11 I A , M Peak Hour (PM Peak Hour) Figure 4 2008 Background Traffic Conditions PH A Traffic Impact Analysis oithe Easy Lininz Associates t N mber: 1 PropertProject Number: 14367-1-0 2006 Page 7 • 0 No Scale Unsignalized Intersection �'00� Unsignalized Intersection P� �.LP1 Old Charles T °Wn Road Signalized "suggested Intersection Improvements" 11 LOS=B(B) Signatintion NAB - I Right 1 Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 5 2008 Background Lane Geometry and Levels of Service A TraTic Impact Analysis of the Easy Living Associates Commercial Propertti PAProject Number: 14367-1-0 H May11,2e8 Page 8 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Easy Living Associates Commercial Property development. Table 2 Proposed Development: Easy Living Associates Commercial Property Trip Generation Summary Code Land Use Amount In AIM Peak Out Hour Total In PM Peak Hour Out Total ADT 151 Self -Service Storage 35,000 SF 3 2 5 4 4 8 82 710 Office 35,000 SF 71 10 81 20 98 118 594 820 Retail 45,000 SF 59 38 97 177 192 370 4,041 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 945 Gas Station w/ Mart 16 pumps 80 80 161 107 107 214 2,604 Total 349 260 610 1 399 484 883 9,803 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Easy Living Associates Commercial Property trips (Table 2) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour trips and ADT assignments. 2008 BUILD -OUT CONDITIONS The Easy Living Associates Commercial Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. ' Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. P ][, A Tra f is Impact Analysis of tl e L'asy Living Associates Com...ercial Proper, `-,I-1//�\1 Project Number: 14367-1-0 May 11,2006 e9 i Page 9 0 0 No Scale .9 Figure 6 PHR1� Trip Distribution Percentages A Traffic Impact Anal vs� is of the Easy Liming Associates Connnercial Property Project Number: 14367-1-0 May 11, 2006 Page 10 No Scale q 'Llob7� J e� o� eA ark 0di a� 0e 1 AND `1tiryo�� SI fe�r� G ` , �rq 40 � L 03l 11 Old Charles Town Road 11 AM Peak Hour (PM Peak Hour) TAT TP+A Figure 7 Development -Generated Trip Assignments A Traf is Impact Analysis of the Easy Living Associates Commercial Property PHP Project Number: 14367-1-0 May 11, 200 Page II No Scale ti 5l 11 rz81o9o�A Q Obi/e�f2ras6J o�L ask Srfe e#! r°6, ti - ENO may` trf 1 rz86 JJ8T t, .440 b 1� 1� --ft 16(30s)� oA� Old Charles Town Road 11 AM Peak Hour (PM Peak Hour) P, TJF?-4-n Figure 8 PHR1� 2008 Build -out Traffic Conditions A Traffic Impact Analysis of the Easy Living Associates Commercial Property Project Number: 14367-1-0 May 11, 2006 Page 12 • 0 No Scale 0.4 0A.., Unsignalized Intersection Unsignalized Intersection i P �9l# Unsignalized Intersection �I * --- Fes* Old Charles Town Road Signalized "suggested Intersection Improvements" LOS=B(C� Signativtion RB. 1 Right QG14' r Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) -a- Figure 9 2008 Build -out Lane Geometry and Levels of Service A Traffic bnpact Analysts of the Easy Living Associates Commercial Property PH] Project Number: 11,21 6 May 11, 2003 Page 13 • • CONCLUSION The traffic impacts associated with the build -out of the proposed Easy Living Associates Cominercial Property development are acceptable and manageable. All the study area intersections, except the intersection of Route 11/Old Charles Town Road, will maintain satisfactory levels of service "C" or better during 2008 build -out conditions. The intersection of Route 11/Charles Town Road will maintain unacceptable levels of service "F" during 2008 background and build -out conditions, suggesting minimal impact of the proposed development. Traffic signalization and one westbound right turn lane would be required at this intersection to achieve acceptable levels of service "C" or better. The following describes the suggested roadway configuration required for the study area intersections: • Route 11/Old Charles Town Road: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with a westbound right -turn lane during 2008 build -out conditions. • Route 11/Site Driveway #1: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with a northbound left -turn lane and separate eastbound left/right-turn lane during 2008 build -out conditions. • Route 11/Site Driveway #2: This unsignalized intersection will require a shared eastbound thru/right, a shared westbound left/thru and a shared nouhbound lefth-ight turn lane during 2008 build -out conditions. P ][" A Tragic Impact Analysis o0l e Easy Living Associates Conunercial Property Project Number: 14367-1-0 H_, May 11, 2006 Page 14 A Traffic Impact Analysis of the Easy Living Associates Commercial Property Located in: Frederick County, Virginia Prepared for: Easy Living Associates 112 South Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. p 300 FAvenue, Suite 0 Martinsburg, West Virginia 25401 H_,A T 304.264.271 1 F 304.264.3671 May 11, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Easy Living Associates Commercial Property located along the west side of Route 11 (Martinsburg Pike), north of the intersection of Route 11/Old Charles Town Road (Route 671), in Frederick County, Virginia. The proposed project is comprised of 45,000 square feet of retail, 35,000 square feet of office, 35,000 square feet of self-service storage, a 16 pump gas station (with convenience store) and a 5,000 square foot -fast food restaurant. Access will be provided along Route 11 via two site -driveways: 1) Primary - to be located north of the existing Easy Living Mobile Home Park Site -Driveway, 2) Secondary - to be located along the existing Easy Living Mobile Home Park Site -Driveway. The proposed development will be built - out over a single transportation phase by the year 2008. Figure 1 is provided to illustrate the location of the proposed Easy Living Associates Commercial Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Easy Living Associates Commercial Property were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Easy Living Associates Commercial Property, • Distribution and assigmnent of the Easy Living Associates Commercial 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-2000, for existing and future conditions. A Tra�c Impact Anah sis o the Easi Living Associates Commercial Property PAProject Number: 11,2 1 6HMay 11, 2006 Page 1 No Scale L r m 1 f1 SITE nT TP+A Figure 1 Vicinity Map - Easy Living Associates Commercial Property PH J� A Tra(Tc Impact Analysis of the Easy Living Associates Commercial Property J Project Number: 14367-1-0 2006 Page 2 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11/Old Charles Town Road and Route 11/Easy Living Mobile Home Park Site -Driveway. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.4% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 3 shows the respective existing lane geometry and AM/PM peak hour HCS-2000 levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. P A Tragic Impact Analysis o(ihe Easy LivingAssociales Commercial Property Project Number: 14367-1-0 H May 11, 2006 Page 3 T No Scale -I- Figure 2 PHR1� AM Peak Hour (PM Peak Hour) Existing Traffic Conditions A Tragic Impact Analysis of the Lase Lining Associates Commercial Property Project Number: 143 67-1-0 May 11, 2006 Page 4 T No Scale 4- Figure 3 PHR1� P :ALP, Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Existing Lane Geometry and Levels of Service A Traffic Impact Anahsis of the Easv Livinz Associates Commercial Properh� Project Number: 14367-1-0 May 11, 2006 Page 5 2008 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2004) for Route 11 (Martinsburg Pike) within the vicinity of the site, a growth rate of 3.2% was calculated. PHR+A, however, applied a conservative annual growth rate of four percent (4%) per year to the existing traffic volumes along Route 11 and Old Charles Town Road (shown in Figure 2) to obtain 2008 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 Generation Report, PHR+A has provided Tables la and lb to summarize the 2008 "other developments" trip generation. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 build - out lane geometry and levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. Table la Background Development: Adams Commercial Trin Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 150 Warehousing 120,000 SF 78 17 95 19 57 75 792 151 Self -Service Storage 140,000 SF 12 9 21 18 17 35 334 710 Office 120,000 SF 191 26 217 36 177 213 1,535 812 Building/Lumber Store 25,000 SF 44 21 65 59 67 126 1,024 860 Wholesale Market 150,000 SF 41 34 75 14 17 32 1,010 Total Tripsi 366 107 473 1 146 334 481 4695 Table lb Background Development: Stephenson Village (Phase 2) Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 858 units 153 458 610 477 268 745 8,580 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 531 units 49 86 135 112 63 175 2,124 253 Elderly Housing - Attach 144 units 6 4 10 8 6 14 501 820 Retail 50,000 SF 64 41 106 191 207 397 4,365 Total Trips 317 816 1,133 1,014 655 1,669 20,536 Total Internal 26 26 53 99 99 199 2,183 Total Pass -by 10 6 16 29 31 60 655 Total "New Trips" 281 784 1,065 886 525 1,411 17,699 PH A Tra�fc bnpnc! Anah sis o the Easy LlV(I7Q Associates t Num rcial 367-1 0Project Number: 14367-1-0 May1I,2e6 Page 6 T No Scale AM Peak Hour (PM Peak Hour) Figure 4 2008 Background Traffic Conditions A Traffic Impact Analysis o the Easy LivingAssociales Commercial Property p J� Project Number: 14367-1-0 H May 11, 2006 age Page 7 7 T No Scale -I- P`Glx Unsignalized Intersection Old Charles T olvn Road Signalized I "Suggested Intersection Improvements" 11 LOS=B(B) Signalization N8B - 1 Right l 11 Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 5 2008 Background Lane Geometry and Levels of Service A Tra[fc Intpncl Artahuis of the East Living Associnles Conm:ercial Properly PH][1,+ Project Number: 14367-1-0 May 11, 2006 Page 8 u TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Thip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Easy Living Associates Commercial Property development. Table 2 Proposed Development: Easy Living Associates Commercial Property Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 151 Self -Service Storage 35,000 SF 3 2 5 4 4 8 82 -10 Office 35,000 SF 71 10 81 20 98 118 594 S220 Retail 45,000 SF 59 38 97 177 192 370 4,041 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 o.! Gas Station w/ Mart 16 pumps 80 80 161 107 107 214 2,604 Total 349 260 610 1 399 484 883 9,803 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Easy Living Associates Conunercial Property trips (Table 2) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour trips and ADT assigiunents. 2008 BUILD -OUT CONDITIONS The Easy Living Associates Conunercial Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. P��RI� A Trartc Impact Anatysis of the Easv Living Associates Commercial Propert Project Number: 14367-1-0 May 11, 2006 Page 9 T No Scale Figure 6 Trip Distribution Percentages P A Tra,(,c Impact Anal �s� is o%the Easy Liming Associales Commercial Property Project Number: 14367-1-0 HRA May11, 2010Page 10 T No Scale i� 4Z(4g) AM Peak Hour (PM Peak Hour) Figure 7 Development -Generated Trip Assignments A T,,a[ic Impact Analysis of the Easy Living Associates Commercial Property PJ� Project Number: 14367-1-0 H May 11, 2006 Page 11 T No Scale -I- Figure 8 11 -, "'�, �ZP6 4 ��OGii�I2(45�J 0 Old Charles T°w n ROad AM Peak Hour (PM Peak Hour) 2008 Build -out Traffic Conditions A Ti,aAnalysis o the Eas,, Living, CoConunercial Proper', Analysis o the Eas,, Living, Associales Commercial Property, p 0 Project NumUer: 11, 2 1 6 H May 1 ], 2006 Page 12 T No Scale -I- Oh, Unsignalized Intersection Unsignalized� Intersection P �gl n rzed Intesection �p(p)440 - � Signalized "Suggested Intersection Improvements" LOS=B(C) Signalization wB - 1 Right ~ C(C) Old Chart - G, e� Signalized Intersection rC�cI LOS=B(C) Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 9 2008 Build -out Lane Geometry and Levels of Service A Tra(tc Impact Analysis o the Easy Living Associates Commercial Propero p J� Project Number: 14367-1-0 H May 11, 20 Page 13 13 CONCLUSION The traffic impacts associated with the build -out of the proposed Easy Living Associates Commercial Property development are acceptable and manageable. All the study area intersections, except the intersection of Route 11/Old Charles Town Road, will maintain ' satisfactory levels of service "C" or better during 2008 build -out conditions. The intersection of Route 11/Charles Town Road will maintain unacceptable levels of service "F" during 2008 background and build -out conditions, suggesting minimal impact of the proposed development. Traffic signalization and one westbound right turn lane would be required at this intersection to achieve acceptable levels of service "C" or better. The following ' describes the suggested roadway configuration required for the study area intersections: • Route 11/Old Charles Town Road: In order to achieve acceptable levels of service, I I this intersection will require traffic signalization along with a westbound right -turn lane during 2008 build -out conditions. ' Route ll/Site Driveway #1: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with a northbound left -turn lane and separate eastbound left/right-turn lane during 2008 build -out conditions. • Route 11/Site Driveway This unsignalized intersection will require a shared eastbound thru/right, a shared westbound left/thru and a shared southbound left/right turn lane during 2008 build -out conditions. PAA TraEic Impact Ana( s� is o the Easy Living Associates t Numb r: 143 7-1-0 Project Number: 14367-1-0 H May 11, 2006 Page 14 APPENDIX 11 11 HCS-2000 Worksheets 11 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 31212006 Analysis Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction Analysis Year 2006 Existing Conditions Project Description Easy Living Associates Commercial Propetty East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 116 0 33 229 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 123 1 0 35 1 243 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 38 0 74 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 40 1 0 1 78 0 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 35 118 C (m)(vph) 1464 1404 We 0.02 0.08 95% queue length 0.07 0.27 Control Delay 7.5 9.9 LOS A A Approach Delay -- -- 9.9 pproach LOS -- -- A Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Version 4.1d 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 31212006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction nalysis Year 2006 Existing Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 267 36 42 122 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 284 1 38 44 129 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 1 0 Configuration T R L T Upstream Si nal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 25 0 77 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 26 1 0 1 81 0 1 0 1 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 44 107 C (m)(vph) 1238 997 v/c 0.04 0.11 95% queue length 0.11 0.36 Control Delay 8.0 10.6 LOS A B pproach Delay -- -- 10.6 pproach LOS -- -- B Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period AM Peak Hour Intersection Rt 11 & Mobil Home Park Jurisdiction nalysis Year 2006 Existing Conditions Project Description Easy Living Associates Commercial Propetty East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 181 0 0 241 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 9 192 0 0 256 3 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 0 0 0 8 0 21 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 0 8 0 1 22 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I I LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 9 30 C (m) (vph) 1306 729 v/c 0.01 0.04 95% queue length 0.02 0.13 Control Delay 7.8 10.2 LOS A 8 pproach Delay -- -- 10.2 [Approach LOS -- -- 8 Rights Reserved ' HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id Version 4.1d 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2006 Existing Conditions Analysis Time Period PM Peak Hour Project Description Easy Living Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 37 307 0 0 149 8 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 39 1 326 0 0 1 158 1 8 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 13 0 15 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 1 0 13 1 0 1 15 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I I LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 39 28 C (m) (vph) 1412 686 v/c 0.03 0.04 95% queue length 0.09 0.13 Control Delay 7.6 10.5 LOS A B pproach Delay -- -- 10.5 Approach LOS -- -- B Rights Reserved TICS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 I 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd urisdiction nalysis Year 2008 Background Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 319 149 147 304 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 339 158 156 1 323 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 456 0 398 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 485 0 423 0 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 156 908 C(m)(vph) 1067 466 v/c 0.15 1.95 95% queue length 0.51 60.85 Control Delay 9.0 454.9 LOS A F pproach Delay -- -- 454.9 pproach LOS -- -- F Rights Reserved ' HCS2000TM Copyright © 2003 University or Florida, All Rights Reserved Version 4.1d Version 4.1d 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY 3eneral Information Inalysis ite Information analyst PHR+A tersection Rt 11 & Charles Town Rd kgency/Co. PHR+A urisdiction )ate Performed 3/2/2006 Year 2008 Background Conditions Analysis Time Period PM Peak Hour Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 366 509 396 309 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 389 541 421 328 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 305 0 284 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 324 0 302 0 1 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 421 626 C (m)(vph) 736 181 v/c 0.57 3.46 95% queue length 3.67 59.57 Control Delay 16.2 1159 LOS C F pproach Delay -- -- 1159 [Approach LOS -- -- F Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 HCS2000'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Background Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N� 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 456 1398 1319 149 147 304 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 10.