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Home My WebLink About002-04 Sempeles Property - 110.71 Acres - Stonewall - Backfile4 REZONING TRACKING SHE' Check List: Fee & Sign', DeposR Application Form= '� DeedgL-!f Proffer Statement l/' PIatlSurvey Impact Analys`Qs `-'Ta esRid<Statement..= AdjoinerImpa tM,,Yodel"Run roF . kFY' DATE 0 / /I t Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 8 ``/2" x 11 " black and white location map ordered from Mapping File given to office manager to update Application Action Summary PC public hearing date ACTION:`a��c�F.�? BOS public hearing date ACTION: NlR�NPE� S-igned--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.) Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) f 8 File given to Mapping/GIS to update zoning map d Zoning map amended U 9Caro1\Com mon\tracki ng. rez Revised' 05/09/02 11 t *- DSO �Ac, S) s CASH - Date 0037€35 Received From (Je 5 1 N Address For-47 U S xACCOUNT U Uj a �'•� F AMT OF ACCOUNT HOW CASH BY AMT PAID CHECO :5 BALANCE _ / DUE _ V MONEY ORDER CREDIT CARD [I CASH owe_ 003707 0 RECEIPTReceived From C�(A +' `pn Address ' Dollars $ For UACCOUNT HOW PAID �o AMT OF -� CASH W 0. ACCOUNT cl IU AMT PAID CHECK 3Lz EE BALANCE _ MONEY ORDER [I_ 1 B�/ DUE CREDIT CARD O 0 PortljIreDerift Ong 1233 1kegt Churcb Roab Gearbroob, VZ1 22624 o (540) 665-2926 0 m 4�st Unit4zd Mohodi.5t Church Whit¢ lla11 United MQthodist Church ncy Compher, Pastor February 9, 2004 The Honorable Russell Potts Senate of Virginia PO Box 396 Richmond, VA 23218 Dear Senator Potts 40 r, p4 0 20 w �� Fte�e;ick ice / � Adm�d�st�atoc s v / As you are aware, the recent Virginia Department of Transportation (VDOT) construction project involving the new six -lane bridge over Interstate 81 on Va. Rt. 669 has caused considerable controversy within the local community and with local property owners in northern Frederick County. One of the controversies remaining unresolved involves the unsafe entrance/exit to and from US Rt. 11 to the parking lot of the Rest United Methodist Church, which is immediately adjacent to Rt. 669. During the course of the construction the church's access to Rt. 669 was permanently closed, leaving only one entrance/exit to and from the parking lot. To further compound the single entrance situation, the entrance/exit to the parking lot is within 100 feet of the Rt. 669 & US Rt. 11 intersection. This, by VDOT's own admission, creates an unsafe traffic condition. To date (covering about 2 years of dialogue), Rest United Methodist Church (through the Winchester district of the Virginia Methodist Conference and through the law office of Mr. Thomas M. Dickinson Jr.) has attempted to reach a fair and equitable settlement with VDOT regarding the loss of the second entrance/exit, and more importantly the unsafe traffic condition created by the construction project. However, it now appears to the members of Rest United Methodist Church that VDOT continually attempts to delay and/or prolong bringing this issue to acceptable closure. Rest Church has provided a gathering place for worship for many northern Frederick County residents over the years, and has been a landmark in the local community for over 100 years. However, many members of the congregation are now gravely concerned over the unsafe entrance/exit created by the construction project. The existing traffic hazard not only threatens the safety of the present congregation (the majority of whom are your constituents), but also reduces the viability of the church due to a limited and unsafe facility to support the present and future needs of the church. Due to space limitations herein, I have not provided any details relative to the issue; however, I am confident that the Reverend Jay Hanke, District Superintendent of the Winchester District of the United Methodist Church, and/or Mr. Tom Dickinson, Esq., would welcome the opportunity to speak with you and discuss the details surrounding the situation. Page 2 of 2 As Rest United Methodist Church has stated many times over the past two years, the congregation is not seeking to capitalize on the Commonwealth of Virginia regarding any perceived damages to this church created with the widening of Rt. 669. However, the members of Rest United Methodist Church do believe VDOT should bear the burden of restoring a safe access to its property. Therefore, the Trustees are seeking any help you and/or your staff can provide in resolving and bringing this matter to closure in a timely manner. Sincerely, Robert D. Van Metre Chairman, Board of the Trustees Rest United Methodist Church 1233 Rest Church Road Clearbrook, VA 22624 Copies to: The Honorable Beverly herwood House of Delegates General Assembly Building PO Box 406 Richmond, VA 23218 The Reverend Dr. Jay Hanke Superintendent, Winchester District The United Methodist Church 21 South Kent Street Winchester, VA 22601 Tom Dickinson, Esq. 102-2 South Kent Street Winchester, VA 22601 G CO 4`1 �rL COUNTY of FREDERICK w Department of Public Works ® 540/665-5643 17J8 738 FAX: 540/678-0682 April 1, 2003 Mr, Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Semples Rezoning Frederick County, Virginia Dear Chuck: We have completed our review of the proposed rezoning and offer the following comments: 1) Refer to Section II, Summary. The discussion indicates that all site traffic will use the direct connection at Route 11 and Rest Church Road thereby minimizing the impact of the development on the existing transportation system. We recommend that the planned commercial site traffic also be funneled to this direct connect rather than allowing entrances off of Route 11. 2) Refer to Section III, Impact Analysis "A' Site Background and History. The discussion references the probable extension of water and sewer facilities to this area. Discussions with the sanitation authority staff indicate that these extensions could occur within the next fiscal year. 3) Refer to Section III, Impact Analysis "C" Site Suitability. We recommend that a geological study be performed at the master development phase to delineate any pertinent karst features (i.e., sinkholes, rock ledges, etc.) that may exist on the site. This study will aid in locating drainage structures, detention ponds and roads. ' 4) We strongly support your offer to line stormwater management ponds in the karst terrain as outlined under Section "F" Site Drainage. 1 107 North Kent Street • Winchester, Virginia 22601-5000 00 LylJ Semples Rezoning Page 2 April 1, 2003 5) Under Section "a' Solid Waste Disposal Facilities, the estimated solid waste generation of 14.9 tons per day at build -out will result in a waste flow increase of approximately three (3) percent at the existing landfill. I can be reached at 665-5643 if you have any questions concerning the above comments. Sincerely, Harvey Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Development file N COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I March 3, 2003 Mr. C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE.; Historic Resources Advisory Board (HRAB) Comments Sempeles Rezoning -Rest Church Area Dear Chuck: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of February 25, 2003. The HRAB reviewed information information associated with the Frederick County Rural Landmarks Survey Report, National Park Service Study of Civil War Sites in the Shenandoah Valley, and information provided by the applicant. Historic Resources Advisory Board Comment The 103-acre parcel proposed for rezoning from the RA (Rural Areas) District to the M-1 (Light Industrial) and B-2 (Business General) Zoning Districts is not located within any battlefield study areas as identified by the National Park Service Study of Civil War Sites in the Shenandoah Valley. There are several historic properties identified in the Frederick County Rural Landmarks Survey Report located proximate to the property proposed for rezoning. Directly adjacent properties include the Brining -Adams House, the Rest United Methodist Church, the Schlack House (located on the subject site), and Sasparilla Springs. Sasparilla Springs is listed as potentially significant in the Rural Landmarks Survey Report. There were no adverse comments by the HRAB regarding this rezoning request. The HRAB agrees with the applicant's suggested buffers and screening along the perimeter of the site. Please contact me if you have questions regarding this comment from the HRAB. Sincerely, 4. a Rebecca A. Ragsdale Planner I cc: George Sempeles, 331 Woodbine Road, Clearbrook, VA 22624 U:\COMMITTEES\HRAB\Comnients\2003\ScmpelesRZ.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 r� U • • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 2. Property Owner (if different than above) Name: George M. & Carol T. Sempeles Telephone: 662-5802 Address: 331 Woodbine Road Clearbrook, Virginia 22624 3. Contact person if other than above Name: C.E. Maddox, Jr. Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 C� J 0 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: George M. Sempeles Carol T. Sempeles 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See attached PARCEL ID NUMBER USE Vacant Industrial/Commercial ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). East and adiacent to intersection of U.S. Route 11 and Route 669 (Woodbine Information to be Submitted for Capital Facilities Impact Model • 2 0 • 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 34-A-2, 34-A-4 Magisterial: Fire Service: Rescue Service Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Ia,3S ON �Z to be rezoned �IZ•2� Total acreage 11. The ing information should be provided according to the type of rezoning proposed: Single Family Home 0 Non -Residential Lots 0 Office Retail Restaurant Number of Units Proposed Townhome 0 Mobile Home 0 Square Footage of Proposed Uses 200,000 SF 65,000 SF 25.000 SF Service Station Manufacturing Warehouse Other Multi -Family 0 Hotel Rooms 0 8,000 SF 500,000 SF 500,000 SF 3 0 • 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledee. i Applicant(s) Owner(s) Date Date Date o Date G 4 • • • Sempeles ID# Name Address Zoned Use 24-A-1 Virgil & Ruth D Fiddler 4836 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-2 Marvin O & Elizabeth S Renner 4822 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-3 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-4 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-5 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-6 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-7 Sanford L Silver 4804 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-9 Boyd L Bloomer 4784 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-11 Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-10 John Francis & Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 34-A-5A George M. Sem les 331 Woodside Road, Clearbrook, VA 22624 RA Agricultural 34-A-6A Butler Manufacturing Co. P.O. Box 25, Clearbrook, VA 22624 M1 Industrial 34-A-6B John Hu ett Light 2973 Woodside Road, Clearbrook, VA 22624 RA Vacant 34-A-1 Rest Methodist Church 1233 Rest Church Road, Clearbrook, VA 22624 RA Religious 33A-A-25 George M & Carol T Sem les 331 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-26 Leslie Osborne Poe 136 Jordan Drive, Winchester, VA 22602 RA Vacant 33A-A-27 Delores Esther Ellis 4568 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-27A Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-28 Roger L & Phyllis A Helsley 497 Front Royal Pike, Winchester, VA 22601 RA Residential 33A-A-29 Thelma M Curry & Robin A Light 4592 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-30 Fred Milton & Rebecca A Kitts 4600 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-31 Donald Y & Barbara N Smallwood 108 Juliet Lane, Bunker Hill, WV 25413 RA Vacant 33A-A-33 Delmar B & Cynthia K Larrick 4622 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-11 H. M. Funkhouser & Co. 2150 S. Loudoun Street, Winchester, VA 22601 B2 Commercial 33A-A-12 Manuel C DeHaven 4273 Martinsburg Pike, Clearbrook, VA 22624 M2 Vacant 33-A-104 Manuel C DeHaven 4273 Martinsburg Pike, Clearbrook, VA 22624 RA Agricultural 33A-A-24 Allen J & Linda L Pau h 208 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-16 Betty L Stine Cooke, etals 4481 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-17 Mary C Kerns 146 Woodbine Road, Clearbrook, VA 22624 RA Vacant 33A-A-18 Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-19 I Betty M Shillingburg 160 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-20 I Benjamin D Fitzwater, Jr 166 Woodbine Road, Clearbrook, VA 22624 RA Residential - 33A-A-21 John W Harden & Katherine L Eiland 174 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-22 Maynard L & Virginia S DeHaven 184 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-23 Lester B McDonald P.O. Box 4435, Leesburg, VA 20177 RA Residential 33A-A-24 Sharon A Shanholtz 3733 Dort Place, Columbus, OH 43227 RA Commercial 34-A-6C Frederick County School Board P.O. Box 3508, Winchester, VA 22604 M1 Educational/Tax Exempt 33A-A-34 The Rainbow Group 1908 S. Loudoun Street, Winchester, VA 22601 RA Vacant C� 0 R 0 s~ m a� E N co (0 N C1 E .�• O o Q O N e N V] U� U wa— tr) DATE RECENED FROM ADDRESSI� ❑ FOR FOR 14V_I M to AMT OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER No. 9115 DOLLARS $;X)l U00' 3 9-A- B GEORGE SEMPELES 06-07 1134 WRC 331 WOODBINE RD CLEAR BROOK, VA 22624 Date 68-251/5144 D Pay to the I Af'�� O Order of '70 Boo e Dollars ...a u DANK of CLkM COUNTY 1460 N. FREDERICK PDT• WINCHELTER• VA I I I For C Rr 1:05L40251Bi: 11'8 11125 54611• 111134 9 • AMENDMENT Action: PLANNING COMMISSION: April 7, 2004 - Recommended Approval BOARD'OF SUPERVISORS: April 27, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-04 OF SEMPELES PROPERTY WHEREAS, Rezoning #02-04 of Sempeles Property, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 10.35 acres from RA (Rural Areas) to B2 (Business General) and 101.92 acres from RA (Rural Areas) District to M1 (Industrial Light) District. The total area subject to this rezoning request is 11.27 acres.. The subject properties are located east and adjacent to Martinsburg Pike (Route 11) and north and adj acent to Woodbine Road (Route 669), and are identified with Property Identification Numbers 34-A-2 and 34-A-4 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on April 7, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 27, 2004; 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 10.35 acres from RA (Rural Areas) District to B2 (Business General) District, and 101.92 acres from RA (Rural Areas) District to M1 (Industrial Light) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PD Res #04-04 This ordinance shall be in effect on the date of adoption. Passed this 27th day of April, 2004 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PD Res. #02-04 Aye Barbara E. VanOsten Aye Gary Dove Aye Bill M. Ewing Aye Aye Aye Aye A COPY ATTEST 9�WLVI John R. ley, Jr. Frederick County Administrator u REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 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 #CO--o} for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 4/27/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U. S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (M1) portion of the site, and will therefore occur prior to approval of the first site plan for M1 development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 4/27/04 • 9 b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 4/27/04 E 0 Respectfully submitted, PROPERTY OWNER Geo ge M. Sempeles Carol T. Sempeles Date: S'� -/ Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this�day of C� , 2004, by U,C U DD , �4- CQ `0_ My commission expires 2GU—I Notary Public C. Page 4 of 5 Revision 4/27/04 • PROPOSED ZONING AREA B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning R/W Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac sty t J I I\ 03J\T zi 1� I \ .20JJ 6�CRE9JPR0POSED MT1I ' 1 /t1, T6M PROPO.S�, I . I'll / 1 U{V7Y� l 11 f� G!N 0.5130 ACRE /N WEST KR0/NN %N. 3!