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 11.000 11.000 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 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 1 1 0 0 0 0 0 Min. time for pedestrians, G 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= 8.0 G= 35.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 485 423 339 159 156 323 Lane group capacity, c 625 819 731 1322 452 898 v/c ratio, X 0.78 0.52 0.46 0.12 0.35 0.36 Total green ratio, g/C 0.35 0.52 10.41 0.84 0.51 0.51 Uniform delay, d, 24.5 13.5 18.2 1.3 12.3 12.7 Progression factor, PF 1.000 1.000 1.000 11.000 1.000 11.000 5/11/2006 Delay calibration, k 0.33 0.12 0.11 0.11 0.11 0.11 Incremental delay, d2 6.1 0.6 0.5 0.0 0.5 0.2 Initial queue delay, d3 Control delay 30.6 14.1 18.6 1.3 12.8 12.9 Lane group LOS C B B A B B Approach delay 22.9 13.1 12.9 Approach LOS C B B Intersection delay 17.8 XC = 0.70 Intersection LOS B HCS2000T"" Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 1 5/11/2006 11 HCS2000T. DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Background Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N� 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 305 284 366 509 396 309 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 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 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 24.0 G= G= G= G= 15.0 G= 34.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 324 302 389 541 421 329 Lane group capacity, c 500 838 710 1192 544 1024 v/c ratio, X 0.65 0.36 10.55 0.45 10.77 0.32 Total green ratio, g/C 0.28 0.53 0.40 0.75 0.58 0.58 Uniform delay, di 26.8 11.6 19.6 3.9 12.0 9.4 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 5/11/2006 r U 11 Delay calibration, k 0.23 0.11 0.15 0.11 0.32 0.11 Incremental delay, d2 2.9 0.3 0.9 0.3 6.9 0.2 Initial queue delay, d3 Control delay 29.7 11.9 20.5 4.2 18.9 9.5 Lane group LOS C B C A B A Approach delay 21.1 11.0 14.8 Approach LOS C B B Intersection delay 15.0 X� = 0.73 Intersection LOS B HCS2000TIt Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Background Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 708 0 0 430 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 9 1 753 0 1 0 1 457 1 3 Percent Heavy Vehicles 2 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 8 0 21 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 0 8 1 0 1 22 Percent Heavy Vehicles 4 0 4 2 0 1 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 9 30 C (m) (vph) 1101 492 v/c 0.01 0.06 95% queue length 0.02 0.19 Control Delay 8.3 12.8 LOS A B Approach Delay -- -- 12.8 pproach LOS -- -- B Rights Reserved IICS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Mobil Home Park Jurisdiction nalysis Year 2008 Background Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 37 614 0 0 690 8 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 39 1 653 0 0 734 8 Percent Heavy Vehicles 2 -- — 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 13 0 15 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 13 10 15 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 39 28 C (m) (vph) 865 335 v/c 0.05 0.08 95% queue length 0.14 0.27 Control Delay 9.4 16.7 LOS A C pproach Delay -- -- 16.7 pproach LOS -- -- C Rights Reserved HCS2000TM Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction Analysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 504 149 178 442 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 536 158 189 1 470 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 456 0 440 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 485 1 0 468 0 1 0 1 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 189 953 C (m) (vph) 901 338 v/c 0.21 2.82 95% queue length 0.79 81.27 Control Delay 10.1 850.6 LOS B F Approach Delay -- -- 850.6 [Approach LOS -- -- F Rights Reserved HCS2000TM Copyright (02003 University of Florida, All Rights Reserved Version 4.1d Version 4.Id 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction Analysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 578 509 454 566 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 614 1 541 482 1 602 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 305 0 332 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 324 1 0 353 0 1 0 10 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 482 677 C (m) (vph) 605 64 v/c 0.80 10.58 95% queue length 7.80 79.81 Control Delay 30.2 4433 LOS D F Delay -- -- 4433 Vpproach pproach LOS -- -- F Rights Reserved I-ICS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 u 11 11 I 11 1 HCS2000'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N� 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 456 1440 504 149 178 442 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 1.000 Initial unmet demand, Qb 0.0 10.0 1 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 30.0 G= G= G= G= 8.0 G= 35.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH I RT LT TH RT LT I TH RT LT TH RT Adjusted flow rate, v 485 468 536 159 189 470 Lane group capacity, c 625 819 731 1322 307 898 v/c ratio, X 0.78 0.57 0.73 0.12 0.62 0.52 Total green ratio, g/C 0.35 0.52 0.41 0.84 0.51 0.51 Uniform delay, d1 24.5 14.0 21.1 1.3 15.0 14.1 Progression factor, PF 1.000 1 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0,33 0.17 0.29 0.11 0.20 10.13 5/11/2006 Incremental delay, d2 6.1 1.0 3.8 0.0 3.7 0.6 Initial queue delay, d3 Control delay 30.6 15.0 24.9 1.3 18.7 14.7 Lane group LOS C B C A B B Approach delay 23.0 19.5 15.8 Approach LOS C B B Intersection delay 19.9 XC = 0.85 Intersection LOS B HCS 000TNt Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 1 5/11/2006 11 'J n HCS2000' DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. 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 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 305 1332 1578 509 454 566 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 10.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, li 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 11.000 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 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N N N 0 N N 0 N N 0 N Parking maneuvers, N. Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 19.0 G= G= G= G= 20.0 G= 34.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 324 353 615 541 483 602 Lane group capacity, c 396 838 710 1099 504 1128 v/c ratio, X 0.82 0.42 0.87 0.49 0.96 0.53 Total green ratio, g/C 0.22 0.53 0.40 0.69 0.64 0.64 Uniform delay, d, 31.4 12.1 23.4 6.0 24.0 8.6 Progression factor, PF 1.000 1.000 1.000 1.000 11.000 1.000 Delay calibration, k 0.36 0.11 0.40 0.11 0.47 0.14 5/11/2006 Incremental delay, d2 12.7 0.3 11.0 0.3 29.7 1 0.5 Initial queue delay, d3 Control delay 44.0 12.5 34.4 6.4 53.7 9.0 Lane group LOS D 8 C A D A Approach delay 27.6 21.3 28.9 Approach LOS C C C Intersection delay 25.6 XC = 0.97 Intersection LOS C HCS?OOOT"t Copyright © 2000 University of Florida, AII.Rights Reserved Version 4.1 e 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Build -out Conditions nal sis Time Period AM Peak Hour Project Description EasyLiving Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 30 915 0 0 584 5 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 31 1 973 0 0 621 5 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 9 0 37 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 1 0 9 1 0 1 39 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 31 48 C(m)(vph) 956 402 v/c 0.03 0.12 95% queue length 0.10 0.40 Control Delay 8.9 15.2 LOS A C Approach Delay -- -- 15.2 Approach LOS -- -- C Rights Reserved HCS2000TM Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 I I 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Mobil Home Park Jurisdiction Analysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 61 849 0 0 976 10 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 64 1 903 1 0 0 1 1038 1 10 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 15 0 44 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 0 15 0 1 46 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 64 61 C (m) (vph) 664 242 v/c 0.10 0.25 95% queue length 0.32 0.97 Control Delay 11.0 24.8 LOS B C Approach Delay -- -- 24.8 pproach LOS -- -- C Rights Reserved IICS2000"M Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d Version 4.1d 1 5/11/2006 HCS2000'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period AM Peak Hour Intersection Rt 11 & Site Drive #1 Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Project ID Easy Living Associates Commercial Property 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 0 1 0 0 0 1 1 0 0 1 0 Lane group L R L T TR Volume, V (vph) 90 154 206 718 435 121 % Heavy vehicles, %HV 2 2 2 7 7 2 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 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 11.000 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 0 Lane width 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 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 13.2 Phasing EB Only 02 03 04 NB Only NS Perm 07 08 Timing G= 19.0 G= G= G= G= 8.0 G= 51.0 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 96 164 219 764 592 Lane group capacity, c 374 580 478 1164 987 v/c ratio, X 0.26 10.28 0.46 0.66 0.60 Total green ratio, g/C. 0.21 0.37 0.66 0.66 0.57 Uniform delay, d, 29.6 20.1 8.0 9.4 12.8 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.11 0.11 0.11 0.23 0.19 5/11/2006 Incremental delay, dZ 0.4 0.3 0.7 1.4 1.0 Initial queue delay, d3 Control delay 30.0 20.4 8.7 10.7 13.8 Lane group LOS C C A B B Approach delay 23.9 10.3 13.8 Approach LOS C B B Intersection delay 13.4 XC = 0.56 Intersection LOS B HCS2000T't Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 1 5/11/2006 HCS2000`M DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period PM Peak Hour Intersection Rt 11 & Site Drive #1 Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Project ID Easy Living Associates Commercial Property Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N1 1 0 1 0 0 0 1 1 0 0 1 0 Lane group L R L T TR Volume, V (vph) 167 286 235 629 700 138 % Heavy vehicles, %HV 2 2 2 7 7 2 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, li 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 1 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 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 10 0 Lane width 12.0 12.0 1 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing EB Only 02 03 04 NB Only NS Perm 07 08 Timing G= 19.0 JG= G= G= G= 8.0 G= 51.0 G= G= Y= 6 1 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 178 304 250 669 892 Lane group capacity, c 374 580 359 1164 992 v/c ratio, X 0.48 10.52 10.70 0.57 0.90 Total green ratio, g/C 0.21 0.37 0.66 0.66 0.57 Uniform delay, di 31.1 22.3 10.6 8.6 17.2 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.11 0.13 0.26 0.17 0.42 5/11/2006 Incremental delay, d2 1.0 0.9 5.8 1 0.7 11.0 Initial queue delay, d3 Control delay 32.1 23.2 16.4 9.3 28.2 Lane group LOS C C 8 A C Approach delay 26.5 11.2 28.2 Approach LOS C 8 C Intersection delay 21.0 Xc = 0.75 Intersection LOS C HCS2000T�t Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Site Drive #2 & Mobil Home Agency/Co. PHR+A Pk Date Performed 3/2/2006 Jurisdiction nalysis Time Period AM Peak Hour nalysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Property East/West Street: Mobil Home Park North/South Street: Site Drive #2 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 0 0 0 17 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 18 1 0 1 0 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LTR LR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 12 23 0 25 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 12 24 0 26 0 Percent Heavy Vehicles 4 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 1 1 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT v (vph) 18 36 26 C (m) (vph) 1623 992 847 v/c 0.01 0.04 0.03 95% queue length 0.03 0.11 0.09 Control Delay 7.2 8.8 9.4 LOS A A A Approach Delay -- -- 8.8 9.4 pproach LOS -- -- A A Rights Reserved HCS2000TM Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 nalysis Time Period PM Peak Hour Intersection Site Drive #2 & Mobil Home Pk Jurisdiction nalysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Property East/West Street: Mobil Home Park North/South Street: Site Drive #2 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 0 0 0 31 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 0 32 1 0 1 0 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LTR LR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 45 26 0 28 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 47 1 27 0 29 1 0 Percent Heavy Vehicles 4 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 1 1 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT Delay. Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT (vph) 32 74 29 C (m)(vph) 1623 893 811 Vic 0.02 0.08 0.04 95% queue length 0.06 0.27 0.11 Control Delay 7.3 9.4 9.6 LOS A A A pproach Delay -- -- 9.4 9.6 pproach LOS -- -- A A ' Rights Reserved HCS2000TM Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d Version 4.1d 1 5/11/2006 11 11 Traffic Counts F Intersection: E--W: ROUTE 761 N-S: ROUTE I 1 Location Wcathcr DRY File Name I Count By 1JP Input By JJP Count Date 1/23/2006 ' 15 Minute EB: WB: ROUTE 761 NB: ROUTE 11 SB: ROUTE 11 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thnr Right Total Left Thru Right Total Lett Thru Right Total E & W Begining ' 7:00 0 0 0 0 9 0 11 20 0 19 0 19 3 42 0 45 84 7:00 7:15 0 0 0 0 7 0 17 24 0 22 0 22 5 44 0 49 95 7:15 7:30 0 0 0 0 11 0 14 25 0 25 0 25 4 48 0 52 102 7:30 7:45 0 0 0 0 12 0 18 30 0 30 0 30 7 53 0 60 120 7:45 ' 8:00 0 0 0 0 14 0 21 35 0 31 0 31 6 55 0 61 127 8:00 8:15 0 0 0 0 5 0 17 22 0 29 0 29 9 63 0 72 123 8:15 8:30 0 0 0 0 7 0 18 25 0 26 0 26 11 58 0 69 120 8:30 8:45 0 0 0 0 8 0 21 29 0 30 0 30 8 53 0 61 120 8:45 A.M. Total 0 0 0 0 73 0 137 210 0 212 0 212 53 416 0 469 89] A.M. Total 16:00 0 0 0 0 7 0 22 29 0 58 7 65 7 35 0 42 136 16:00 16:15 0 0 0 0 6 0 23 29 0 62 5 67 8 34 0 42 138 16:15 ' 16:30 0 0 0 0 6 0 21 27 0 63 6 69 9 32 0 41 137 16:30 16:45 0 0 0 0 5 0 23 28 0 62 7 69 8 27 0 35 132 16:45 17:00 0 0 0 0 8 0 19 27 0 69 9 78 11 33 0 44 149 17:00 17:15 0 0 0 0 6 0 14 20 0 73 14 87 14 30 0 44 151 17:15 ' 17:30 0 0 0 0 3 0 16 19 0 66 8 74 11 27 0 38 131 17:30 17:45 0 0 0 0 4 0 12 16 0 54 6 60 8 28 0 36 112 17:45 P.M. Total 0 0 0 0 45 0 150 195 0 507 62 569 76 246 0 322 1086F P.M. Total 1 Hour EB: WB: ROUTE 761 NB: ROUTE 11 SB: ROUTE 11 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 0 0 0 0 39 0 60 99 0 96 0 96 19 187 0 206 401 7:00 7:15 0 0 0 0 44 0 70 114 0 108 0 108 22 200 0 222 444 7:15 7:30 0 0 0 0 42 0 70 112 0 115 0 115 26 219 0 245 472 7:30 7:45 0 0 0 0 38 0 74 112 0 116 0 116 33 229 0 262 490 7:45 8:00 0 0 0 0 34 0 77 111 0 116 0 116 34 229 0 263 490 8:00 16:00 0 0 0 0 24 0 89 113 0 245 25 270 32 128 0 160 543 16:00 16:15 0 0 0 0 25 0 86 111 0 256 27 283 36 126 0 162 556 16:15 16:30 0 0 0 0 25 0 77 102 0 267 36 303 42 122 0 164 569 16:30 ' 16:45 0 0 0 0 22 0 72 94 0 270 38 308 44 117 0 161 563 16:45 17:00 0 0 0 0 21 0 61 82 0 262 37 299 44 118 0 162 543 17:00 1 Hour EB: WB: ROUTE 761 NB: ROUTE 1 1 SB: ROUTE 11 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 7:45 0 0 0 0 38 0 74 112 0 116 0 116 33 229 0 262 490 7:45 A.M. Peak PHF = PHF = 0.80 PHF = 0.94 PI -IF = 0.91 0.96 A.M. Peak 16:30 0 0 0 0 25 0 77 102 0 267 36 303 42 122 0 164 569 1 16:30 P.M. Peak PHF = PHF = 0.91 1 PHF = 0.87 PI -IF = 0.93 0.94 11E.M. Peak ' Intersection: E-W: Mobile Home Park N-S: ROUTE I I Location Weather DRY File Name Count By HK Input By I-IK Count Date 1/23/2006 t15 Minute EB: Mobile Home Park WB: NB: ROUTE 1 I SB: ROUTE 1 I 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 1 3 4 0 3 3 0 0 7 7:00 7:15 1 1 2 0 2 2 0 0 4 7:15 7:30 0 2 2 0 0 0 0 0 2 7:30 7:45 3 8 11 0 3 3 0 0 14 7:45 ' 8:00 2 5 7 0 1 1 2 2 10 8:00 8:15 1 5 6 0 4 4 1 1 11 8:15 8:30 2 3 5 0 1 1 0 0 6 8:30 1 4 5 0 1 1 0 0 1 6 11 8:45 '8:45 A.M. Total 11 0 31 42 1 0 0 0 0 15 0 0 15 0 0 3 3 60 A.M. Total 16:00 1 4 0 8 8 0 0 12 16:00 16:15 1 2 3 0 6 6 1 1 10 16:15 ' 16:30 2 2 4 0 9 9 2 2 15 16:30 16:45 5 3 8 0 6 6 2 2 16 16:45 17:00 3 4 7 0 10 10 3 3 20 17:00 17:15 3 6 9 0 12 12 1 1 22 17:15 17:30 0 3 3 0 8 8 0 0 11 17:30 17:45 4 4 8 0 1 4 4 1 1 13 17:45 P.M. Total 21 0 25 46 0 0 0 0 63 0 0 63 0 0 10 10 119 P.M. Total 1 Hour EB: WB: ROUTE 761 NB: ROUTE I 1 SB: ROUTE 11 I Hour Period N,S, Period Begining Left Thru Right Total Left Tltru Right Total Left Thru Right Total Left Thru Right Total E & W Begining ' 7:00 5 0 14 19 0 0 0 0 8 0 0 8 0 0 0 0 27 7:00 7:15 6 0 16 22 0 0 0 0 6 0 0 6 0 0 2 2 30 7:15 7:30 6 0 20 26 0 0 0 0 8 0 0 8 0 0 3 3 37 7:30 7:45 8 0 21 29 0 0 0 0 9 0 0 9 0 0 3 3 41 7:45 8:00 6 0 17 23 0 0 0 0 7 0 0 7 0 0 3 3 33 8:00 16:00 11 0 8 19 0 0 0 0 29 0 0 29 0 0 5 5 53 16:00 16:15 11 0 11 22 0 0 0 0 31 0 0 31 0 0 8 8 61 16:15 16:30 13 0 15 28 0 0 0 0 37 0 0 37 0 0 8 8 73 16:30 16:45 11 0 16 27 0 0 0 0 36 0 0 36 0 0 6 6 69 16:45 17:00 10 0 17 27 0 0 0 0 34 0 0 34 0 0 5 5 66 17:00 I Hour EB: WB: ROUTE 761 NB: ROUTE 1 1 SB: ROUTE 1 1 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 7:45 8 0 21 29 0 0 0 0 9 0 0 9 0 0 3 3 41 7:45 A.M. Pcxk PHF = 0.66 PIIF = PHF = 0.56 PI -IF = 0.38 0.73 A.M. Peak 16:30 13 0 15 28 0 0 0 0 37 0 0 37 0 0 8 8 73 16:30 P.M. Peak PHF = 0.78 1 PHF I PHF = 0.77 1 PHF = 0.67 0.83 P.M. Peak n A Traffic Impact Analysis of the Easy Living Associates Commercial Property Located in: Frederick County, Virginia Prepared for: Easy Living Associates 112 South Cameron Street Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. p][�A 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 H T 304.264.2711 F 304.264.3671 May 11, 2006 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Easy Living Associates Commercial Property located along the west side of Route 11 (Martinsburg Pike), north of the intersection of Route 11/Old Charles Town Road (Route 671), in Frederick County, Virginia. The proposed project is comprised of 45,000 square feet of retail, 35,000 square feet of office, 35,000 square feet of self-service storage, a 16 pump gas station (with convenience store) and a 5,000 square foot -fast food restaurant. Access will be provided along Route 11 via two site -driveways: 1) Primary - to be located north of the existing Easy Living Mobile Home Park Site -Driveway, 2) Secondary - to be located along the existing Easy Living Mobile Home Park Site -Driveway. The proposed development will be built - out over a single transportation phase by the year 2008. Figure 1 is provided to illustrate the location of the proposed Easy Living Associates Commercial Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Easy Living Associates Commercial Property were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Easy Living Associates Commmercial Property, • Distribution and assignment of the Easy Living Associates Commercial 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-2000, for existing and future conditions. A Traffic Impact Anal �s2 is of the Easv Liming Associates Commercial Propert) PHPProject Number: 11,2 1 6 May 11, 200I Page 1 1 1 1 1 1 No Scale 4` y' r .'r r 11 SITE Q�e 11 "'"-s r ,•; �zd D TD T A Figure 1 Vicinity Map - Easy Living Associates Commercial Property PHRA A Traffic Impact Analysis of the Easy Living Associates Commercial Property Project Number: 14367-1-0 May 11, 2006 Page 2 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Route 11/Old Charles Town Road and Route 11/Easy Living Mobile Home Park Site -Driveway. ADT (Average Daily Traffic) was established along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.4% based on the published Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area roadway network. Figure 3 shows the respective existing lane geometry and AM/PM peak hour HCS-2000 levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PHAA Ti n c I» .pad Anal s1 is of the Easy Living Associates t N m ber: 1 367-1-0 Project Number: 14367-1-0 May 11, 2006 Page 3 No Scale 11 �drf �r o�o�dr df (lS13Ia�� lb, 74(77 t� 8(zs) ) \ �ti � Old Charles Town Road 11 AM Peak Hour (PM Peak Hour) Figure 2 Existing Traffic Conditions A TraTic Impact Analysis o the Easy Living Associates Cannrercial Property PHP Project Number: 11,2 1 6 May 11, Page 4 Page 4 No Scale Unsignaliz 0 P`Pl Intersectioned 11 Old Charles Town Road Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 3 Existing Lane Geometry and Levels of Service p ] A Tra�c Impact Analysis o the Gas,, Living Associates Commercial Properh Project Number: 14367-1-0 H_� May 11, 2006 Page 5 2008 BACKGROUND CONDITIONS Based upon the VDOT (Virginia Department of Transportation) historical average daily traffic data (between years 2001 and 2004) for Route 11 (Martinsburg Pike) within the vicinity of the site, a growth rate of 3.2% was calculated. PHR+A, however, applied a conservative amlual growth rate of four percent (4%) per year to the existing traffic volumes along Route 11 and Old Charles Town Road (shown in Figure 2) to obtain 2008 base conditions. Additionally, PHR+A included specific future developments located within the vicinity of the proposed site. Using the 7t" Edition of the hlstitute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Tables la and lb to summarize the 2008 "other developments" trip generation. Figure 4 shows the 2008 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 5 shows the corresponding 2008 build - out lane geometry and levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. Table la Background Development: Adams Commercial Trin Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 150 Warehousing 120,000 SF 78 17 95 19 57 75 792 151 Self -Service Storage 140,000 SF 12 9 21 18 17 35 334 710 office 120,000 SF 191 26 217 36 177 213 1,535 812 BuildinaLumber Store 25,000 SF 44 21 65 59 67 126 1,024 860 Wholesale Market 150,000 SF 41 34 75 14 17 32 1,010 Total Tripsl 366 107 473 146 334 481 4695 Table lb Background Development: Stephenson Village (Phase 2) TriD Generation Summa Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 210 Single -Family Detached 858 units 153 458 610 477 268 745 8,580 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 531 units 49 86 135 112 63 175 2,124 253 Elderly Housing - Attach 144 units 6 4 10 8 6 14 501 820 Retail 50,000 SF 64 41 106 191 207 397 4,365 Total Trips 317 816 1,133 1,014 655 1,669 20,536 Total Internal 26 26 53 99 99 199 2,183 Total Pass -by 10 6 16 29 31 60 655 Total "New Trips" 281 784 1,065 886 525 1,411 17,699 A Traffic Impact Analysis oithe Easy Living Associates Commercial Properfl, PH Project Number: 14367-1-0 May]1,2e6 Page 6 No Scale -E- AM Peak Hour (PM Peak Hour) Figure 4 2008 Background Traffic Conditions p ][, A Ti•aj�c Impact Analysis of,he Easy Lining Associates Conanercial Proper, ���lll Project Number: 14367-1-0 H May ]1,2 Page7e 7 No Scale p'LGI� Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 5 2008 Background Lane Geometry and Levels of Service P][--'-+AA Ti n(fc hnpact Analysis ofthe Easy Living Associats t Numb r1 Property Project Number: 4367-1-0 H May 11, 2006 Page 8 u TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Triip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Easy Living Associates Commercial Property development. Table 2 Proposed Development: Easy Living Associates Commercial Property Trip Generation Summary Code Land Use Amount In AM Peak Hour Out Total In PM Peak Hour Out Total ADT 151 Self-Sen•ice Storage 35,000 SF 3 2 5 4 4 8 82 710 Office 35,000 SF 71 10 81 20 98 118 594 820 Retail 45,000 SF 59 38 97 177 192 370 4,041 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 945 Gas Station w/ Mart 16 pumps 80 8o 161 107 107 214 2,604 Total 349 260 610 399 484 883 9,803 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Easy Living Associates Commercial Property trips (Table 2) throughout the study area roadway network. Figure 7 shows the development -generated AM/PM peak hour trips and ADT assignments. 2008 BUILD -OUT CONDITIONS The Easy Living Associates Commercial Property assigned trips (Figure 7) were added to the 2008 background traffic volumes (Figure 4) to obtain 2008 build -out conditions. Figure 8 shows the 2008 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area network. Figure 9 shows the respective 2008 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. PH R+A A Traf is Impact Analysis o the Easy Lining Associates Commercial Property Project Number: 14367-1-0 May 11, 2006 Page 9 No Scale 4- Figure 6 PHR/� Trip Distribution Percentages A Traffic Impact Analysis of the Easv Living Associates Commercial Propertj Project Number: 14367-1-0 May 11, 2006 Page 10 No Scale AM Peak Hour (PM Peak Hour) Figure 7 Development -Generated Trip Assignments A T,,af rc Impact Analysis of Ile Easy Living Associates Commercial Property PJ� Project Number: 14367-1-0 H May 1 I , 2006 Page I I No Scale �, 5� Q,)9 2 roo Q6 � J 1 b�l `p, r%, 56 (3.3 (3OS) AM Peak Hour (PM Peak Hour) Figure 8 2008 Build -out Traffic Conditions A Tr�aC>rc /..pact Analysis o'lle Easy Lining Associates Commercial Properiv pA Project Numberay 11, 006 T_T May 11,2006 l(�l Page 12 No Scale Unsignalized Intersection :dam\ *j Unsignalized� Intersection @1P 000,0 �e Unsignalized Intersection Signalized "Suggested Intersection Improvements" LOS=B(Q Signalization w6 - 1 Right 4014 Old Charles Town Road ignalized tersection YI@ OS=B(C) Denotes two-way left turn lane * Denotes critical unsignalized movement AM Peak Hour (PM Peak Hour) Figure 9 2008 Build -out Lane Geometry and Levels of Service A Ti•af lc bnpact AnaMsis oithe Easy Living Associates Connnercial Property p n, A Project Number: May 11, 2 1006 H � Page 13 CONCLUSION The traffic impacts associated with the build -out of the proposed Easy Living Associates Commercial Property development are acceptable and manageable. All the study area intersections, except the intersection of Route 11/Old Charles Town Road, will maintain satisfactory levels of service "C" or better during 2008 build -out conditions. The intersection of Route 11/Charles Town Road will maintain unacceptable levels of service "F" during ' 2008 background and build -out conditions, suggesting minimal impact of the proposed development. Traffic signalization and one westbound right turn lane would be required at this intersection to achieve acceptable levels of service "C" or better. The following ' describes the suggested roadway configuration required for the study area intersections: • Route 11/Old Charles Town Road: In order to achieve acceptable levels of service, I' this intersection will require traffic signalization along with a westbound right -turn lane during 2008 build -out conditions. ' • Route 11/Site Driveway #1: In order to achieve acceptable levels of service, this intersection will require traffic signalization along with a northbound left -turn lane and separate eastbound left/right-turn lane during 2008 build -out conditions. • Route 11/Site Driveway #2: This unsignalized intersection will require a shared eastbound thruh-ight, a shared westbound left/thru and a shared southbound left/right turn lane during 2008 build -out conditions. PH][1,.+A s of the Csh 1fining Associates Conunercia/ Property Project Number: 14367-1-0 May 11, 2006 Page 14 11 H I 1 APPENDIX 1 n r u HCS-2000 Worksheets 1 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Charles Town Rd Agency/Co. PHR+A Jurisdiction Date Performed 31212006 Analysis Year 2006 Existing Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 116 0 33 229 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 1 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 123 0 35 1 243 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 38 0 74 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 40 0 78 0 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 35 118 C (m) (vph) 1464 1404 v/c 0.02 0.08 95% queue length 0.07 0.27 Control Delay 7.5 9.9 LOS A A pproach Delay -- -- 9.9 pproach LOS -- -- A Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Charles Town Rd Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2006 Existing Conditions Analysis Time Period PM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 267 36 42 122 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 284 38 44 129 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 25 0 77 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 26 0 81 0 0 10 Percent Heavy Vehicies 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SIB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 44 107 C (m) (vph) 1238 997 v/c 0.04 0.11 95% queue length 0.11 0.36 Control Delay 8.0 10.6 LOS A B pproach Delay -- -- 10.6 pproach LOS -- -- B Rights Reserved IICS2000TM Version 4.Id Copyright © 2003 University of Florida, All Rights Reserved Version 4.Id 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information [nalysis ite Information Analyst PHR+A tersection Rt 11 & Mobil Home Park Agency/Co. PHR+A urisdiction Date Performed 3/2/2006 Year 2006 Existing Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 181 0 0 241 3 Peak -Hour Factor, PHF 6.94 0.94 0.94 1 0.94 0.94 0.94 Hourly Flow Rate, HFR 9 1 192 1 0 0 256 1 3 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 8 0 21 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 1 0 8 1 0 1 22 Percent Heavy Vehicles 4 0 1 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 9 30 C (m) (vph) 1306 729 v/c 0.01 0.04 95% queue length 0.02 0.13 Control Delay 7.8 10.2 LOS A B Approach Delay -- -- 10.2 pproach LOS -- -- 8 Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 31212006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Mobil Home Park Jurisdiction Analysis Year 2006 Existing Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 37 307 0 0 149 8 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 39 326 1 0 0 1 158 1 8 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 13 0 15 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 13 0 1 15 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I LR Delay, Queue Length, and Level of Service Approach NB SIB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 39 28 C (m) (vph) 1412 686 v/c 0.03 0.04 95% queue length 0.09 0.13 Control Delay 7.6 10.5 LOS A B pproach Delay -- -- 10.5 [Approach LOS -- -- B Rights Reserved HCS2000TM Copyright (02003 University of Florida, All Rights Reserved Version 4.1d Version 4.1d r 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Charles Town Rd Agency/Co. PHR+A Jurisdiction Date Performed 31212006 Analysis Year 2008 Background Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Pro ert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 319 149 147 304 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 339 1 158 156 323 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 456 0 398 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 485 0 1 423 0 1 0 1 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 156 908 C (m) (vph) 1067 466 v/c 0.15 1.95 95% queue length 0.51 60.85 Control Delay 9.0 454.9 LOS A F Approach Delay -- -- 454.9 Approach LOS -- -- F Rights Reserved HCS2000TM Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 I LI 1 Ci TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 31212006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction Analysis Year 2008 Background Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 366 509 396 309 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 389 541 421 1 328 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 305 0 284 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 324 1 0 1 302 0 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 Percent Grade (%) 0 0 Flared Approach y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 421 626 C (m) (vph) 736 181 v/c 0.57 3.46 95% queue length 3.67 59.57 Control Delay 16.2 1159 LOS C F pproach Delay -- -- 1159 pproach LOS -- -- F Rights Reserved HCS2000T M Version 4.1d ' 5/11/ 00 2 6 Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 11 F, I FiJ HCS2000' DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Background Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT I TH RT LT TH RT Number of lanes, N, 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 456 1398 319 149 147 304 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 11,000 1.000 1.000 11.