-A-t r _ AGE ba 6 P� P£ 1 1 /p ( / �- Zoned R4 52.72�6 ACR / I ` \ II�(i�! 71.Si�AryR SED M-1 \� LO J SUB SE TO�IQ✓UST NEp/T TO ,\USER REC Res; ��O�B�ivF Manus/ D.Hm n Zorrod M-1. / But/si Manufacturing / Zoned M-1 SEMPELES PROPERTY GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, wRGIA(M gilbert w. clifford . & associates, inc. Ergheers Lend Maroers water Ouafty 117 E Picadily 5L fnchester, Virginia 22601 E (540) 667-2139 FAX: (540) 665-0493 RWL• gwcaram®earthlink.com Poge 5 of 5 I I , REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 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 #CO -oy for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 4/27/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U. S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (M1) portion of the site, and will therefore occur prior to approval of the first site plan for M1 development. The timing for ultimate signalization of the intersection will be determined by VDOT. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 4/27/04 • • b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving the retail or wholesale sale of diesel fuel for over the road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 4/27/04 Respectfully submitted, PROPERTY OWNER By; By: - (j Geo ge M. Sempeles Carol T. Sempeles Date: S�� , �( Date: SI3%C_A/ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this�day of 2004, by ( OarM 0-1 mod- QQ\ 7� My commission expires �� 3 2 00-1 Notary Public'--l')OAm1F, CS71. Page 4 of 5 Revision 4/27/04 e PROPOSED ZONING A B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning c Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac / C o� 418 14 DR z0MJCRW OS MT 1 Tbmt PRO S� Z lint gK C UDifTY� li S 1� 0.51JO ACRE IN W£ST NRC1ND4 .9789 R "o 11 IV _ --GEORGE M�S£14 1 l / l� � ( / / /�/ /Zoned R4 7151�_AGWS SED M-1 1 + -arc �oc4TaGN / — ` -�) 4`,\ SUBJECT TO AQJUSTMEYT TO SER REO 'Qes•�e"f bf E fQpq� _� _ TQaJ TE 669 _ annual A01- I Zoned u-1 Butler Manufacturing -, Zoned M-1 .4 SEMPELES PROPERTY q' GENERALIZED DEVELOPMENT PLAN � O .A FREDERICK COUNTY, �IRGIM gilbert w. clifford & associates, inc. E, gkwws Land Flamers water ouafty 117 E Picadill 5f. Winchester, Virginia 22601 E (540) 667-2139 FAX: (540) 665-0493 BWL• gwcorom0eadiink.com Page 5 of 5 REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall, Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sea., 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 #0y-0,A for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 3/04 0 0 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (Ml) portion of the site, and will therefore occur prior to approval of the first site plan for MI development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fagade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 3/04 0 E Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and stud prepared prior to site plan approval. his qb e. Any use involving the retail sale of diesel fuel for trucks shall not be conducted or s` performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 3/04 Lj Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Respectfully submitted, PROPERTY OWNER,---------.- /� By: By: G or M. Set peles rol T. Sempeles Date: 3 Z/-i c y Date: ?/ 0U c f 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th foregoing instrument was acknowledged before me this /Zfh day of / , 2004, by U % 01 Cn r-0) ) , �P m��/r'5 . My commission expires 130 NotaryPublic �_�n,_1��1(� Yz t Page 4 of 5 Revision 3/04 PROPOSED ZONING AR B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning ((R/W Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac �-p e)o./ ( Z70 (fREDER/L�K /VTY� / 101.9189 Acb/ P1A( 34-1-5, �� it /�� ✓// /� / , l Luc../� %��_//.� /�/�/ �50 Fr. 470 � 52T?B6 AC � I 1 I N 'S• $l Q � �71S1�AC�ES w-, J� � / � % i / � /1Cr��J''` i a ^� -7v &;7ff cOCATIGN a 4 f sua✓£cr ro�+✓usrMEr RE00REMEII / TOJ ��R *OCQB/r�E L / — oi 669 _ Zoned A/-1 Butler MonulocturnmV Zoned A/-1 r—a5lJO ACRE AV W Sr KRG/NM SEMPELES PROPERTY ii' gilbert w. clifford & associates, inc. o o00GENERALIZED DEVELOPMENT PLAN Enpineere Lend P wvwe water ouaity 0 0 -N 117 E PicodBly St Winchester, Virginia 22601 FREDERICK COUNTY, VIRGINIA]VOICE. (540) 667-2139 FAX: (540) 665-0493 DML gwcorom0eo0link.com Page 5 of 5 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 5, 2004 Mr. Charles E. Maddox, Jr. Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING #02-04, SEMPELES PROPERTY Dear Chuck: This letter serves to confirin action taken by the Frederick County Board of Supervisors at their meeting of April 27, 2004. The above -referenced application was approved to rezone 10.35 acres from RA (Rural Areas) to B2 (Business General) and 101.92 acres from RA (Rural Areas) to M1 (Industrial Light) District. The subject properties are located east and adjacent to Martinsburg Pike (Route 11 North) and north and adjacent to Woodbine Road (Route 669). The properties are identified with Property Identification Numbers 34-A-2 and 34-A-4, in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to these properties and are 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, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad cc: -'George and Carol Sempeles, 331 Woodbine Road, Clearbrook, VA 22624 ,,Ly'nda Tyler, Stonewall District Supervisor /Deny Copp, VDOT Resident Engineer _-Jane Anderson, Real Estate ,,Alex Gray, Planning & Development /Rohn Light, Stonewall Planning Commissioner em: ,Charles DeHaven, Jr., Stonewall Planning Commissioners 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING APPLICATION #02-04 SEMPELES PROPERTY Staff Report for the Board of Supervisors Public Hearing Prepared: April 20, 2004 Staff Contact: Christopher M. Mohn, 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 Action Planning Commission: 04/07/04 Recommended Approval Board of Supervisors: 04/27/04 Peirdin 4b"X0VE) PROPOSAL: To rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres from RA (Rural Areas) District to M1 (Industrial Light) District. The total area subject to this rezoning request is 112.27 acres. LOCATION: The property is located east and adjacent to Martinsburg Pike (Route 11 North) and north and adjacent to Woodbine Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 34-A-2 and 34-A-4 PROPERTY ZONING & PRESENT USE: Rural Areas (RA) District - Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Berkeley County, WV - Residential, Vacant South: Rural Areas (RA) District - Residential, Vacant Light Industrial (Ml) District - Industrial (Butler Manufacturing) East: Rural Areas (RA) District - Residential, Vacant West: Rural Areas (RA) District - Residential, Institutional Business General (B2) District - Commercial PROPOSED USE: Industrial/Commercial REZ #02-04, Sempeles Property Page 2 April 20, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The addendum you have submitted for review provides a significant improved flow of traffic and a reduction of congestion (projected LOS of "C" at all intersections) at the intersection of Route 669 and the north bound ramps of Interstate 81. This change, along with a partial signalization agreement at the Route 11 and Woodbine Road intersection, will provide a plan that VDOT can support. Fire Marshal: Plan approval recommended. Frederick -Winchester Service Authority: No technical comments. County Engineer: Please see attached letter from HarveyE. Strawsuyder, Jr., P.E., Director of Public Works, dated 04101103. Sanitation Authority: The construction contract for the project to serve this property with water and sewer has been awarded. All easements have been provided and construction will begin within a month. Completion of the project is expected in October 2004. Historic Resources Advisory Board: Please see attached letter from Rebecca A. Ragsdale, Planner I, dated 03103103. County Attorney: Proffers appear to be in proper form. Frederick County Inspections: No comment required at this time. Shall comment at the time of site plan review. Winchester Regional Airport: The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were 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 properties and all other A-1 and A-2 zoned land to the RA District. The Northeast Land Use Plan (NELUP) was amended by the Board of Supervisors on November 12, 2003 to modify land use and transportation provisions applicable to the subject site. Specifically, the path of a planned major collector road was relocated to follow existing Woodbine Road (Route 669), as opposed to bisecting the site as originally envisioned. REZ #02-04, Sempeles Property Page 3 April 20, 2004 Additionally, the business land use designation was added in the vicinity of the intersection of Martinsburg Pike (Route 11 North) and Rest Church Road (Route 669), which coincides with the frontage of the subject site. 2) Comprehensive Policy Plan Land Use The two parcels comprising this rezoning request are located within the boundaries of the Northeast Land Use Plan (NELUP), and are located wholly within the Sewer and Water Service Area (SWSA). The NELUP envisions the majority of the area comprised by the subject parcels as developing with industrial land uses, with the frontage of the site along Martinsburg Pike (Route 11 North) designated for business land use. (Comprehensive Policy Plan, p. 6-36, p. 6- 39) Transportation Consistent with the general transportation policies of the Comprehensive Policy Plan, the NELUP specifies that proposed development should only occur if impacted road systems will function at Level of Service (LOS) "C" or better. The NELUP indicates that improvement of roads to maintain this level of service objective is the responsibility of the private property owner or developer. Moreover, the transportation policies of the NELUP encourage the development of connector roadways within industrial areas and the implementation of measures that will facilitate the improvement of Martinsburg Pike (Route 11 North) to a four lane highway. (Comprehensive Policy Plan, p. 6-36.2, 6-36.3, 7-5) PlanninStaff Comment The rezoning proposal offered by the applicant is generally consistent with the applicable land use and transportation policies of the Comprehensive Policy Plan, and, in particular, the Northeast Land Use Plan (NELUP). Specifically, conformance with adopted policy is achieved as follows: Land Use: The configuration of zoning districts proposed by the applicant correctly corresponds with the multiple planned land use designations applicable to the site, with the M1 (Light Industrial) District and B2 (Business General) District applied to the areas designated for industrial and business land uses, respectively. The land use objectives articulated for the site by policy may be effectively achieved through these zoning designations. Transportation: The transportation program proffered by the applicant includes elements encouraged by the NELUP, such as an internal connector roadway linking Martinsburg Pike and Woodbine Road (Route 669), improvements and right-of-way dedication on Martinsburg Pike, and a commitment to enter a signalization agreement for the intersection of Martinsburg Pike and Woodbine Road. 0 0 REZ #02-04, Sempeles Property Page 4 April 20, 2004 Moreover, the proffered transportation program achieves the functional objectives established by policy, as the road network serving the proposed project is projected to maintain Level of Service (LOS) "C" conditions or better. 3) Site Suitability The subj ect properties do not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands/hydrologic soils. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. The predominant soil type on the site is Oaklet silt loam, 2 to 7 percent slopes (map symbol 32B), which is identified by the survey as prime farmland. The applicant has proffered that a geotechnical analysis will be completed prior to site plan approval for any commercial or industrial development on the site. Effective management of unique geological characteristics or conditions identified through such analysis will be required to secure site plan approval. 4) Potential Impacts. a) Transportation Impact Analysis Statement: The traffic impact analysis (TIA) prepared for this application calculated transportation impacts based upon the following development assumptions: Industrial Park: 1,197,900 square feet Retail: 98,000 square feet Using traffic generation figures from the I.T.E. Trip Generation Manual, 6`" Edition, the applicant projects traffic impacts for the development in terms of project build -out, which is expected to occur by 2012. The TIA indicates that at project build out, the planned uses will result in the generation of 13,422 new average daily trips (ADT). (See "A Traffic Impact Analysis of the Sempeles Property, " p. 4) The new trips generated by the development will be absorbed by an external road network consisting of Martinsburg Pike (Route 11), Woodbine Road (Route 669) and the Exit 323 interchange of Interstate 81 at Rest Church Road (Route 669). This external network will be linked to the development via a proffered internal connector road, which will align with Rest Church Road at its intersection with Martinsburg Pike and extend through the site to link withWoodbine Road. REZ #02-04, Sempeles Property Page 5 April 20, 2004 Access management is critical to the build out projections of the TIA. Indeed, the TIA assumes that site access for all truck traffic will be restricted to the Woodbine Road entrance. Outbound truck traffic will exit the site via the connector road at either the Woodbine Road or Martinsburg Pike site entrances. To facilitate this access arrangement, the applicant has proffered to participate in a signalization agreement for the intersection of Martinsburg Pike and Woodbine Road. The TIA does not account for any restrictions on car access. The TIA concludes that the improvements proffered by the applicant will ensure Level of Service (LOS) Category "C" conditions or better on study area roads during peak traffic periods at project build -out (2012). (See "An Addendum To: A Traffic Impact Analysis of the Sempeles Property'). VDOT Comment: The addendum you have submitted for review provides a significant improved flow of traffic and a reduction of congestion (projected LOS of "C" at all intersections) at the intersection of Route 669 and the north bound ramps of Interstate 81. This change, along with a partial signalization agreement at the Route 11 and Woodbine Road intersection will provide a plan that VDOT can support. b) Historic Resources The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. It is noted that several structures included in the Frederick County Rural Landmarks Survey are located on properties adjacent to the subject site. Of these resources, only Saspirilla Springs (#156) is identified as potentially significant, which is located immediately east of the site and is occupied by the applicant as a single family residence. The Historic Resources Advisory Board (HRAB) considered this rezoning proposal at its February 25, 2003 meeting. The HRAB offered no adverse comments concerning the proposal. c) Water & Sewer The applicant indicates that public sewer and water service will be provided to the site pursuant to the concept plan prepared by the Frederick County Sanitation Authority (FCSA) for the extension of such facilities to the Rest Church Road interchange area. The water consumption/wastewater generation for the uses envisioned on the site is projected to be approximately 35,000 gallons per day (GPD). 0 REZ #02-04, Sempeles Property Page 6 April 20, 2004 FCSA Comment: The construction contract for the project to serve this property with water and sewer has been awarded. All easements have been provided and constriction will begin within a month. Completion of the project is expected in October 2004. 5) Proffer Statement - Revised Through March 2004 General Development Plan (Proposed ProLeer Statement, p. 1) The applicant has proffered that development of the site will occur in conformance with the General Development Plan (GDP) submitted with the proposed proffer statement (dated March 8, 2004). The GDP references the location of certain proffered improvements (i.e., transportation features) and further delineates the proposed commercial and industrial components of the site. Street Improvements (Proposed Proffer Statement, p. I - 2) a. Martinsburg Pike Frontage: The applicant has proffered to complete the following improvements along the site's Martinsburg Pike frontage: (1) Construction of a 12-foot wide lane on the northbound side of Martinsburg Pike; (2) Dedication of 14 feet of additional right-of-way for Martinsburg Pike; and (3) Installation of two commercial entrances on the north and south sides of the connector road intersection with Martinsburg Pike. The proffered commercial entrances will be at least 36 feet in width, and the south entrance will be limited to right in/out movements. b. Industrial Access/Internal Connector Road: The applicant has proffered to construct an industrial access road that will align with Rest Church Road at its intersection with Martinsburg Pike. This internal connector road will traverse through the site and link with Woodbine Road. The right-of-way for the road is proffered to consist of 80 feet. Signal Modification: The applicant has proffered to modify the VDOT-proposed three (3) way traffic signal at the Rest Church Road/Martinsburg Pike intersection to accommodate a four (4) way intersection. d. Signalization Agreement: The applicant has proffered to enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Martinsburg Pike intersection. The establishment of this agreement is proffered to occur prior to approval of the first site plan for the MI zoned portion of the site. C. Traffic Impact Analysis: The applicant has proffered to provide a traffic impact analysis (TIA) with each site plan for an industrial use on the site. Any additional road improvements deemed necessary by the TIA to maintain acceptable level of service conditions will be negotiated between the applicant, VDOT and Frederick County prior to site plan approval. 0 0 REZ #02-04, Sempeles Property Page 7 April 20, 2004 Landscape Design Features (Proposed Proffer Statement, p. 2) a. The applicant has proffered to provide a twenty (20) foot wide landscaped green strip along the site's frontage on Martinsburg Pike. Included within this landscaped area will be a low berm complemented by suitable low profile landscaping. Planning Staff Comment: It is noted that the Generalized Development Plan (GDP) does not include a design detail of the proffered landscaped green strip. Indeed, with the exception of the low berm, the planned composition and appearance of this important corridor design feature has not been defined. On Site Development (Proposed Proffer Statement, P. 2 - 3) The applicant has proffered to include language governing construction standards in the deed covenants and restrictions for the individual industrial sites within the project. These standards will be privately administered and enforced during the site development process. Additional Site Proffers (Proposed Proffer Statement, p. 3) The applicant has proffered to employ the following site design standards, which will be administered and enforced by county staff during review of subsequent development applications: a. All utilities will be installed underground. b. Street trees will be planted along both sides of the proffered industrial access/internal connector road. The street trees will be installed on 50 foot centers and will consist of a minimum caliper of 2 inches at time of planting. C. Stormwater management pond facilities will be lined with impervious liner materials to protect against groundwater impacts. d. A geotechnical analysis and study will be prepared for all proposed commercial and industrial structures prior to site plan approval. C. Retail sale of diesel fuel for trucks will be prohibited on the site. Monetary Contribution to Offset Impact of Development (Proposed Proffer Statement, p. 3) The applicant has proffered to contribute a total of $20,000 to Frederick County to aid mitigation of fiscal impacts associated with the proposed development. This contribution will be submitted by the applicant at the time of issuance of the first building permit for the site. The applicant has proffered that this contribution be disbursed as follows: 0 0 REZ #02-04, Sempeles Property Page 8 April 20, 2004 • Fire and Rescue Services $15,000 • Sheriff $ 3,000 • Administration Building $ 2,000 PLANNING COMMISSION SUMMARY & ACTION OF 04/07/04 MEETING: The primary area of discussion among Commissioners was the anticipated truck traffic that would be generated by this site. In particular, the applicant and VDOT were questioned regarding the extent to which the proposed transportation plan accounted for the coordinated flow and stacking of truck traffic associated with the Sempeles site and the Flying J facility located on the opposite side of the interchange. Although some Commissioners believed gridlock would result from the close proximity of Route 11 to Interstate 81, coupled with the traffic generated by the Flying J site and existing vehicular traffic, the majority of members believed the traffic issues were solvable. A request was made for the applicant to present specific methods for traffic coordination at the master development plan stage. Concern was also raised for impacts to the existing residential uses fronting on Route 11 and the applicant assured the Commission that noise and light infiltration would be addressed. During the public comment portion of the meeting, a member from the Board of Trustees of Rest United Methodist Church came before the Commission to express the board's concern with traffic conditions in the area. In particular, it was noted that access to the church