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes p 1 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 30.0 G= G= G= G= 8.0 G= 35.0 G= G= Y= 6 Y= Y= I Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH I RT LT TH RT LT TH RT Adjusted flow rate, v 485 423 339 159 156 323 Lane group capacity, c 625 819 731 1322 452 898 v/c ratio, X 0.78 0.52 10.46 0.12 0.35 0.36 Total green ratio, g/C 0.35 0.52 0.41 0.84 0.51 0.51 Uniform delay, di 24.5 13.5 18.2 1.3 12.3 12.7 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 5/11/2006 Delay calibration, k 0.33 0.12 0.11 0.11 0.11 0.11 Incremental delay, d2 6.1 0.6 0.5 0.0 0.5 0.2 Initial queue delay, d3 Control delay 30.6 14.1 18.6 1.3 12.8 Lane group LOS C B B A B LH Approach delay 22.9 13.1 12.9 Approach LOS C B B Intersection delay 17.8 XC = 0.70 Intersection LOS B HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1 e 5/11/2006 U U 17 I LI F1 1 1 HCS2000'" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Background Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N, 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 305 284 366 509 396 309 % Heavy vehicles, %HV 2 2 7 2 1 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 1.000 Initial unmet demand, Qb 0.0 0.0 10.0 0.0 1 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 24.0 G= G= G= G= 15.0 G= 34.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 324 302 389 541 421 329 Lane group capacity, c 500 838 710 1192 544 1024 v/c ratio, X 0.65 0.36 10.55 0.45 0.77 0.32 Total green ratio, g/C 0.28 0.53 0.40 0.75 0.58 0.58 Uniform delay, di 26.8 11.6 19.6 3.9 12.0 9.4 Progression factor, PF 1.000 1.000 1 1.000 1.000 1.000 1.000 5/11/2006 I it � I � I Delay calibration, k 0.23 0.11 0.15 0.11 0.32 0.11 Incremental delay, d2 2.9 0.3 0.9 0.3 6.9 0.2 Initial queue delay, d3 Control delay 29.7 11.9 20.5 4.2 18.9 9.5 Lane group LOS C 8 C A 8 A Approach delay 21.1 11.0 14.8 Approach LOS C 8 g Intersection delay 15.0 XC = 0.73 Intersection LOS 8 HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1 e 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park 8,gency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Background Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South jStudy 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 9 708 0 0 430 3 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 9 753 1 0 0 1 457 1 3 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 0 0 0 8 0 21 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 1 0 8 0 1 22 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 9 30 C (m) (vph) 1101 492 v/c 0.01 0.06 95% queue length 0.02 0.19 Control Delay 8.3 12.8 LOS A B Approach Delay -- -- 12.8 [Approach LOS -- -- B Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Background Conditions Analysis Time Period PM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South 1Studv Period (hrs): 0.25 Vehicle Volumes and Ad'ustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 37 614 0 0 690 8 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 39 653 0 0 734 8 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 0 0 0 13 0 15 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 13 0 15 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 39 28 C (m) (vph) 865 335 v/c 0.05 0.08 95% queue length 0.14 0.27 Control Delay 9.4 16.7 LOS A C Approach Delay -- -- 16.7 pproach LOS -- -- C Rights Reserved I-ICS2000T M Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Charles Town Rd Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Build -out Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Old Charles Town Rd North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 504 149 178 442 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 536 1 158 189 1 470 1 0 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 456 0 440 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 485 0 1 468 0 0 0 Percent Heavy Vehicles 2 0 1 2 0 0 0 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 189 953 C (m)(vph) 901 338 v/c 0.21 2.82 95% queue length 0.79 81.27 Control Delay 10.1 850.6 LOS B F Approach Delay -- -- 850.6 pproach LOS -- -- F Rights Reserved HCS2000TM Version 4.Id Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 i TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 3/2/2006 Analysis Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Jurisdiction Analysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Propert East/West Street: Old Charles Town Rd North/South Street: Rt 11 ' Intersection Orientation: North -South IStudy Period (hrs): 0.25 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 0 578 509 454 566 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 614 1 541 482 602 0 Percent Heavy Vehicles 0 -- -- 2 1-- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 1 1 1 1 0 Configuration T R L T Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 305 0 332 0 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 324 1 0 1 353 0 1 0 0 Percent Heavy Vehicles 2 0 2 0 0 0 ' Percent Grade (%) 0 0 Flared Approach Y N Storage 1 0 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR ' Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 482 677 C (m) (vph) 605 64 v/c 0.80 10.58 95% queue length 7.80 79.81 ' Control Delay 30.2 4433 LOS D F '[Approach Delay 4433 pproach LOS =_ == F Rights Reserved ' I-ICS2000TM Copyright 02003 University ofFlorida, All Rights Reserved Version 4.Id Version 4.Id ' 5/11/2006 HCS2000" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period AM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. Volume and Timing Input EB WB NB SB LT TH RT LT TH I RT LT I TH RT LT TH RT Number of lanes, Ni 0 0 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 456 440 504 149 178 442 % Heavy vehicles. %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I. 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 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 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 02 03 04 SB Only NS Perm 07 08 Timing G= 30.0 G= G= G= G= 8.0 G= 35.0 G= G= Y= 6 Y= Y= Y= IY= 0 Y= 6 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 485 468 536 159 189 470 Lane group capacity, c 625 819 731 1322 307 898 v/c ratio, X 0.78 0.57 0.73 0.12 0.62 0.52 Total green ratio, g/C 0.35 0.52 0.41 0.84 0.51 0.51 Uniform delay, d, 24.5 14.0 21.1 1.3 15.0 14.1 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.33 0.17 0.29 0.11 0.20 0.13 5/11 /2006 � I � I 11 u 1 u I Incremental delay, d2 6.1 1.0 3.8 0.0 3.7 0.6 Initial queue delay, d3 Control delay 30.6 15.0 24.9 1.3 18.7 14.7 Lane group LOS C B C A B B Approach delay 23.0 19.5 15.8 Approach LOS C B B Intersection delay 19.9 XC = 0.85 Intersection LOS B IICS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1 e 5/11/2006 HCS2000" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period PM Peak Hour Intersection Rt 11 & Charles Town Rd Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Easy Living Associates Project ID Commercial Property - Suggested Imp. 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 0 1 0 1 0 1 1 1 1 0 Lane group L R T R L T Volume, V (vph) 305 1332 1578 509 454 566 % Heavy vehicles, %HV 2 2 7 2 2 7 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, 1. 2.0 1 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 1.000 Initial unmet demand, Qb 0.0 0.0 10.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 112.0 12.0 Parking / Grade / Parking N 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 Phasing WB Only 1 02 03 04 SB Only NS Perm 07 08 Timing G= 19.0 JG= G= G= G= 20.0 G= 34.0 G= G= Y= 6 1 Y= Y= Y= IY= 0 Y= 6 1 Y= IY= Duration of Analysis, T = 0.25 Cycle Length, C = 85.0 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 324 353 615 541 483 602 Lane group capacity, c 396 838 710 1099 504 1128 v/c ratio, X 0.82 0.42 10.87 0.49 10.96 0.53 Total green ratio, g/C 0.22 0.53 0.40 0.69 0.64 0.64 Uniform delay, di 31.4 12.1 23.4 6.0 24.0 8.6 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.36 0.11 1 0.40 0.11 0.47 0.14 5/11/2006 � I � I I I 7 I Incremental delay, d2 12.7 0.3 11.0 0.3 29.7 1 0.5 Initial queue delay, d3 Control delay 44.0 12.5 34.4 6.4 53.7 9.0 Lane group LOS D 8 C A D A Approach delay 27.6 21.3 28.9 Approach LOS C C C Intersection delay 25.6 XC = 0.97 Intersection LOS C HCS2000T"" Copyright © 2000 University of Florida, AII.Rights Reserved Version 4.1e 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information 1nalvsis ite Information Analyst PHR+A tersection Rt 11 & Mobil Home Park Agency/Co. PHR+A urisdiction Date Performed 3/2/2006 Year 2008 Build -out Conditions Analysis Time Period AM Peak Hour Project Description Easy Living Associates Commercial Propetty East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudy Period (hrs): 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 30 915 0 0 584 5 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 31 1 973 1 0 0 621 5 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 9 0 37 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 9 0 1 39 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (vph) 31 48 C (m) (vph) 956 402 v/C 0.03 0.12 95% queue length 0.10 0.40 Control Delay 8.9 15.2 LOS A C Approach Delay -- -- 15.2 pproach LOS -- -- C Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1 d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Rt 11 & Mobil Home Park Agency/Co. PHR+A Jurisdiction Date Performed 3/2/2006 Analysis Year 2008 Build -out Conditions Analysis Time Period PM Peak Hour Project Description EasyLiving Associates Commercial Propert East/West Street: Mobil Home Park North/South Street: Rt 11 Intersection Orientation: North -South IStudv 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 61 849 0 0 976 10 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 64 1 903 1 0 0 1038 10 Percent Heavy Vehicles 2 -- -- 4 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 1 1 0 0 1 0 Configuration L T TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R olume 0 0 0 15 0 44 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 0 15 0 46 Percent Heavy Vehicles 4 0 4 2 0 2 Percent Grade (%) 0 0 Flared Approach Y N Storage 1 1 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration I I LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR (vph) 64 61 C (m) (vph) 664 242 v/c 0.10 0.25 95% queue length 0.32 0.97 Control Delay 11.0 24.8 LOS B C Approach Delay -- -- 24.8 pproach LOS -- -- C Rights Reserved HCS2000TM Version 4.1d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 HCS2000" DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 31212006 Time Period AM Peak Hour Intersection Rt 11 & Site Drive #1 Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Project ID Easy Living Associates Commercial Property 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 0 1 0 0 0 1 1 0 0 1 0 Lane group L R L T TR Volume, V (vph) 90 154 206 718 435 121 % Heavy vehicles, %HV 2 2 2 7 7 2 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 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 11.000 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 Lane width 12.0 12.0 1 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 1 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing EB Only 02 03 04 NB Only NS Perm 07 08 Timing G= 19.0 G= G= G= G= 8.0 G= 51.0 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 96 164 219 764 592 Lane group capacity, c 374 580 478 1164 987 v/c ratio, X 0.26 10.28 10.46 0.66 0.60 Total green ratio, g/C. 0.21 0.37 0.66 0.66 0.57 Uniform delay, di 29.6 20.1 8.0 9.4 12.8 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.11 0.11 0.11 0.23 0.19 5/11/2006 r P n fl Incremental delay, d2 0.4 0.3 0.7 1.4 1.0 Initial queue delay, d3 Control delay 30.0 20.4 8.7 10.7 13.8 Lane group LOS C C A B B Approach delay 23.9 10.3 13.8 Approach LOS C B B Intersection delay 13.4 XC = 0.56 Intersection LOS B HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 5/11/2006 11 HCS2000T. DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 3/2/2006 Time Period PM Peak Hour Intersection Rt 11 & Site Drive #1 Area Type All other areas Jurisdiction Frederick County Analysis Year 2008 Build -out Conditions Project ID Easy Living Associates Commercial Property Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N� 1 0 1 0 0 0 1 1 0 0 1 0 Lane group L R L T TR Volume, V (vph) 167 286 235 629 700 138 % Heavy vehicles, %HV 2 2 2 7 7 2 Peak -hour factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Pretimed (P) or actuated (A) A A A A A A Start-up lost time, I, 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 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 Lane width 12.0 112.