site had been significantly constrained due to the recent improvement project involving the Rest Church Road bridge. The Rest United Methodist Church representative clarified that the board was concerned primarily with the VDOT response to the reported site access problems, and that it had no objection to the subject rezoning application. A copy of a letter submitted by the Rest United Methodist Church Board of Trustees to Senator Russell Pots concerning the access issue and the VDOT response to date was included with the official record of this application. A representative from VDOT was available to answer questions at the meeting. He believed the transportation problems had been substantially addressed, especially in light of the improvements that were made at the Rest Church bridge and the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11). It was further noted that Woodbine Road had been improved as an industrial access roadway. VDOT did not foresee any potential future problems arising from this site. By a majority vote, the Planning Commission recommended approval of the rezoning as follows: YES (TO APPROVE): Unger, Thomas, Ours, Fisher, Rosenberry, DeHaven NO: Gouchenour, Morris, ABSTAIN: Light (Please note: Commissioners Straub, Watt, Kriz, and Triplett were absent from the meeting.) REZ #02-04, Sempeles Property Page 9 April 20, 2004 STAFF CONCLUSIONS FOR THE 04/27/04 BOARD OF SUPERVISORS MEETING: This application is a request to rezone 112.27 acres of land to the B2 and M1 Districts. Specifically, the applicant is seeking to rezone 10.35 acres to the B2 District and 101.92 acres to the M1 District . The Comprehensive Policy Plan articulates the planned land uses applicable to the subject parcels through the policies of the Northeast Land Use Plan (NELUP). The NELUP designates the subject parcels for industrial and business development, respectively. Moreover, the site is located within the Sewer and Water Service Area (SWSA). As described in this staff report, the development program proposed through the requested rezoning is consistent with the adopted policies of the Comprehensive Policy Plan. Following the requisite public hearing, a decision to either approve or deny this application would be appropriate. ip 4i VI AGENCY COMMENTS r 46 Rezoning Comments Sempeles Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick Co. Sanitation Authority Frederick Co. Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, VA 22604 Stephens City, VA (540) 868-1061 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of US Route 11 and Route 669 (Woodbine Road) Current Zoning: RA RA Zoning Requested: B-2 Acreage: 9.00 Ac. Sanitation Authority Comments: The construction contract for the project to serve this property with water and sewer has been awarded. A11 easements have been provided and construction will begin within a month. Completion of the project is expected in October 2004. Sanitation Authority Signature & Date: / d Notice to Sanitation Authority — Please Return This Form to the Applicant 14 /13/2003 FRI 11:34 FAX 540 665 3058 Winchester Equipment Co 0 Cm 001/001 Rezoning Comments Sent Fire and Rescuc Company Marl To Clearbvook Vol. Fire Co., Inc. 722-2073 P.O. Box 56 1256 Brucetown Rd. Clearbrook, VA 22624 Applicant's Name: Gilbert W_ Clifford & Assoc Inc Phone: {540)bb7-2139 Mailing Address: c/o C. F. Maddox Jr.P E VP 117 E Piccadillytrees Suite 200 Winchester. VA 22601 Location of Property: i East and adjacent to intersection of US. Route I I and Route 669 (Woodbine Road) Current Zoning: RSA Zoning Requested: B-2 Acreage: 9.00 M-1 94.75 Fire and Rescue Company's Comments \ / �1 O C n•�--� r.. �7-'+� pry'- �`\�` 1 1�: ,..,-a � C � f � GJur � C.J Fire & Rescue Company's Signature & Date 11.„�,t ...., r�r-tea.- ...a , •�. . �y:wi.��t.o R �,.�.._—..,. 20 Rezoning Comments Semneles Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., Suite 202 Co. Administration Bldg., Suite 202 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA (540) 665-6383 Applicant's Name: Gilbert W. Clifford & Assoc. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA M-1 94.75 County Attorney's Comme PLC S' -,C dlo, fs �'�`�Jr✓ �� Gv )n Orr,✓ Assistant County Attorney' Signature & Date: / _ p� .`k,`.•`.y�:;`.;..p`,r\`'.:\ ... ,��.>`j,`,;� �'{.,j`�;C::::'4. `t:> ;,y:��:`::`.`:j.`:i\ ,.,�1��:,.y,:..` `;`�c>.>\\`:,y ....>:,:.......:,:...: fN A - a -q ' Rezoning Comments Sempeles Frederick — Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Dept. Frederick -Winchester Health Dept. Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent St., Suite 201 ' Winchester, VA 22601 Winchester, VA 22601 (540) 722-3480 (540) 722-3480 1 1 Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, P E VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA M-1 94.75 Frederick— Winchester Health Department's Comments i Signature & Date:Z�-- 15 it � I � I � I � I I I I I r I I I I I I I I I I 11 Rezoning Comments Sempeles Frederick County Inspections Mail to: Frederick County Inspections Dept. 107 N. Kent Street Winchester, VA 22601 (540) 665-5651 Hand deliver to: Frederick County Inspections Dept. Co. Administration Bldg., 4t' Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc. Inc Phone: (540) 667-2139 Mailing Address: c/o C. E. Maddoy- Jr P E VP 117 E. Piccadilly Street Suite 200 Winchester. VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 R A r,r 1 rNA �C Inspection Department's Comments NO C 5 M N� )!----A1-r Aave r- OA T _ _,i Tv► ,q [ cone Fnr r ,4 7 T� i Signature & Date: Rezoning Comments Semneles Frederick — Winchester Service Authority Mail to Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett Co. Administration Bldg., 1't Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: RA Fred -Wine Service Authority Comments: i10 �Q'&V\WA Comm 2 _ Winchester Regional Airport Signature & Date B-2 Acreage: 9.00 M-1 94.75 17 • 0 Rezoning Comments Sempeles Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc.. Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA M-1 94.75 Dept. of Parks & Recreation Comments No Comment Signature & Date: 12 s� SERVING THE TOP OF VIRGINIA / 9 0 WINCHESTER REGIONAL AIRPORT February 27, 2003 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 G. W. Clifford & Associates, Inc. % Charles E. Maddox 117 East Piccadilly Street Winchester, Virginia 22601 Re: Rezoning Comments White Hall Commerce Center Stonewall Magisterial District Dear Mr. Maddox: The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport. While the proposed development lies within the airport's airspace, it does fall outside of the airport's Part 77 surfaces. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, sp-"� Serena R. Manuel Executive Director Rezoning Comments Semneles Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, VA 22602 Winchester, VA (540) 662-2422 Applicant's Name: Gilbert W. Clifford & Assoc, Inc Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr.. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route I 1 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA M-1 94.75 Winchester Regional Airport's Comments Winchester Regional Airport Signature & Date:� ,Ql, rn 43 ::`%`;::�:�:`j_:fc:?:::.>:.;;.�::��t:�:cc'`::�;:::>::::::;:c:::�`•:�ii::i:;.::;;::::;::•:;:;:i;:::;::::�:::2:j:;::�:;::isi2�fi::::a'•::::::::i::-._:.::•:::::-:.-.:-:;-::a::::::c::::•:?i:::..:::.:.::::::::::: •::: ••::::..:::•:: .::: -. 18 v White Interchange Az' PROJECT SiT r� 1 � _ A•• � + ' d` z a� � � c Imo""--, .t i'�: � - -- • _ \ � -� a � _ � `s� is-- - � : ;, �': � �� t c�CY 1 +tl � "-. i _ "yid_.. i f t CG@ YA• f L � yi..� --.AI"\ PORT 4 �h K l y !WHITE HALL COMMERCE CENTER gilbert w. Clifford &associates, inc. AIRPORT STUDY Endr,eera Land mamera water Ouaity ti117 E. Picodll SL frichester, Virginia 22601 FREDERICK COUNTY, ORGINIA VTHCE: (540) 667-2139 FAX: (540) 665-0493 BWL gwdiffAmnsinc.com gilbert w. clifford & associates, inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: gwcara► x earthlink.net To: Winchester Regional A 491 Airport Road Winchester, VA 22602 We are sending you 0 Hand Delivered 0 Shop Drawings 0 Copy of Letter Attached Change Order Prints Plats LETTER 04?' TRANSMITTAL Present Date Job No. 2/21/03 Attention: Re: Semneles Rezoning ❑ Under Separate via Samples ❑ Plans Copies Date Description 1 2/03 Rezoning Application x0 Are Transmitted 0 For Approval 0 For Your Use 0 As Requested x� For Review or Comment 0 For Bids Due Remarks Copy To: 0 Approved/Submitted 0 Approved/As Noted 0 Return/Corrections 2003 the following items Specifications ❑ Other Resubmit for Approval 0 Submit for Distribution Returned Corrected Prints Loan Print/Return Return/with Signatures Signed C. E. Maddox, Jr., P.E., VP Rev 3.0 3/10/97 Rezoning Comments Sempeles Frederick County Fire Marshal Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., I" Floor 107 N. Kent Street Winchester, VA 22601 Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox Jr. P.E. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 n A M K , .. . Fire Marshal's Comments Fire Marshal's Signature &Date nx� 11 J Frederick County Fire and Rescue Department "` � � Office of;the Fire Marshal m s Plan Review anal om ents Control number Date received Date reviewed Date Revised RZ03-0002 2/21/2003 2/26/2003 Project Name Applicant Sempeles Rezoning G.W.Clifford & Associates Address City State Zip Applicant Phone 117 E.Piccadilly Street Winchester VA 22601 540-667-2139 Type Application Tax ID Number Fire District Rescue District Rezoning 34-A-2 & 34-A-4 13 13 Current Zoning Election District RA Recommendations Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System Yes Yes No Other recommendation Requirements Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Not Identified Yes Emergency Vehicle Access Comments Adequate means for fire department access into structures as well as access to all sides. Fire Lane markings and signage are required at all fire hydrants and all normal and emergency access points to the structures. Emergency vehicle access from Woodbine Road will be a necessity. These items can be further identified during the site plan process. Access Comments The application identifies a 12" water line proposal extended to the property. A true"looped "water supply system should be considered to provide adequate water supplies for firefighting for the entire buildout. Provisions for the disposal of land clearing debris should be addressed with the developer, as permission for on site burning may not be granted by the Authority Having Jurisdiction. Additional Comments The monetary contribution proffer offered for Clearbrook Volunteer Fire & Rescue does NOT meet the Offset of Impact of Development according to the proffer model. The tax revenue generated on the completed project does not fund Clearbrook Fire & Rescue to provide services, it is shared in the County General Fund. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh \ � Title �SS�3i0. �y��T.CSh T co, • • 41G� COUNTY of FREDERICK w Department of Planning and Development ® 540/665-5651 311 FAX: 540/ 665-6395 1738 May 23, 2003 Mr. Charles E. Maddox, Jr., P.E., VP G.W. Clifford & Associates 1175 Piccadilly Street, Suite 200 Winchester, VA 22601 RE: Preliminary Comments - Sempeles Property Rezoning Proposal Dear Chuck: This correspondence includes preliminary review comments concerning the Semples Property rezoning proposal, received by the Frederick County Planning and Development Department on i February 21, 2003. The VDOT-Applicant-Staff meeting of March 20, 2003, contributed to these comments. The following issues were identified for your consideration as the application is finalized for submission: A. Application Form and Relevant Review Agencies 1. Please ensure that a certified plat is provided that identifies the Frederick County boundary coordinates of the subject tract for the proposed rezoning. Redefine the northern boundary as the VA/WV state line. Locate all proposed zoning boundary lines. 2. Please ensure that signatures of the owners are on the application and proposed proffer statement, and that the proffered conditions are also notarized. 3. The fee for this application will be calculated pursuant to the revised fee schedule adopted by the Board of Supervisors on December 12, 2002. The revised application fee for a rezoning petition consists of a base fee of $1,000.00 plus $50.00 per acre, resulting in a total fee of $6,187.00 for the 103.75-acre rezoning request of this application. In addition to the rezoning review fee, a refundable deposit of $50.00 must be submitted for the public hearing sign required to be posted on site. 4. Please submit review comments from the following departments and agencies with this application: Berkeley County Government, WV; Virginia Department of Transportation; Health Department; Frederick County Sanitation Authority; Winchester - Frederick Service 1 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Charles E. Maddox, Jr., P.E., V.P. RE: Sempeles Property Rezoning Proposal May 23, 2003 Authority; Department of Public Works; Frederick County Building Official; Fire and Rescue Services; First Responder - Clearbrook Station; County Attorney; and, the Historic Resources Advisory Board. B. Impact Analysis P Y 1. Site Suitability The use proposed for the project includes the potential for a major industrial site for Frederick County. The 103.74-acre site provides the potential for a single major industrial site, or the possibility for a multiple use industrial park with rail access. The nine acre portion of the site on Route 11 is proposed for commercial use. The adopted Northeast Land Use Plan depicts industrial use in this location, therefore, a request to the Comprehensive Plans and Programs Subcommittee (CPPS) to amend the comprehensive policy plan would be necessary. 1 2. Transportation A critical collector road is depicted on the Northeast Land Use Plan in this location to promote efficient traffic movement between land uses, enhance safety by limiting individual commercial entrances and turning movements at random points, and preserve capacities on existing road systems to ensure adequate levels of service. The development of these transportation improvements will be required as proposed industrial and commercial projects are realized (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.2). It is, therefore, requested that the master development plan for the Sempeles Property include the collector road from Martinsburg Pike (Route 11) to Woodbine Road (Route 669) to promote efficient traffic movement in this vicinity. The adopted Northeast Land Use Plan depicts a collector road in this location; therefore, a request to the Comprehensive Plans and Programs Subcommittee (CPPS) to amend the comprehensive policy plan would be appropriate. The final paragraph of the impact statement's transportation section concludes with the following assertion: "The traffic impacts associated with the Sempeles Property development are acceptable and manageable. All study -area intersections maintain acceptable levels of service `C' or better for 2012 build -out conditions." Consider phasing traffic improvements according to various phases of development during the build -out period. As you are aware, a Level of Service "C" is expected to be maintained on roads adjacent to and within new development in Frederick County. 