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 Phasing EB Only 02 03 04 NB Only NS Perm 07 08 Timing G= 19.0 G= G= G= G= 8.0 G= 51.0 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 178 304 250 669 892 Lane group capacity, c 374 580 359 1164 992 v/c ratio, X 0.48 10.52 0.70 0.57 0.90 Total green ratio, g/C 0.21 0.37 0.66 0.66 0.57 Uniform delay, d, 31.1 22.3 10.6 8.6 17.2 Progression factor, PF 1.000 1.000 1.000 1.000 1.000 Delay calibration, k 0.11 0.13 0.26 0.17 0.42 5/11/2006 Incremental delay, d2 1.0 0.9 5.8 1 0.7 11.0 Initial queue delay, d3 Control delay 32.1 23.2 16.4 9.3 28.2 Lane group LOS C C 8 A C Approach delay 26.5 11.2 28.2 Approach LOS C 8 C Intersection delay 29.0 Xc = 0.75 Intersection LOS C HCS2000TM Copyright © 2000 University of Florida, All Rights Reserved Version 4.1e 11 1 1 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Site Drive #2 & Mobil Home Agency/Co. PHR+A Pk Date Performed 3/2/2006 Jurisdiction nalysis Time Period AM Peak Hour nalysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Property East/West Street: Mobil Home Park North/South Street: Site Drive #2 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 0 0 0 17 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 0 0 18 0 0 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LTR LR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 12 23 0 25 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 12 24 0 26 1 0 Percent Heavy Vehicles 4 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 1 1 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR LT Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT v (vph) 18 36 26 C (m) (vph) 1623 992 847 v/c 0.01 0.04 0.03 95% queue length 0.03 0.11 0.09 Control Delay 7.2 8.8 9.4 LOS A A A pproach Delay -- -- 8.8 9.4 pproach LOS -- -- A A Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Intersection Site Drive #2 & Mobil Home Agency/Co. PHR+A Pk Date Performed 3/2/2006 Jurisdiction nalysis Time Period PM Peak Hour nalysis Year 2008 Build -out Conditions Project Description Easy Living Associates Commercial Property East/West Street: Mobil Home Park North/South Street: Site Drive #2 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 0 0 0 31 0 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 1 0 1 0 32 0 1 0 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LTR LR Upstream Signal 0 1 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 45 26 0 28 0 Peak -Hour Factor, PHF 0.94 0.94 0.94 0.94 0.94 0.94 Hourly Flow Rate, HFR 0 47 1 27 0 29 0 Percent Heavy Vehicles 4 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 1 1 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration TR I LT Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR TR LT v (vph) 32 74 29 C (m)(vph) 1623 893 811 vlc 0.02 0.08 0.04 95% queue length 0.06 0.27 0.11 Control Delay 7.3 9.4 9.6 LOS A A A pproach Delay -- -- 9.4 9.6 pproach LOS -- -- A A Rights Reserved HCS2000TM Version 4.1 d Copyright © 2003 University of Florida, All Rights Reserved Version 4.1d 5/11/2006 F 11 Traffic Counts 1 n Intersection: E-W: ROUTE 761 Weather DRY File Name N-S: ROUTE 1 I Count By JJP Input By J]P Locationi Count Date 1/23/2006 ' 15 Minute EB: WB: ROUTE 761 NB: ROUTE I I SB: ROUTE 11 15 Min. Period N,S, Period Begining Lcft Thru Right Total Left Thru Right Total Left Thru Right Total Left Thni Right Total E , W Begining 7:00 0 0 0 0 9 0 11 20 0 19 0 19 3 42 0 45 84 7:00 7:15 0 0 0 0 7 0 17 24 0 22 0 22 5 44 0 49 95 7:15 7:30 0 0 0 0 11 0 14 25 0 25 0 25 4 48 0 52 102 7:30 7:45 0 0 0 0 12 0 18 30 0 30 0 30 7 53 0 60 120 7:45 8:00 0 0 0 0 14 0 21 35 0 31 0 31 6 55 0 61 127 8:00 8:15 0 0 0 0 5 0 17 22 0 29 0 29 9 63 0 72 123 8:15 8:30 0 0 0 0 7 0 18 25 0 26 0 26 11 58 0 69 120 8:30 8:45 0 0 0 0 8 0 21 29 0 30 0 30 8 53 0 61 1 120 11 8:45 A.M. Total IF 0 0 0 0 73 0 13-7-210-1 0 212 0 212 53 416 0 469 891 1 A.M. Total 16:00 0 0 0 0 7 0 22 29 0 58 7 65 7 35 0 42 136 16:00 16:15 0 0 0 0 6 0 23 29 0 62 5 67 8 34 0 42 138 16:15 ' 16:30 0 0 0 0 6 0 21 27 0 63 6 69 9 32 0 41 137 16:30 16:45 0 0 0 0 5 0 23 28 0 62 7 69 8 27 0 35 132 16:45 17:00 0 0 0 0 8 0 19 27 0 69 9 78 11 33 0 44 149 17:00 17:15 0 0 0 0 6 0 14 20 0 73 14 87 14 30 0 44 151 17:15 ' 17:30 0 0 0 0 3 0 16 19 0 66 8 74 II 27 0 38 131 17:30 17:45 0 0 0 0 4 0 12 16 0 54 6 60 8 28 0 36 112 1 17:45 P.M. Total 0 0 0 0 45 0 150 195 0 507 62 569 76 246 0 322 1 1086 JFP.M. Total I Hour EB: WB: ROUTE 761 NB: ROUTE I 1 SB: ROUTE I 1 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 0 0 0 0 39 0 60 99 0 96 0 96 19 187 0 206 401 7:00 7:15 0 0 0 0 44 0 70 114 0 108 0 108 22 200 0 222 444 7:15 7:30 0 0 0 0 42 0 70 112 0 115 0 115 26 219 0 245 472 7:30 7:45 0 0 0 0 38 0 74 112 0 116 0 116 33 229 0 262 490 7:45 8:00 0 0 0 0 34 0 77 111 0 116 0 116 34 229 0 263 490 8:00 ' 16:00 0 0 0 0 24 0 89 113 0 245 25 270 32 128 0 160 543 16:00 16:15 0 0 0 0 25 0 86 111 0 256 27 283 36 126 0 162 556 16:15 16:30 0 0 0 0 25 0 77 102 0 267 36 303 42 122 0 164 569 16:30 16:45 0 0 0 0 22 0 72 94 0 270 38 308 44 117 0 161 563 16:45 17:00 0 0 0 0 21 0 61 82 0 262 37 299 44 118 0 162 543 17:00 1 Flour EB: WB: ROUTE 761 NB: ROUTE I 1 SB: ROUTE 1 I 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 7:45 0 0 0 0 38 0 74 112 0 116 0 116 33 229 0 262 490 7:45 A.M. Peak PHF = PHF = 0.80 PHF = 0.94 PHF = 0.91 0.96 A.M. Peak 16:30 10 0 0 0 25 0 77 102 0 267 36 303 42 122 0 164 569 16:30 P.M. Peak PHF = PHF = 0.91 PFIF = 0.87 PHF = 0.93 0.94 P.M. Peak L7 Intersection: E-W: Mobile home Park N-S: ROUTE 1 I Location Weather DRY File Name I Count By IIK Input Byl IIK Count Date1/23/2006 t15 Minute EB: Mobile Ilome Park WB: NB: ROUTE I 1 SB: ROUTE 11 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thin Right Total E & W Begining ' 7:00 1 3 4 0 3 3 0 0 7 7:00 1 1 2 0 2 2 0 0 4 7:15 0 2 2 0 0 0 0 0 2 7:30 3 8 I1 0 3 3 0 0 14 7:45 J7:45 2 5 7 0 1 1 2 2 10 8:00 1 5 6 0 4 4 1 1 11 8:15 2 3 5 0 1 1 0 0 6 8:30 1 4 5 0 1 1 0 0 6 8:45 A.M. Total 11 0 31 42 0 0 0 0 15 0 0 15 0 0 3 3 60 A.M. Total 16:00 3 1 4 0 8 8 0 0 12 16:00 16:15 1 2 3 0 6 6 1 I 10 16:15 ' 16:30 2 2 4 0 9 9 2 2 15 16:30 16:45 5 3 8 0 6 6 2 2 16 16:45 17:00 3 4 7 0 10 10 3 3 20 17:00 17:15 3 6 9 0 12 12 1 1 22 17:15 ' 17:30 0 3 3 0 8 8 0 0 11 17:30 17:45 4 4 8 0 4 4 1 1 1 13 1 17:45 P.M. Total F 21 0 25 46 0 0 0 0 63 0 0 63 0 0 10 10 119 P.M. Total ' I Hour EB: WB: ROUTE 761 NB: ROUTE I 1 SB: ROUTE 11 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 5 0 14 19 0 0 0 0 8 0 0 8 0 0 0 0 27 7:00 7:15 6 0 16 22 0 0 0 0 6 0 0 6 0 0 2 2 30 7:15 7:30 6 0 20 26 0 0 0 0 8 0 0 8 0 0 3 3 37 7:30 7:45 8 0 21 29 0 0 0 0 9 0 0 9 0 0 3 3 41 7:45 8:00 6 0 17 23 0 0 0 0 7 0 0 7 0 0 3 3 33 8:00 16:00 11 0 8 19 0 0 0 0 29 0 0 29 0 0 5 5 53 16:00 16:15 11 0 11 22 0 0 0 0 31 0 0 31 0 0 8 8 61 16:15 16:30 13 0 15 28 0 0 0 0 37 0 0 37 0 0 8 8 73 16:30 ' 16:45 11 0 16 27 0 0 0 0 36 0 0 36 0 0 6 6 69 16:45 17:00 10 0 17 27 0 0 0 0 34 0 0 34 0 0 5 5 66 17:00 1 I -lour EB: WB: ROUTE 761 NB: ROUTE 1 I SB: ROUTE 1 I 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 7:45 8 0 21 29 0 0 0 0 9 0 0 9 0 0 3 3 41 7:45 A.M. Peak PHF = 0.66 PHF = PHF = 0.56 PHF = 0.38 0.73 A.M. Peak ' 16:30 13 0 15 28 0 0 0 0 37 0 0 37 0 0 8 8 73 16:30 P.M. Peak PHF = 0.78 1 PHF = I PHF = 0.77 PHF = 0.67 0.83 P.M. Peak 1N7£RSTA TE 81 sirE U.S' RouTE tit �� go Zn �r VICNTY 1' =2000' APPROVED BY: _ 94.4 7.Da � _ 05/ZQ/o2 SUBDNISION AD INISTRATOR DATE /-Z-/-2 -D FREDERICK COUNTY HEALTH N DEPARTMENT DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION OF THE LAND OF 0. L. PAYNE AND RUTH B. PAYNE AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. 7'zow- 0. L. PANE RUTH B, PAYNE STATE OF VIRGINIA. AT LARGE CIiY/GB> -0F Dj,_( e Zt- _ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 86 dzz DAY OF �I _ ��,J 200L BY 0. L. PAYNE & RUTH B. PAYNE, MY COMMISSION EXPIRES J0 , r a -Zia �►-- NOTARY PUBLIC SURVEYOR'S CERTIFICATE HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO 0. L. PAYNE & RUTH B. PAYNE BY DEED DATED AUGUST 31, 1971 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 381 AT PAGE 225. MINOR RURAL SURD/VISION OF THE LAND OF O. L. PA YNE & RUTH B. PAYNE DEED BOOK .581 PAGE 225 STONEWALL AIAG157ER/AL DISTRICT FR£D£RICK COUNTY, VIRGINIA DA7F• NOVEA/BER 29, 2001 SCALE: 1=300' ID 3337 SHEET 1 OF 2 LTH OF Edens'S. Bruce No. 000162- B CgIV MARSH & LEDGE W0 NORTH INCHESTER, VIRGIJNU 22601 Land Surveyors, P.L.C. PHONE 1 FAX �640) 667-0469 O w U9 AN5 PIN ETA-63 IRS 'moray N%F BUCKLEY LAGES INC. L .� DB 349 PG 302 U 2� N +ram P C �°o ' O1 PIN 44-1—D1 a��b7• 8j A 15.8531 A CRES �' ZONED: MHt /RS USE: MOBILE HOMES460' CSX RA L IRANSPORTAjSi`'14 ,W174-T57'7t4.9 E.58 asyPG Sao REMAINDER OF I �1 -- �--- PIN 44-1-D a 20.635 ACRES PIN 44-1-C ► ZONED: MH1 & M1 a 6I f EASY LIVING ASSOCIATES USE: RESIDENTIAL �� �t l'f DO 468 PG 634 z = �I II ZONED: MHt o 'r1 USE: MOBILE HOMES (APPROX. 11.8 AC) I � f f ZONED: 1AH1 NOTES; !ZONED: 111 I'If' THE WIDTH OF THE EXISTING RICHT OF WAY IN DEED BOOK 461 AT PAGE 780 WAS NOT r- SPEOM IN THE DEED, BUT WAS VERBALLY AGREED TO AS FIFTY FEET (501 WIDE AT TE THAT TWE A NEW DEED IS NOW BONG PROCESSED TO ADD THE FIFTY FOOT (50) WIDE (APPROX. 8.8 AC) b VERBIAGE TO THIS AGREEMENT. THE SHARED PRIVATE DRNEIYAY IS NOT W ACCORDING IITO STREET STANDARDS OF AND WILL NOT BE WNT40 BY THE MGM DEPARTMENT OF I TRANSPORTADON OR THE COUNTY OF FREDER0. THE NPROY13 NT MID WlIMONNCE OF SAID DRNEWAY SHALL BE THE SOLE RESPONMLRY OF THE OWNERS OF LOTS WHO ARE ;+PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE Df;lv%YS WU1 NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTENI UNTIL THEY MEET Tiff PROW OONSIRl1CTION STANDARDS OF THE VIR'GINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTWENT OF TRA6PORTATION NOR BY FREDERICCX COUNTY. 1 300 0 300 1 1'I SCALE: 1" = 300' NOTES 1. NO TIRE REPORT FURNISHED. 2 PROPERTY W(MCATION NO. 44-1-0. 3. EASROTS OTHER THAN SHOWN WAY DOST. j I 4. IRE - BtCtI ROO FOUND IRS - ROD SIT NFONAAON SHOWN HEREON IS BASED ON AN ACTUAL RU SURWY vs RO TRCJP/�� &THEMINUALOT SHOW IE EOON LIEST N ZZONETY Axa NA AREA OF 0110 B, DATED JAY 17, 1978. US ROUTE 71 MINOR RURAL SUSDIOSION e OF 7NE LAND OFD.L. PA YNE &RUTH B. PAYNE DEED BOOK 381 PAGE 225 STONEWALL UAG157ER/AL DISTRICT FREDERICK COUNTY, VIRGINIADATE.' NOVFUBER29, 2001 SCALE.• 1'=300' ID 3337 SHEET 2 OF 2 MARSH & L E G G E WINCHESTER. VIRGINIASTRE2260 1 (; Land Surveyors, P.L.C. PHONE FAAX �640) 667-0489 AWS CJ 0 VIRGINIA; FREDERICK COUNTY, SCP. This instrument of writing was ptodttoed to me on .) 1, 04-b at p. .,d w certificate of ndrnowledgement theret annexed { Jas adm ted to record. Ta imposed by Sec. 58.1-802 Of , and 58.1-801 have been paid, it amesaaDle� 0 w 7563-8042 EBX/cmj J I a IU 2. d 4 r U N 0 0. CD r1k, ) 060016824 THIS DEED, made and dated this 3 1 " day of August, 2006 by and between LEE C. klQLLER and FRANCES DEL HOLLER, husband and wife, hereinafter called the Grantors, and EASY LIVINQ A5SOCYATES, a Virginia Limited Partnership, hereinafter called the Grantee; WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10A0), (.:ash in hand paid and other valuable consideration, ,receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: A11 of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, described as Lot 2A, containing 1.442 acres, more or less, on that certain plat and survey of L. Allen Ebert, L.S., dated April 15, 1994 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 819, at Page 1227. AND BEING the same properly conveyed to Lee C. holler and Frances Dee Holler, his wife, by those two (2) conveyances the first dated August 16, 1993 and the second dated May 13, 1994 both of record in the aforesaid Clerk's Office in Deed Boole 802, at Page 1269 and Deed Book 819, at Page 1225, respectively. Reference is made to the aforesaid plat, deed and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantee; ghat the Grantee shall have quiet and peaceable possession of the said property, free from all liejis and encumbrances; and they will grant such further assurances of title as may be requisite. Z :fid W AT 90-90-Go 08TZL990bS W0JJ x-ed WITNESS the following signature and seal: LEE C. HOLLER STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: CD C-0 (SEAL) I, Cathy M. Jewell, a Notary public in and for the State and jurisdiction aforesaid, do hereby certify that Lee C. Holler and Frances Dee Holler, whose names are signed to the fbregoing-Deed, dated this 31" day of August, 2006 have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. C : ..Given under my hand this 31 g` day of August, 2006, c; , s i4y commission expires: 12/31/08. ` Notary F he Thi3 i,utrument way prapvad by: td,•inB. Yomt srp ry Kuyk-WA . Johmton, McKee & Butter, P,4.G, 112 south Cemcron Stroat J[ FLG�y Br•S LTI4:et t,L 'GAL �' 'ti.2rJ 1?, " �a'✓'i('BGDAE� '.&•;�p� � :G a!'i,�^,`.,� 4G71 ]R14^ 4�'DD WittohMtdr, Vi &Ln 22601 f A� (140) C,02 3456 EC a v�r and whit certift ac f'r\'�' .'(L' lv,s adrnitt,C(i to rcCC)C(j`[ :: i�t ete ti•:� c� tc? ���iaL`..��:el _ , �t.; 1rj1F:4�StC11 -�,'' JL:I:. ;71,1 ? -802 of a � � '� S,1 �J1 have been paid, if assessable. c:\WPhOCS\OF.EDS1eaHy1101nq.Cge,wprd 2, Clerk E :fid W 81 90-90-60 081Z49906S : WOJJ XPA 0 • r LANE' AWU T p aENT.• B K 8 1 9 r I; 1 2 2 7 ?491 8 2511 MARTINSBURG PIKE STONEWALL. DISTRICT P'REDERiCK COUNTY VIRGINIA 15 APRIL 1994 ZIohW RA K 663 vl / 'I• 1. i � I . 37 BI fi64 0 ° IOCATIQN . F.P000"- SURVEYORS CERTIFICATE: THE LAND IN THIS BOUNDARY LINE ADJUSTMENT IS LOT 2 AND LOT 3 (A MATTER OF RECORD IN DEED BOOK 664, PAGE BIB). LOT 2 IS THE LAND CONVEYED TO LEE C. HOLLER AND FRANCS DEE HOLLER BY DEED DATED )6 AUGUST 1993 IN DEED BOOK 602, PAGE 12G9. LOT 3 IS A PORTION Of TILE LAND CONVEYED TO MIN E. HART AND PI NME E. HART BY DEED DATED 2E MAY 1961 IN DEED BOOK 272, PAGE 274 AND BY DEED DATED IO JULY 1975 IN DEED BOOK 558, PAGE L20. MUMS CERTFTCAM TWS DNLSIDK AS IT APPEARS ON THIS PLAT, a WITH THE FHEE f'f(7FLSEN17 AND IN AGLOROANCE WITH THE DESIRES OF THE HOER- 1p SIGNED OWNER, PROPRIETOR OR TRUSTEE _CITY t/J r r+J G!l — clow Y or STATE OF 4 I fLGl n1 i A AC)OJOMTLID6ED 6EFONE/ME TM --y�y DAY OF /4A � 19 NY CpM:&OF1 ExpiRu 20 J.AJ/t� /9% WTARY PLZ J" — — N4 R. _ °� L. ALLEN EBE;'T L ALLEN E ERT c� PROFESSIONAL LAND SURVEYOR , ' 33 W. 80=Ws ST. (LICENSE) No. *A TEA VA 22601-4740 1498 703 667 3233 U on'n a a: Zm N Q u W ()—IRON PIN (FOUND) o—IRON PIN (SET) 6 9b • N W. 2491 � LOT 2 A 1.442 ACRES P.I.X 44B-/- B t ZI 0.967 ACRE PORMIN N LOB LOT 2 Z W Y S54.45'55"W in ti 40.28' U S47.38'35"W-S ir W a Z in No. 25J1 N Mt cq LOT 3 A o m N a m o U26 ACRES' Lodi P.LN.448-1-4 N 47• '%A' RS" F 69.23' w w (p w , � m O l� X N "' l0 N ? R 2.b2q.i9o� N ARC )'71.17' CHORD M52.16'00"E-M14' MARTiNSBU RG PIKE L A }E,N EBE,RTT (LICE ;3E) NO 1498 sxO�Jl^ci 229 The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT SURVEY of Lot 2 and Lot 3 (a matter of record in Deed Book 664, Page 818). Lot 2, designated as No. 2491, is the Land conveyed to Lee C, Holler and Prances Dee Holler by Deed dated 16 August 1993 in Deed Book 802, Page 1269; Lot 3, designated as No, 2511, is a portion of the Land conveyed to conveyed to Ervin E. Hart and Minnie E. Hart by Deed dated 29 May 1961 in Deed Book 272, Page 274 and by Deed dated 15 July 1975 in Deed Book 556, Page 320. The said Land fronts the Northwestern Boundary Line of Martinsburg Pike, U. S. Route 11, and lies in Stonewall District, Frederick County, Virginia: Beginning at an iron pin (found) in the Northwestern Line of Martinsburg Pike, a corner to Lot 1; thence with die said Line, with the Are Line 171.17 ft. (Chord N 520 16' 00" E - 171.14 ft., Radius 2,824.790 ft.) to an iron pin (found), a corner to the Easy Living Associates Land; thence with the five following Lines of the said Land, N 42' 21' 25" W - 313.67 ft. to an iron pin (found); thence N 40' 42' 16" W - 276.56 ft. to an iron pin (found); thence S 22' 39' 00" W - 227.58 ft. to an iron pin (found); thence S 411o 47' 04" E-- 155.33 ft. to an iron pin (found); thence S 54° 45' 55" W - 40.28 ft. to'a spike in a root (found), a corner to The Stonewall Acres, Inc. Land; thence with the Northeastern Line of the said Land, S 42' 21' 25" E - 205.00 ft. to an iron pin (found), a corner to the said Lot 1; thence with the two following Lines or the said Land, N 47° 38' 35" E - 69.23 ft. to an iron pin (found); thence S 42' 21' 25" E - 124.83 ft. to the beginning. Containing: LOT 2A: 1.442 Acres LOT 3A: 1.126 Acres TOTAL : 2.568 Acres L AUEH EE Surveyed: 15 April 1994 114Go. h 1498 VlfteINIA: Piif3t7PRICK00111TY,SOT • Thl► Instrument of wrltlna was pro li- �i� }°ym4n�h +� 1LiLday a� n.rt Iboralo ennOX01 and with corllllculo of ckno+vlodg.' w d with admitted to record. Tax Imposed by $1a e and 50.1.801 have boon paid, 11 aet"41" El • •LL Now taus Yuu a Mnucu •rrerm •t uw ua..w. rw.w.• �IMCII.J�[I.. YIl.M4 #5441 ROSS JONES, ET UX TO DEED EASY LIVING ASSOCIATES 1K626PG810 THIS DEED, made ind dated this 1ab day of September, 1986, by and between ROSS JONES and JOAN B. JONES, his wife, parties of the first part, hereinafter called the Grantors, and EASY LIVING ASSOCIATES, a Virginia Limited Partnership, party of the second part, hereinafter called the Grantee. MITNESSETH: That in consideration of the sum of Ten Dollars 010.00) and other valuable considerations paid the Grantors by the Grantee on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, and pursuant to Section 351 of the Internal Revenue Code of 1954, as amended, the Grantors hereby grant and convey, with general warranty, unto the Grantee in fee simple, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realtyi All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thersunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, along the Northwestern side of U. S. Route No. 11, and being Lot No. Two and a portion of Lot No. One, on the plat of the R. E. Whitacre Development, the realty hereby conveyed fronts on said U. S. Route No. 11, 155 feet, more or less, and extends back along its Northern boundary lips 319,38 feet, along its Southern boundary line 315.02 feet, and has a width in the rear of 155 feett and being the same property conveyed to Ross Jones and Joan B. Jones, his wife, by Dead of Assumption dated April 18, 1969, from Cecil A. Boyce, st ux, and recorded in the Clerk's Office of the Circuit Court for Frederick County, Virginia, in Deed Book 352, at Page 309. The Grantors covenant that they have the right to convey the within described propertyl that the same is free from all liens and encumbrances except as may be hereinabove set forth, and that they will forever warrant and defend the title thereto. • 811 • 11L M"MAM EMI •i+etwsrt •t uw ttttWt.. MtlY A1tlItIfN, MiM\ 1 DK676?G8I I wITNESS the following signatures and sealst STATE OF VIRGINIA� _ OF ltltfwt k�N , to -wit: I, F, a Notary Public in and for the State of Virginia, at -k}, g4, do hereby certify that ROSS JONES and JOAN B. JONES, his wife, whose names are signed to the foregoing instrument, bearing date on the J;1l day of September, 1986, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this �1'� day of s� _, 1986. My Commission expires 0"-1' �g 0 ,aGINtA FREDERICK COUAY, SCT. This instrument of writia was produoed to me on the dar of 9${Q,_, at .3 A? . Nd with cs,Ailicate of lkknowledgmont thereto umoted w,. tmitied to record. Tax Imposed by Sac. 58-94.1 of and Si;,% have been paid, if ane_sab c1.:► . ... ,y,y; ''.,i � ��' ;�•;, ,c,'i�v .4rlk'Ndt+' II'�iaki:X�FfP j 2 G;bIb'// EBY:jds 11-19-91 vawty. �not.wa�w ouw ARdM IS.}yM ".w04u1l..V*10" . nr, #8732 MINNIE E. HART TO: DEED DONALD G. HART, ET UX Da66ItPG810 THIS DEED, made and dated this 19th day of November, 1987, by and between MINNIE 8. HART, widow, party of the first part, hereinafter called the Grantor, and DONALD G. HART and SANDRA R. HART, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convoy, with General warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 0.475 acre, and more particularly described as Lot 2 on that certain plat and survey of L. Allen Ebert, L.S., dated November 4, 1987, attached hereto and by this reference made a part hereof, and being a portion of the same land conveyed to Irvin E. Hart and Minnie E. Hart, with common law right of survivorship, by deed dated May 29, 1961, from Kenneth Earl Whitacre and of record in the Office of the Clerk of the Circuit Clerk of Frederick County, Virginia, in Deed Book 272, at Page 274, where the property was described as Lots 3, 4, 5 of the Kenneth E. Whitacre Development which plat is of record in the aforesaid Clerk's office in Deed Book 226, at Page 222 and further being a portion of the land conveyed to Ervin E. Hart by deed dated July 15, 1975, from Dopald Gene Hart, at ux, of record in the aforesaid Clerk's Office in Deed Book 556, at Page 320. The said Ervin E. Hart, having died on July 1 r C nYtjds 11-19-87 11 r-- Z. ATTOVA" AT LAW r.a,m or.wu.r T.R vwerA aw 7 c { Olt 664PG019 7, 1985, and by his last will and testament recorded in Will Book 87, at Page 611 in the aforesaid Clerk's office, devised the subject property unto his wife, Minnie E. Hart. Reference is here shade to the afore- said plats, deeds, will, and the references contained therein for a further and more,partioular descrip- tion of the property conveyed herein. This conveyance is made subject to all legally enforce- able restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signature and seals KINNIR E. HART STATE Or VIRGINIA County of Frederick, To -wilts 1, �;_ {1a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MINNIE E. HART, widow, whose name is signed to the foregoing Dead, dated 19th day of November, 1987, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 91day of November, 1967. My oossaission expires 7J..;3 /990 s V 0 1J LEGEND: 9— RON PIN SET a--RON PIN F WND J Q w C�3 � V Q N aj wao swcN: IN eK664 c820 6os-P'gs� I '400-0 F 1 � 1 lo W iA n � � v 547N,3Q'3b"t 0'9' P n- O..i M M mQ�1 �a N m 04M N m in Cin 'I F 3 4 oo C13 c o N N 47%3i 35" E a `- 69. 3' a �JF44:-- --�+ � a 39 r N ( so.o' v alnc z 1 o NW K 0 ►- W 0 N in S W , W F- m N ��CLN ar +sa 00- E . IrU4. ARC Mjr- � CfiDRD U. S. ROUTE AMC II 6 s LOT I: 0.192 ACRE LOT 2: 0.475 ACRE LOT 3: 2.093 ACRES BOUNDARY LINE ADJUST►IENT APPROVED FREOERICK COUNTY PLANNING OEPARrMCNT i !'-T!CR11 ARTICLE �£CTION t-4 n O r z L&E N N0. 14M a .: art:;-�..a... x•, � 1� The Accompanying Plat reprre S APAUDARY LINE ADJUSTMENT Survey of Lot 5, Lot 4, and the Remaining Northeastern Portion of Lot 3, K. E. Whitacre Development (A Matter of Record in Deed Book 226, Page 222) conveyed to Ervin E. Hart and Minnie E. Hart by Deed dated 29 May 1961 (in Deed Book 272, Page 274 AND the Remaining Southwestern Portion of the Land conveyed to Ervin E. Hart by Deed dated 15 July 1975 in Deed Book 556, Page 320. The said Land fronts the Northwestern Boundary Line of U. S. Route 11 and the Northeastern Boundary Line of a 60 Ft. Right Of Way, and Iles in Stonewall District, Frederick County, Virginia: Lot 1: Beginning at an iron pin in the Northwestern Line of U. S. Route 11. a corner to the Stonewall Acres, Inc. Land; thence with the said Line, with the Arc Line 69.76 ft. (Chord N 54' 42' 36" E - 69.76 ft., Radius 2.824.79 ft.) to an iron pin, a corner to Lot 3; thence with the Two Following Lines of the said Land, N 42' 21' 25" W - 124.83 ft. to an iron pin; thence S 47' 38' 35" W - 69.23 ft. to an iron pin in the Northeastern Line of the said Stonewall Acres, Inc. Land; thence with the said Line, S 42' 21' 25" E 116.25 ft. to the beginning. Containing: 0.192 Acre Lot 2: Beginning at an iron pin in the Northeastern Line of the Stonewall Acres, Inc. Land, a corner to Lot 3; thence with the Three Following Lines of the said Lot 3, N 47' 38' 35" E - 189.82 ft. to an iron pin; thence 11 42' 21' 25" W - 113.44 ft. to an ironpin; thence S 47' 38' 35" W - 149.61 ft. to an iron pin in the Northeastern Line of the Easy Living Associates Land; thence; with the Two Following Lines of the said Land, S 41' 47' 04" E - 23.68 ft. to an iron pin; thence S 54' 45' 55" W - 40.28 ft. to spike in a tree root, a corner to the said Stonewall Acres, Inc. Land; thence rith the Northeastern Line of the said Land. ' S 42. 21' 25" E -9. 94.75 ft. to the beginning. Containingi 0.475 Acre Lot 3t Beginning at an iron pin in the Northwestern Line d ti- 0 BK664PG822 of U. S. Route 11, a corner to Lot 1; thence with the said Line, with the Arc Line 171.17 ft. (Chord N 52' 16' 00" E - 171.14 ft., Radius 2.824.79 ft.) to an iron pin, a corner to the Easy Living Associates Land; thence with the Four Following Lines of the said Land, N 42' 21' 25" W - 313.67 it, to an iron pin (found); thence N 40' 42' 16" W - 276.56 ft. to an iron pin (found); thence S 22' 39' 00" W - 227.58 ft. to an iron pin (found); thence S 41' 47' 04" E - 131.65 ft. to an iron pin, a corner to Lot 1; thence with the Three Following Lines of the said Land, N 47' 36' 35" E - 149.61 ft. to an iron pin; thence S 42' 21' 25" E - 113,44 ft. to an iron pin; thence S 47' 38' 35" W - 189.82 ft. to an iron pin in the Northeastern Line of the Stonewall Acres, Inc. Land; thence with the said Line, S 42' 21' 25" E - 110.25 ft. to an iron pin, a corner to the said Lot 1; thence with the Two Following Lines of the said Land, N 47' 38' 35" E - 69.23 ft. to an iron pin; thence S 42' 21' 25" E - 124.83 ft, to the beginning. Containing: 2.093 Acres Also shown on the Plat is the 60 Ft, Right i Of Way across the Stonewall Acres, Inc. Land, Also shown on the Plat is the 10 Ft. Easement across the Northwestern Portion of Lot 1. Surveyed: 4 November 1987 VIRGINUk FREDERICK COUNTY, SCT. This instrumaiw ing was produced to me on the ----Z-9--d,y , 19.0 M . and welly c+'liXate of acknowledgment thm annexsd waspCmit'ed to record. Tax imposed by Sac. 5&54.1 of :Z SLS� and 5&54 have been paid, it assessable. CLERK File #0240-02 SGB:bgm • � 020008973 THIS RIGHT OF WAY AND ROAD MAINTENANCE AGREEMENT made this _":- day of May, 2002, by and between EASY LIVING ASSOCIATES, a Virginia limited partnership, party of the first part, and OLIVER L. PAYNE and RUTH B. PAYNE, his wife, parties of the second part. WHEREAS, the parties wish to establish a perpetual right of way for the mutual benefit and egress and ingress to the respective lands of each party and for the extension of utilities to said land; and WHEREAS, the parties wish to agree as to the maintenance of said right of way. NOW, for the mutual covenants contained herein, the parties do hereby establish a perpetual right of way, 50 feet in width, as shown on the plat and survey of Bruce Edens, L.S. dated November 29, 2001, attached hereto and made a part hereof, for egress and ingress to the realty of the parties of the first and second part, their successors in interest and assigns. Specifically said right of way is established for the benefit of the following described tracts of land of the parties: Tracts of land belonging to Oliver L. Payne and Ruth B, Payne Tax Map No. 44-1-D 36.48 acres Deed Book 381, Page 225 Tracts of land belonizine to Easv Livinh Associates Tax Map No. 44-1-D1 9.00 acres Deed Book 468, Page 629 Tax Map No. 44B-1-6 14.71 acres Deed Book 659, Page 693 Tax Map No. 44B-I -3A .44 acre Instrument No. Oa' eY Tax Map No. 44-1-C 30.00 acres Deed Book 468, Page 634 Parties further agree to repair and maintain said right of way in its present condition upon the following terms and conditions: 1. Repairs and/or maintenance shall be performed when the owners or their successors in interest shall agree by unanimous consent in writing. �n N 2. There shall be no obligation to upgrade the road from its present condition; however each party shall have the right to upgrade the road to a superior condition at such party's expense, 3. Any repair or maintenance work so authorized shall be paid in full by the respective parties witlun thirty (30) days of the submission of the bill for such work. 4. Maintenance and repair shall include repairing the road surface, adding stone, clearing obstructions, grading or scraping the road as necessary, cleaning or recutting ditches as necessary, trimming brush along the roadside, unplugging or opening culverts or drainpipes, and performing such necessary work required to maintain reasonable and safe access for motor vehicles. 5. The cost of maintenance shall be divided between the parties prorata based on the number of dwelling units owned by such party (to include future and now -existing subdivision lots and future and now -existing mobile home sites) for which the right of way is used. 6. Neither partyhall obstruct the right of way in any manner. 7. The covenants set forth herein shall run with the land and inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 8. Any party may use the right of way for the extension of utilities (water, sewer, electric and communication), but such party shall repair at its sole expense any damage caused by said extension, and such extension shall not interfere with 0 •CD W W Q0 W egress and ingress. The right of way herein is not dedicated to public use. It will not be maintained by Frederick County or by the Virginia Highway and Transportation Department. 10. This Agreement constitutes the entire agreement between the parties and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. EASY LIVING ASSOCIATES, A Virginia Limited Partnership &Zj, X (SEAL) RUTH B. PAYNE 47 COMMONWEALTH OF VIRGINIA, AT -LARGE: CITY OF WINCHESTER, TO -WIT: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Jacob H. Yost, III, whose name is signed as Partner of EASY LIVING ASSOCIATES, a Virginia Limited Partnership, to the foregoing Right of Way and Road Maintenance Agreement dated the $Ba day of May, 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this �_ day of May, 2002. do r r' (SEAL}^ Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA, AT LARGE: CITY OF WINCHESTER, to -wit: 1, the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Oliver L. Payne and Ruth B. Payne, whose names are signed to the foregoing Right of Way and Road Maintenance Agreement dated the _S& day of May, 2002, has personally appeared before me and acknowledged the same in my State and jurisdiction afoc�said. Given under my hand this day of May, 2002. y111f_ gyp' '�•' Al (SEAR) 0 NOTARY PUBLIC My Commission Expires: File 110240.02 SGB:bgm • • W 0200089'72 � THIS DEED OF CONFIRMATION made and dated this VA day of May, 2002, from OLIVER L. PAYNE, sole surviving Director of The Stonewall Acres Inc., a Virginia corporation which has been dissolved, hereafter called Grantor, and EASY LIVING ASSOCIATES, a Virginia limited partnership, hereafter called Grantee. WITNESSETH: For and in valuable consideration the Grantor does hereby grant, quitclaim, and confirm in fee simple absolute all right, title and interest in the hereafter described property to the Grantee, to -wit: All of that certain lot or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, situate in Stonewall Magisterial District, Frederick County, Virginia, designated as the Southwestern Portion of Lot 3, K. E. Whitacre Development, as shown on the plat of Lee A. Ebert, C.L.S., dated April 9,1971, containing 19,202.10 square feet, of record in Deed Book 381 at Page 221 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia; AND BEING the same land conveyed to The Stonewall Acres Inc. by O. L. Payne, et ux, by Deed dated September 8, 1971, of record in the aforesaid Clerk's Office in Deed Book 381 at Page 233, wherein it is identified as Tract One. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: ,!V.Z' Aw (SEAL) O. L. PAYNE O W t.0 O COMMONWEALTH OF VIRGINIA, AT -LARGE: CITY OF WINCHESTER, to -wit: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that O. L. Payne, whose name is signed to the foregoing Deed of Confirmation dated the 9�h day of May, 2002, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this r i day of May, 2002. 0. hl�ri C�G (SEAL, Notary Public My Commission Expires: d• •o This document prepared by: Stephen G. Butler, Esquire KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C, 112 South Cameron Street P. O. Drawer 2097 Winchester, VA 22604 (540)662-3486 nts utstrument jr mL.. Ig was produced to me on ,,•.,; with�tertiucarc of .:acn i,,tgcmeni thrroo,Ir�*'„sed was ad tted to reeord,'ra imposed by Sec 58.1-802 of aau158.1-801 have been paid, if assessable 4"' /' n' v Clerk • 0 i 's 7563- lytti`l EBYMilb 1 0 0 N0 B1(903FG0244 THIS DEED, made and dated this 22-- day of April, 1998, by and between MINNIE E. HART, hereinafter called the Grantor, and EASY LIVING ASSOCIATES, a Virginia limited partnership, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of those two certain lots or parcels of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, the.first containing approximately .19 acres and the second containing 1,126 acres, more or less, and described respectively as Lots 1 and 3A on that certain plat and survey of L. Allen Ebert, L.S. dated April 15, 1994 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 819, at Page 1227 through 1229, and by this reference made a part hereof as if set out full. AND BEING a portion of the same land conveyed to Ervin E. Hart and Minnie E. Hart, his wife, as tenants by the entirety with right of survivorship as at common law, by deed dated May 29, 1961 from Kenneth Earl Whitacre, et ux, of record in the aforesaid Clerk's Office in Deed Book 272, at Page 274. The said Ervin E. Hart died on July 7, 1985 and his interest in the subject property passed to his wife, Minnie E. Hart, by the aforesaid survivorship provision. Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. QK903PG02It5 The Grantor does hereby covenant that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: (SEAL) MINNIE E, HART STATE OF VIRGINIA CITY OF WINCHESTER, To -wit: I, Lu.t , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MINNIE E. HART, whose name is signed to the foregoing Deed, dated P ;? day of April, 1998, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -a day of April, 1998. My commission expires 2A. W 1 �Nota�blic 1RE10WIA: F�RIpC(�UNi1ti 8CF. , �'' :QJ •��., Q4 . Th Instrument�•pf� vtriting woo r uc•d fne n • day of and with certificate of acknowledgment thereto annexed wat a mated to record. Tex Imposed by Sec. 18.1.802 of and 511.1.801 have been paid, if assessable. 4 "'ti T LA , Cerk 2 k7219 J. H. YOST, III, & UX TO: DEED OF ASSUMPTION EBY:jds EASY LIVING ASSOCIATES 9-22-87 6X 6 5 9 PG 6 9 3 i ! THIS DEED OF ASSUMPTION, made and dated this 2/"day of \Cn 1 f\ � '" , 1987, by and between J. H. POST, III, and i PAULA H. YOST, his wife, parties of the first part, hereinafter called the Grantors; and EASY LIVING ASSOCIATES, a Virginia Limited Partnership, party of the second part, hereinafter called the Grantee; JOHN R. PROSSER, Trustee, party of the third part; and FARMERS b MERCHANTS NATIONAL BANK, party of the fourth part, hereinafter called the Beneficiary. J a WITNESSETH: That for and in consideration of the sum it 7 of Ten Dollars ($10.00), cash in hand paid and other valuable consideration paid the Grantors by the Grantee on or before the delivery of this deed, the receipt of which is hereby acknowl- edged, the Grantors hereby grant, sell, and convey, with General {� Warranty and with English Covenants of Title unto the Grantee as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, containing 14.713 ncres, a portion of which fronts on the westerly side of U.S. Route 11, approximately five (5) miles North of Winchester in Stonewall MnRis- terial District, Frederick County, Virginia, and more particularly described by the plat and survey of H. Bruce Edens, C.L.S., dated June 5, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 618, at Page 647; and being the some property conveyed to the Grantors herein by Deed dated June 11, 1986, from Minnie H. Hart, widow, and recorded in the aforesaid Clerk's Office in Deed Book 618, at Page 645. Reference is here made to the aforesaid plat, deed, and the references contained therein for a further and more particular description ! of the property conveyed herein. KULL., t aw ♦1 T0"V6 AT LA* 7--Tw %swi p v 11 I FWCu/,TTN.V AW*A 1 • • F.BYi jds 0-12-87 SK659FG694 This conveyance is made subject to all legally enforceable I restrictive covenants and easements of record affecting the aforesaid realty. The property herein conveyed is subject to a deed of trust dated June 11, 1986, executed by the Grantors to John R. Prosser, Trustee, et als, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 618, at Page 649, which deed of trust secures the payment of a certain obligation in the initial principal sum of Fifty Thousand and 00/100 Dollars ($50,000.00), bearing even date therewith, payable on or before June 11, 2011, to the Farmers & Merchants National Bank. The Grantee, as evidenced by their joining in this instrument and as part of the considera- tion for this conveyance, hereby agrees to assume the payment and discharge of the aforementioned obligation, including princi- pal and interest on the unpaid principal balance, to assume all other obligations set forth in said deed of trust, and to save the Grantors harmless by reason of the Grantee herein failing to discharge said indebtedness. The unpaid balance of said obligation, including principal and interest, as of the /day of ,�� 1987, is � iv A,_ �04� T•-r �.J4!/ r►L..-i —� • A, -,Dollars ($'JI 1 The party of the third and the party of the fourth part as the secured party and present noteholder under the aforemen- tioned Deed of Trust join in this Deed of Assumption for the purpose of evidencing its consent.to the assumption by the Grantees of the Deed of Trust hereinabove mentioned, and hereby releases the said J. H. Yost, III and Paula H. Yost, his wife, and hold them harmless thereto. II WITNESS the following signatures and seelst MM1I�. I I wl,pCr(W0,Ir0, I • o�w - 2 - n, TonMt.� �r uw .•c+m..c.,rnM,r I r]W, I 4 1:BY: j d a 1-22-87 r 4 K41�. . r.nnCK.VwrW m� 1A1 \ r«KZWT21«!R r ro «fs"K, MO." cxs59rc695 (SEAL)I (SEAL)I (SEAL) llv, General and Managing PerL Living Associates (SEAL) PRUSSER, Trustee FARMER$ & MERCNAN NAT ONAL BANK By: O� f (SEAL) STATE OF VIRGINIA oE V + 1 To -wit: I, /1 n ( k 04j a Notary Public in and for theAtate and jurisdiction aforesaid, do hereby certify that J. N. YOST, III and PAULA if. YOST, his wife, whose names are signed to the foregoing Deed of Assumption, bearing date the ol'i'rday of , 1987, have this day personally appeared before me and acknowledged the same. _ I Given under my hand this ��`W' day of , 1987. My commission expires,i / %,)0- 127 Notary Public STATE OF VIRGINIA + � of , To -wit: I, , a Notary Public in and for th State and jurisdiction aforesaid, do hereby certify that J. H., YOST, III, General and Managing Partner I� of Easy Living Associates, whose name 1s signed to the foregoing (I Deed of Assumption, bearing date the .ly±" day of , 1987, has this day personally appeared before ■e and acknowledged -3- 0 L� EBY:jds 9-22-87 r»RoelroRror � ow. �rroRRln •r uul 1 1n 1PUM al Yt 11Rl lT M�RCwIirl� VM�GIRIA ; 17p1 t sK659rG696 the same. Given under my hand this ayiLdsy of 'y i4tI7✓i� My commission expires Notary PVblic STATE OF VIRGINIA (! ttt_of / i , To -wit: j I, 4r" 2 , a Notary Public in and for the4/State and juriad ction aforesaid, do hereby certify that JOHN R. PROSSER, Trustee, whose name is signed to the foregoing Deed of Assumption, bearing date the (?` 1l'day of , 1987, has this day personally appeared before me and acknowledged the same. / Given under my hand this^ `M, day of 'I hri1.047 My commission expires �r% F1. L1 to /L, .I i Notary u STATE OF VIRGINIA of , To -wit: � a Notary Public in and for e stateandjurisdiction aforesaid, do hereby certify that 7?_ �,,4c_f-- as a duly authorized officer of FARMERS & MERCHANTS NATIONAL BANK, whose name is signed to the foregoing Deed of Assumption, bear- ing date the day of , 1987, has this day personally appeared before me and acknowledged vthe same. Given under my hand this day of bl !t , 1987. ` My commission expires Q4.I;C /3.1990 I otary u /.R3114A FREDsMC1C CJ(f11TY, SCf. Tidy uislrunwiit of utI" was ploducod to me on tho day of 1J•_�? , nt and wills cwlilwalj a ackinunl Ihorulu aunecud was ,dmittad lu ricurd. '1'a4 wii..ri­I i,y S:c. Lid .i•1. 1 ul t i mud SJ-5.1 6dvu Ix --en paid, i1 aj3u�s4le. I r ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 159840002 FRQ: t Sup#: Name: EASY LIVING ASSOCIATES Account#: 19175 Name 2: _._.___....� Map#: Address: Description: 1.44 ACRES 2499-3 MARTINSBURG PIKE STEPHENSON, VA 22656 Bill Date: F12/05/2006 Due Date: 12/05/2006 Land: $43,500 Improve: $44,200 Use: Original Bill: �$230.21 Payments: $230.21- Acres: 1.44 Penalty Paid:! Int Paid: Discount: Amount Owed:1 Other: Last Date: 1 12/05/2006 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 die website again. 1ii3tC f)'13('. T i'klllSkiCtlOii V A A InounI Balanc(' 12/5/2006 Charge 0 $230.21 $230.21 12/5/2006 Payment 7597 ($230.21) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPubliclnquiry/ViewDetail.aspx 3/21/2007 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 95890002 FRQ: IG Sup#: l0 — Name: JEASY LIVING ASSOCIATES Account#: 18808 Name 2:�VVY Map#: 44B 1 2 Address:�� _ Description: �1.10 ACRES 2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 Bill Date: 12/0512006� Due Date: 12/05/2006 Land:�$52,500 Improve: 1 $110,500 Use: I Original Bill: $427.87 Payments: F__ $427.87- Acres: F 1.10 Penalty Paid:1 Int Paid: I - —� Discount: r Amount Owed:l---��-� Other: I Last Date: i 12/05/2006 Total Owed: Penalty: C____�________� _ Interest: I 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 Nvebsite again. Date Type Transaction ;i Aniount t Blame 12/5/2006 Charge 0 $427.87 $427.87 12/5/2006 Payment 7600 ($427.87) $0.00 1 Use the print Ivey for your browser to print a copy of taxes paid for this year. New Search ( Previous https://www.co.frederick.va.us/applications/REPubliclnquiry/ViewDetail.aspx 3/21 /2007 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : JRE2006 Ticket #: 1 95900002 FRQ: [2 -., Sup#: J0 Name: EASY LIVING ASSOCIATES Account#: 8810 Name 2: Map#: 44B 1 3 - Address:Description: r19 ACRE 12489-3 MARTINSBURG PIKE ST—CPA ENSON,�� Bill Date: 12/05/2006 Due Date: 12/05/2006 Land: $21,000 Original Bill: I 4ibb.al Penalty Paid:1 Amount Owed:1 Total Owed: Improve: ] $300 Payments: $55.91- Int Paid: Other: Penalty: Use: j Acres: 0.19 Discount: Last Date: 1 12/05/2006 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 clieck the website again. Efate e Transaetlon rl ;amount Balance 12/5/2006 Charge 0 $55.91 $55.91 12/5/2006 Payment 7601 ($55.91) $0.00 1 Use the print lcey for your browser to print a copy of taxes paid for this year. New Search Previous littps://www.co.1'rederick.va.us/applicatioiis/REPubliclnquirylViewDetail.aspx 3/21/2007 ViewDetail 0 • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket th 1 9591 0002 FRQ: V Sup#: FCF- Name: EASY LIVING ASSOCIATES Account#: 18809 Name 2: �...�.� Map#: Address: Description: F44 ACRE J2489-3 MARTINSBURG PIKE STEPHENSON, VA 22656 Bill Date: 12/05/2006 _. Due Date: [ 2/05/2006 Land: $35,000 Improve: L. $500 Use: I Original Bill:F­y-$93.19 Payments: $93.19- Acres: 0.44 Penalty Paid:1�- Int Paid: I� Discount: I��-�- Amount Owed: Other: Last Date: 12/05/2006 TotalOwed:F_.__ _ Penalty: W Interest: Note that il'payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website amain. 1tntc ty1), a'ransaction; Anuruni Babinec 12/5/2006 Charge 0 $93.19 $93.19 12/5/2006 Payment 7596 (.$93.19) $0.00 1 Use the print Icey for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPubliclnquiry/ViewDetail.aspx 3/21 /2007 ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 1 95920002 FRQ: I` Sup#: Name: JEASY LIVING ASSOCIATES Account#: Iffi1 Name 2: �Map#: [4413 1 4 Address:F--- Description: 1.13 ACRES F2489-3 MARTINSBURG PIKE Bill Date: �12/05/2006 Due Date: 12/05/2006 Land:1 $51,000 Improve: � $154,600 Use: Original Bill: $539.70 Payments: , - $539.70- Acres: 1.13 Penalty Paid: Int Paid: Discount: Amount Owed: Other: F— Last Date: F 12/05/2006 Total Owed: �W Penalty: Interest: F— 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 }pry Transaction "I :mount Balance 12/5/2006 Charge 0 $539.70 $539.70 12/5/2006 Payment 7595 ($539.70) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://www.co.frederick.va.uslapplications/REPubliclnquirylViewDetail.aspx 3/21/2007 ViewDetail • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 95930002 FRQ:I` Sup#: Name: EASY EIVING�ASSOCIATES Account#: 18812 Name 2: Map#: 44B 1 6 Address: Description �14.71 ACRES___.�....___._______�__.�_w_.W.. 2489-3 MARTINSBURG PIKE STEPHENSON, VA r2656 Bill Date: 112/05/2006 Land: $187,100 Original Bill: $645 75 Penalty Paid: Amount Owed • Total (hved:r�________.__._______� I)ue 1)ate; 12/05/2006 Improve: $58,900 Use: Payments: $645.75- Acres: 14.71 Int Paid: Discount: Other: Last Date: 12/05/2006 Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items play not be posted at this time. Please check the website again. D11te Type 9 a[111421Ct1(ffl i Amount Bahlne(` 12/5/2006 Charge 0 $645.75 $645.75 12/5/2006 Payment 7594 ($645.75) $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.frederick.va.us/applications/REPubliclnquiry/ViewDetail.aspx 3/21/2007 0 Peter K. McKee (1934-1967) Benjamin M. Butler Stephen G. Butler Edwin B. Yost Law Offices McKEE & BUTLER, P.L. C. 112 South Cameron Street Winchester, Virginia 22601-4733 TELEPHONE (540) 662-3486 FAX (540) 667-2180 April 3, 2007 Mr. and Mrs. Oliver Payne PO. Box 160 Stephenson, VA 22656 Re: Right of Way through Easy Living Dear Mr. and Mrs. Payne, Please Reply To: Post Office Drawer 2097 Winchester, VA 22604-1297 Enclosed is a copy of the signed agreement dated April 3, 2007, regarding our shared right of way. Please feel free to contact me if you have any questions. Thank you, Edwin B. Yos EBY/law Enclosure cc: J.H. Yost, III (w/encl) Greenway Engineering (w/encl) APR 0 4 Z007 • 0 THIS AGREEMENT, made and dated this 3Td day of April, 2007, by and between Easy Living Associates, a Virginia Limited Partnership, party of the first part, and Oliver L. Payne and Ruth B. Payne, his wife, party of the second part. Whereas, the parties hereto are owners of adjacent parcels of land located in Frederick County, Virginia, and have previously entered into a Right of Way and Road Maintenance Agreement dated May 8, 2002, of record in the Office of the Circuit Court of Frederick County, Virginia, as Instrument Number 020008973, and; Whereas Easy Living Associates, as a part of its rezoning request may desire to dedicate a new 50' right of way and to vacate a portion of the old 50' right of way as set forth on the attached Generalized Development Plan, and; Whereas the parties wish to set for the terms of said dedication and vacation. WITNESSETH: Now, therefore, for the sum of ten dollars, other valuable consideration, and the mutual covenants contained herein, where both parties acknowledge the sufficiency of each, the parties agree as follows: 1. That in the event the Easy Living property is rezoned, Easy Living will grant a new 50' right of way to the parties of the second part, as set forth on the attached plan. 2. That the installation of the new road will be at the cost of Easy Living and it will be, at the least, in the same condition of the existing roadway. 3. That the parties of the second part will join in the execution of a document that establishes the new right of way and vacates the old. 4. The parties hereto acknowledge that the location of the right of way depicted on the attached Generalized Development Plan is the approximate location, but it may vary slightly. parties. 5. That this agreement shall be binding on the successors, heirs and assigns of the 1 Y WITNESS the following signatures and seals: EASY LIVING ASSOCIATES (SEAL) J. . O , III G ral Partner '� Z"; di . (SEAL) OLIVER L. PAYNE RUTH B. PAYNIf1by her attorney -in -fact, OLIVER L. PAYNE STATE OF VIRGINIA CITY/COUNTY OFTo-wit: I, )q, W11J6E 12 , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that J.H. Yost, III, whose name is signed to the foregoing Agreement bearing date the 3 r)l day of April, 2007, has this day personally appeared before me and acknowledged the same. Given under my hand this 3 day of ,r i , 2007. My commission expires &V -3 L) 2 STATE OF VIRGINIA CITY/COUNTY OF , To -wit: I, / ee,,w,4 A KIN,47t'R , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Oliver L. Payne, whose name is signed to the foregoing Agreement bearing date the3 r4i day of April, 2007, has this day personally appeared before me and acknowledged the same. Given under my hand this 3 r day of &r i 12007. My commission expires Notary PubT�-�J STATE OF VIRGINIA CITY/COUNTY OF , To -wit: I, .Ge-ONA 4, 0 NF z R , a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Oliver B. Payne as Attorney -in -Fact for Ruth B. Payne, whose name is signed to the foregoing Agreement bearing date the 3 r511-1day of April, 2007, has this day personally appeared before me and acknowledged the same. rye Given under my hand this 3 day of i , 2007. My commission expires r 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: May 14, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #03-07 for Easy Living Commercial Center. 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: RSA/pd Easy Living Mobile Home Park 2211 Roosevelt Blvd. Winchester, VA 22601 107 worth Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • , DATE? NO. 0 3 3 RECEIVED FROM r`►�/ `!vie h'Y' 4 i�t�'-v AD \ _'DRESS 1%G cQI �7, .t � �y...'Ht.t �3✓v`�"� .iv`tv� � itli.''t��;�-�i)`tv � 1 !` -^ � CEO DOLLARS FOR RENT FOR .! )ten 1v ACCOUNT AMT. OF HOW PAID ACCOUNT 1 1 CASH AMT. PAID i - CHECK t V BALANCE t t - ( y MONEY DUE ORDER —7� BY Pd by PLANNING Check L4JUl.4u it .. BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2007 u �v+ 1 LS A L% L l L t L 1 if . vJ V vV 1 /DERICK COUNTY Date v3/27/2007 WILLIAM ORNDOFF, JR Register: JKH/LK ,7.0. BOX 225 Trans. #: 36983 Dept # 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 PLANNING Amount Paid $ 100.00 *Balance Due $ .00 Cash 450.00 Pd by PLANNING Check 24507.20 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2007 0 0 /fN GREENWAY ENGINEERING %49 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L MAY 1 1 2007 Project Name: Easy Living Associates Commercial Rezoning Proffer Statement File No: 0633 Date May 10, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Copied Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other Phone: 540-662-4185 Fax: 540-722-9528 ® Courier ❑ Urgent ® For Your Review ® As You Requested ❑ Pick tip ® Please Comment Message: Hi Mike, Please find attached the final Proffer Statement for the Easy Living Associates Commercial Rezoning that has been signed and notarized. This Proffer Statement has been revised to incorporate the new language under item D(6) as we discussed as a conditional of Board approval last evening. Please provide me with your final approval letter for this project at your earliest possible convenience. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A Project Name: Easy Living Commercial Rezoning IM File No: 0633 Date May 1, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review ® Courier ® As You Requested ❑ Pick Up ® Please Comment Message: IIi Mike, Please find attached the final Proffer Statement that provides for the revisions that we discussed yesterday, as well as 28 copies of the attached GDP and corridor enhancement exhibit. Please advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: _ Received By: �__ Date, 0 0 GREENWAY ENGINEERING \47 151 Windy Hill Lane Founded ;„,9„ Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Easy Living Commercial Rezoning Application File No: 0633 Date March 23, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review ® Courier ❑ As You Requested ❑ Pick Up ® Please Comment Message: Hi Mike, Please find attached a complete set of the required information for the filing of the Easy Living Commercial Center Rezoning Application, including two additional binder copies and 44 color copies of all maps and exhbits. Please schedule this application for the April 18, 2007 Planning Commission agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 0 0 EL 0 Easy Living Estates Tz W6Os - Op. It J 14-7-4 7 REZONING PUBLIC HEARING -665.5E 0 COUNTY of FREDERICK i�Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 25, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-07 FOR EASY LIVING ASSOCIATES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 9, 2007, 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 903-07 of Easy Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition) District, totaling 19.02 acres, with proffers, for commercial uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-1-B, 4413-1-2, 4413-1-3, 44B-1-3A, 4413-1-4 and 4413-1-6. Any interested parties having questions or wishing to speak may attend the 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' Michael T. Ruddy, AICP Deputy Plamiing Director MRT/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to certt that the attached correspondence was mailed to the following on 07 from the Department of Planning and Development, Frederick County, Virginia: 44B - 1 10-A 44 • 1- - C- PYNE, DONALD A & DOROTHY L EASY LIVING ASSOCIATES 2565 MARTINSBURG PIKE 2489.3 MARTINSBURG PIKE STEPHENSON, VA. 22656-1718 STEPHENSON, VA 22656.1746 0L))0' !/ 44B • 1- - 8- SIMMONS, ANN H. C/O DAVID HIETT Greenway Engineering 2543 MARTINSBURG PIKE 151 Windy Hill Lane STEPHENSON, VA. 22656.0324 Winchester, VA 22602 �44B - 1- - 7- CAMPBELL, STEPHANIE J 44 - 1- - D- 2537 MARTINSBURG PIKE PAYNE, 0. L. & RUTH B. STEPHENSON, VA 22656-1718 PO BOX 160 STEPHENSON, VA. 22656.0160 44 • A• • 50- 44 . 1- . A• CUTSHAW ENTERPRISES, L C SIMKHOVITCH, RONALD S. & PO BOX 2337 2929 VALLEY AVE WINCHESTER, VA 22604.1537 WINCHESTER, VA. 22601.2631 44B - 1- - 12-D WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656.1708 44B-1--11-A �`�`C✓�`�.< �, ��. STRAIGHT, MARY R PO BOX 356 Michael T. Ruddy, Deputy Planning Director STEPHENSON, VA 22656.0356 Frederick County Planning Department STATE Ot' VIRGIIN1A COUNTY OF FREDERICK I, w , a Notary Public in and for the State and County aforesaid, dot5breby certify that Aichael T. Ruddy, Deputy Planning Director for the Department of Plann' g and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand My commission expires on day ofae�j- o07 0-7 r NOTA PUBLIC DV (-� "--- 44 - A- - 49- SHANHOLTZ, DAVID L ET ALS 830 OLD BETHEL CHURCH RD WINCHESTER, VA 22603.4156 44 - A- - 48- MCKEE, JANNEY T. CIO MOULDEN, MELVIN 932 ALLEN DR WINCHESTER, VA. 22601.5830 44 - A- - 48-A THARP, SHARON M 1855 SENSENY RD WINCHESTER, VA 22602.8908 44 - A- - 47- CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER, VA 22603.1646 44 - A- - 43- BISHOP, GREGORY A AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603.4065 44B - 1- - 1- DT SHIRLEY PROPERTIES, LLC 2455 MARTINSBURG PIKE STEPHENSON, VA 22656.1756 00: BARBARA-DATA PROCESSING G� FROM:BEV - Planning Dept. Easy Living,4ssoeiates Commercial Cent 5 Please print'rop sets of labels by PJAJS li`t_�'a ��%"I ,-�; ��, `� v2 THANKSI NUMBER TAX MAP OWNER' AuuncSS 1 44 1 C LZ EASY LIVING ASSOCIATES 2489-3 MAR' 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MAR' 3 44 1 D V PAYNE, O. L. & RUTH B. PO BOX 160 4 44 1 A SIMKHOVITCH, RONALD S. & 2929 VALLE' 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MARTII 6 44B 1 12B SIMKHOVITCH, RONNIE S JR 2601 MARTII 7 44B 1 12A 8 44B 1 12 9 44B 1 11A V DYE, JANET S. PO BOX 356 10 44B 1 11 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MARTII 12 44B 1 10A1 13 44B 1 9 14 44B 1 8 V SIMMONS, ANN H. C/O DAVID HIETT 2543 MARTII 15 44B 1 7 ✓ CAMPBELL, STEPHANIE J 2537 MARTII 16 44 A 50 CUTSHAW ENTERPRISES, L C PO BOX 233 17 44 A 49 ✓7 SHANHOLTZ, DAVID L ET ALS 791 MARPLE 18 44 A 48 .✓ MCKEE, JANNEY T. C/O MOULDER MELVIN 932 ALLEN C 19 44 A 48A THARP, SHARON M 1855 SENSE 20 44 A 47 ✓ CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDIN( 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGE,' 22 4413 1 1 D T SHIRLEY PROPERTIES LLC 2455 MARTII 3/23/2007 Adjoining Proper COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #03-07 FOR EASY LIVING ASSOCIATES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 18, 2007, 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 #03-07 of Easy Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition) District, totaling 19.02 acres, with proffers, for commercial uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-1-B, 44B-1-2, 44B-1-3, 44B-1-3A, 44B-1-4 and 44B-1-6. Any interested parties having questions or wishing to speak may attend the 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, d f Michael T. Ruddy, AICP ; Deputy Planning Director MRT/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 0 • This is to certify th7()--7 t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virizinia: 44 - 1- - B- EASY LIVING ASSOCIATES 2499-3 MARTINSBURG PIKE STEPHENSON, VA 22656.023EI ^ 1 O '" Greenway Engineering 151 Windy Hill Lane �KQ V Winchester, VA 22602 44 - 1- - D- PAYNE, 0. L. & RUTH B. PO BOX 160 STEPHENSON, VA. 22656-0160 44 - 1- - A- SIMKHOVITCH, RONALD S. & 2929 VALLEY AVE WINCHESTER, VA. 22601-2631 44B - 1- - 12-D WAMPLER, JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON, VA 22656.1708 44B - 1- - 11-A STRAIGHT, MARY R PO BOX 356 STEPHENSON, VA 22656.0356 STATE OF VIRGINIA COUNTY OF FREDERICK 44B - 1- - 10-A PYNE, DONALD A & DOROTHY L 2565 MARTINSBURG PIKE STEPHENSON, VA. 22656.1718 44B - 1- - 8- SIMMONS, ANN H. CIO DAVID HIETT 2543 MARTINSBURG PIKE STEPHENSON, VA. 22656.0324 44B - 1- - 7- CAMPBELL, STEPHANIE J 2537 MARTINSBURG PIKE STEPHENSON, VA 22656.1718 44 - A- - 50- CUTSHAW ENTERPRISES, L C PO BOX 2337 WINCHESTER,VA 22604.1537 Michael T. Ruddy, Deputy Planning Directo Frederick County Planning Department a Notary Public in and for the State and County aforesaid, dAereby certify that Mi ael T. Ruddy, Deputy Planning Director for the Department of Plat/7 and Development, whose name is signed to the foregoing, dated 6 k % , has personally appeared before me and acknowledged the same in my State/and County aforesaid. L, Given under my hand this _? day of C'/J1li ,tG, a67 My commission expires on �d b NOTARY UBLIC 44 - A- - 49- SHANHOLTZ, DAVID L ET ALSIS .1 830 OLD BETHEL CHURCH RD WINCHESTER, VA 22603.4156 44 - A- - 48- MCKEE, JANNEY T. CIO MOULDEN, MELVIN 932 ALLEN DR WINCHESTER, VA. 22601.5830 44 - A- - 48-A THARP,SHARON M 1855 SENSENY RD WINCHESTER, VA 22602-8908 44 - A- - 47- CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDING RIDGE LN WINCHESTER, VA 22603.1646 44 - A- - 43- BISHOP, GREGORY A AMARI, THOMAS 285 BOGGESS LN WINCHESTER, VA 22603.4065 44B - 1- - 1- DT SHIRLEY PROPERTIES, LLC 2455 MARTINSBURG PIKE STEPHENSON,VA 22656.1756 0 • 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Easy Living File No: 0633 Date: May 1, 2007 To: FC Planning Attn: Mike Ruddy Copied Delivery: F Fed Ex ❑ Other_ ❑ U.S. Mail From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 F Courier ❑ Pick Up ❑ Urgent CVJ For Your Review ❑ As You Requested ❑ Please Comment Message Mike, Attached is the following: -28 copies each of 7 exhibits and adjacent property owners list for the rezoning application Thank you for your assistance. Call with any questions or need for additional copies. Hand Delivery and Pick Ups Only: _ .1 2007 r Received by: Date: 3 Please Print Name: Easy Living Associates Commercial Center TO:BARBARA-DATA PROCESSING FROM:BEV - PI ning Dept. Please pri sets of labels by �� m THANKS! 'roF NUMBER TAX MAP OWNER muuncSS 1 44 1 C EASY LIVING ASSOCIATES 2489-3 MAF 2 44 1 D1 EASY LIVING ASSOCIATES 2489-3 MAF 3 44 1 D PAYNE, O. L. & RUTH B. PO BOX 16( 4 44 1 A SIMKHOVITCH, RONALD S. & 2929 VALLE 5 44B 1 12D WAMPLER, JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MART 6 44B 1 12B SIMKHOVITCH, RONNIE S JR 2601 MART 7 44B 1 12A 8 44B 1 12 9 44B 1 11A DYE, JANET S. PO BOX 351 10 44B 1 11 11 44B 1 10A PYNE, DONALD A & DOROTHY L 2565 MART 12 44B 1 10A1 13 44B 1 9 14 44B 1 8 SIMMONS. ANN H. C/O DAVID HIETT 2543 MART 15 44B 1 7 CAMPBELL, STEPHANIE J 2537 MART 16 44 A 50 CUTSHAW ENTERPRISES, L C PO BOX 23: 17 44 A 49 SHANHOLTZ, DAVID L ET ALS 791 MARPL 18 44 A 48 MCKEE, JANNEY T. C/O MOULDEN, MELVIN 932 ALLEN 19 44 A 48A THARP, SHARON M 1855 SENSI 20 44 A 47 CAMPBELL, BEVERLY L & GARLAND L SR 114 WINDIr 21 44 A 43 BISHOP, GREGORY A & AMARI, THOMAS 285 BOGGE 22 44B 1 1 D T SHIRLEY PROPERTIES LLC 2455 MART i 3/23/2007 Adjoining PropE REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be co»zpleted by Planning Staff: Fee Amount Paid Zoning Amendment Number Date Receive PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: l01 3. 4. Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Easy Living Associates Telephone: (540) 662-3486 Address: 112 South Cameron Street Winchester, VA 22601 Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 Checklist: Check the following items that have been included with this application. Location map ® Agency Comments ❑ Plat ❑ Fees ❑ Deed to Property ❑ Impact Analysis Statement Verification of taxes paid ❑ Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Easy Living Associates, Jacob H. Yost III, Manager 6. A) Current Use of the Property: B) Proposed Use of the Property: Residential and Unimproved Commercial 7. Adjoining Property: Please refer to attached Adjoining Property Owner List PARCEL ID NUMBER I USE I ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The subject property is located on the west side of Martinsburg Pike (U.S. Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection. 0 0 Information to be Submitted for Capital Facilities Imllact Model' d.: t In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 44-((1)),;�B, 44B--.- ((1))-2, 44B-((1))/ 44B-((I ))-3VA;'44B-((1)) Vand 44B-((I ))-6 Magisterial: Fire Service: Rescue Service to. it. Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 4.02 RA District B-2 District 15.0 RA District B-3 District 19.02 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes Non -Residential Lots Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Multi -Family Hotel Rooms: * The Proffer Statement limits the square footage of development to 30,000 square feet of commercial within the B-2 District and 90,000 square feet within the B-3 District portions of the Property. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 1 (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 bet of my (our) knowledge. Applicant(s): Date: 5 lo Owner (s): Date: Cl Ll u NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON MARCH 18, 2004. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. SEE SHEET 2 FOR COURSE INFORMATION. 44-1-D1 EASY LIVING ASSOCIATES 468/629 44-1-0 O.L. & RUTH B. PAYNE 381/225 `r A 44-1-A 9�y• RONALD S. & VELMA D. SIMKHOVITCH �F s 883/181 •' 14.714 44B-1-120""X ACRES WAMP ER'S MOBILE TM #448-1-6 HOMES 927/1092 (14.004 ACQ PROPOSED ZONING (15.006 AC) w 4. A9- �s, 1441 �` 9- ,� f 8A6� Nw ; ACRES 4- TM #44-1-B (1.002 ACQ �O 44-1-C 4 EASY LIVING 60' R/W ASSOCIATES ESMT. IN all `y eq�i 802/1267 468/634 �OIsFyp9 �82 f8 �fip lrssr�e O�,tilF`Bf 60�9GGy �r �C �p 9F 1.126 ACRES TM #446-1-4 s 0.192 ACRES TM �448-1-3 TM #44B-1-1 CHARLES EDWARD & 05 PROPOSED EVELY 5 I). SHIRLEY 2/305 g 2 ZONING (4.021 AC) PROPOSED REZONING PLAT EASY LIVING ASSOCIATES LAND STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE:1" = 200' DATE: AUGUST 31, 2006 PRESENT OWNER: EASY LIVING ASSOCIATES SEE SHEET 2 FOR TAX MAP AND DEED INFORMATION PROJECT #70650 )OOltilec S -9 se c, �� Q J09i�y9 5 �ti9i JJ5r 9��y94B J sB�sr��o PLT H Or MICHAEL M. ART; No. 1951 SUR��-(a� • • CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 2824.79' 100.26' 100.26' S 42'28'24" W 02'02'01" C2 2824.79' 171.14' 171.11' S 45'13'33" W 03*28'16" C3 2824.79' 69.78' 69.78' S 47'40'08" W 01'24'55" C4 762.13' 60.67' 60.65' S 48'59'30" W 04'33'40" C5 2824.79' 155.83' 155.81' S 51'11'14" W 03'09'38" LINE BEARING DISTANCE L1 S 47'58'26" W 34.43' L2 S 47'49'52" W 100.68' L3 S 49'28'27" E 304.27' L4 N 49'34'25" W 310.33' L5 N 47'42'31" E 215.61' L6 S 49'25'02" E 94.75' L7 N 40'34'25" E 239.86' L8 N 49'24'49" W 64.79' L9 N 49'24'49" W 248.88' L10 N 49*28'13" W 116.43' L11 N 49*23'12" W 109.95' L12 N 40'39'59" E 69.31' L13 S 49'26'16" E 124.94' L14 S 49'25'34" E 319.76' L15 N 47'44'34" E 40.28' L16 N 48'54'26" W 155.23' L17 N 47'41'00" E 201.44' PRESENT OWNER: EASY LIVING ASSOCIATES AREA TABULATION " 1' II.']�17 Yi�iiP►li.[e>r TM #44B-1-2 1.113 AC. TM 44B-1-3 0.192 AC. TM 44B-1-3A 0.441 AC. TM #448-1-4 1.126 AC. TM #44B-1-6 PART OF 0.710 AC. TM #44-1-8 PART OF) 0.439 AC. TOTAL B2 ZONING: 4.021 AC. PROPOSED B3 ZONING: TM #44B-1-6 (PART OF) 14.004 AC. TM #44-1-B (PART OF) 1.002 AC. TOTAL B3 ZONING: 15.006 AC. TM #44B-1-2 1.113 ACRES DB 626, PG 810 TM #44B-1-3 0.192 ACRES DB 903, PG 244 TM #44B-1-3A 0.441 ACRES INST.# 020008972 TM #44B-1-4 1.126 ACRES DB 903, PG 244 TM #44B-1-6 14.714 ACRES DB 438, PG 629 TM #44-1-B 1.441 ACRES INST.# 060016824 COURSE SHEET FOR PROPOSED REZONING PLAT EASY LIVING ASSOCIATES LAND STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: AUGUST 31, 2006 PRESENT OWNER: EASY LIVING ASSOCIATES 'R(iJI CI # IOWW of'r�P�"I H OF Li MICHAEL M. ARTZ v No. 19/51 "�. A7O SUR`1F' Artz and Associates, PLC A Subsidiary of Valley Engineering, PLC LAND SURVEYING LAND PUNNING DEVELOPMENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 DEPT. OF GEOGRAPHIC gATION SYSTEMS FREDERICK COUNTY, VIRGRfU GIS, MAPPViG, GRAPHICS W ORK RE QUE sT DATE RECEIVED: O REQUESTED COMPLETION DATE: lo-7 REQUESTING AGENT: Department, Agency, or Company:- MaiEn.g and/or Billing Address: Telephone: E-mail Address: ESTRviATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additdonal u tpll,j,S `q-1-8, yjI8- DIGITAL: SIZES: COLOR- PAPER: FAX: cation on back of request) EAS y L! vr0jG (01;cge e thL- eeN i f cN `J 441-1-8) 4gS--1 a qUa- 1-3 E-MAIL: BLACK/WHITE: I. NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (54D)665-565I) • 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INPITAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOTMEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike ,� 6 Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): ' tp 10:7 U:\Pam\Common\Document Approval Form.wpd