1 Page 3 Mr. Charles E. Maddox, Jr., P.E., V.P. RE: Sempeles Property Rezoning Proposal May 23, 2003 3. Sewage Conveyance and Water Supply The impact statement shows a concept plan for the extension of water and sewer utilities to the Rest Church interchange area. The rezoning proposal shows a location for a regional ' pump station in accordance with the FCSA plan. The statement notes that the rezoning of this site will allow for a customer service potential which will improve the cost feasibility of extension of these utilities by the FCSA. Proposed industrial and commercial development will be developed in conjunct' p p p conjunction with public and sewer infrastructure (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.3). Please address the methods that Sempeles will use to insure the establishment of public water and sewer infrastructure to the site. D. Proposed Proffer Statement ' 1. Street Improvements: The applicant offers to "design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted Northeast Land Use Plan for the area." The Comprehensive Plan specifically notes the requirement for improvements to the existing primary and secondary road systems including Martinsburg Pike (Route 11 North) to a four -lane facility, and improving the width and I geometries of Woodbine Road (Route 669) (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.2). An emergency -only access entrance to Woodbine Road is not appropriate in the industrial land use setting. The proposed industrial access road is in the location of the Northeast Land Use Plan's critical collector road. Consider the March 20, 2003 meeting comments of VDOT regarding the use of Woodbine Road as the primary access to the proposed industrial park. 2. Landscape Design Features: The proposed proffer statement includes provisions for "a landscaped buffer 75' in width to the rear of residential lots fronting on US 11 and along Woodbine Road." Please note that the Frederick County Zoning Ordinance states that whenever land is to be developed in the M 1 Zoning District that is adjacent to land primarily used for residential purposes in the RA Zoning District, a Category C buffer shall be provided on the land to be developed. A Category C buffer requires a minimum distance of 100 feet with a full screen ranging to 400 feet of distance with no screen (Frederick County Code Article IV, Sec. 165-37). The General Development Plan should illustrate this required buffer, therefore, the proffer statement would not be necessary. If the intent is for a 75' woodland strip to qualify for a full screen in any specific location, please clarify and note the assurance of supplemental plant materials for year- round screening. i If the proposal for B2 remains after consulting with the CPPS on land use policy revisions, E ' Page 4 Mr. Charles E. Maddox, Jr., P.E., V.P. ' RE: Sempeles Property Rezoning Proposal May 23, 2003 the requirements are as follows: Buffer requirements for the proposed B2 Zoning District adjoining RA land used for residential purposes will be a Category B requirement, ranging in distance from 50 feet with a full screen, to 200 feet with no screen. (Frederick County Code Article IV, Sec. 165-37) The General Development Plan should illustrate this required buffer. The applicant is highly encouraged to consider incorporating design features with their application that contribute to the enhancement of the visual quality of the Route 11 Corridor. 3. On Site Development: Please clarify in the proffer statement if this property is planned to be an industrial park. The development of the site with a minimum of one and a maximum of eight end users, does not clarify the use for the rezoning proposal. The proffers related to buffering and screening are directly affected by this clarification, as well as transportation issues. 1 The proffer statement notes that covenants and restrictions of record shall control the standards of construction. Frederick County does not enforce covenants and restrictions on deeds of record. Proffers involving design standards should be specific and clarified. Consider stating the uses within the B2 and M1 that would be prohibited on the site by SIC code which would, therefore, be enforceable by the county. Staff contends that the road issue as depicted in the Northeast Land Use plan needs to be resolved prior to the scheduling of a rezoning proposal. I apologize for any inconvenience caused by the delay in your receipt of these comments. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Abbe S. Kennedy Senior Planner ASK/bad cc: Jay Cook, Assistant County Attorney Eric R. Lawrence, Planning Director Chris Mohn, Deputy Planning Director Lloyd A. Ingram, Virginia Department of Transportation U:\Abbe\REZ Review Letters\SemplesREZ.wpd I Ron Mislows F -n: "Ingram, Lloyd" <Lloyd.ingram@VirginiaDOT.org> i <gwcaram@earthlink.net> Sent: Wednesday, June 18, 2003 10:12 AM Subject: Sempeles Rezoning Addendum Attention: Mr. Charles E. Maddox, P.E., V.P The addendum you have submitted for review provides a significant improved flow of traffic and a reduction of congestion (projected LOS of "C" at all intersections) at the intersection of Route 669 and the north bound ramps of Interstate 81. This change, along with a partial signalization agreement at the Route 11 and Woodbine Road intersection will provide a plan that VDOT can support. Thank you for allowing us the opportunity to comment on this addendum. Lloyd A. Ingram Transportation Engineer VDOT - Ed.inburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) I �I 0 -f- To: Sempeles Property File From John Callow, PHR+A Data— 9, 2003 • 206 Church Street, S.E. Phone:703.777.3616 Leesburg, Virginia Fax: 703.777.3725 20175 Re: An Addendum to: A Traff c ImyactAnalysis ofthe Sempeles Property Patton Harris Rust & Associates, pc (PHR+A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR+A, dated December 16, 2002. Subsequent to the December 16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In'an effort to address the corresponding traffic impacts, PHR+A has provided the following documents: 1) revised development -generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised' 2012 build -out lane geometry and AM/PM peak hour levels of service results. TRIP ASSIGNTAMNTS The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR+A has provided Figure 1 to show the revised development -generated AM/PM peak hour trips and ADT assignments along the study area roadway network. ' 2012 BUILD -OUT CONDITIONS PHR+A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. CONCLUSION The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. An Addendum to: A Ti af-nact Analysis of the Semneles Pronerh, May 9, 2003 mw Page 2 of 4 No Scale • PH'n P � 17(&0 �A ��g061) - SITE Woodbzue Road An Addendum to: A Trafdaact Analysis of the Sempeles Properh, May 9, 2003 � PH' Page 4 of 4 No Scale U U Rest Churc C(C) Road (C)C .*a*� Signalized Intersection o LOS = C(C) m CIO 669 Rest Church Road Signalized \ Intersection Rest LOS = C(C) Ckurcb Road *..ft C(C� (c)C, b� U \ O j 11 q Signalized Intersection LOS = C(C) ki *ftft C(C) ft*a* *ftft (c)c� SITE Q Unsignalized Intersection B(C) wOOdbZueROad I AM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement Figure 3 2012 Build -out Lane Geometry and Levels of Service 0 I EXISTING MAJOR COLLECTOR LOCi ,4" 9-1 000P SEMPELES PROPERTY n N." V AliF 34-15 1 .4 PROPOSED TI?ANSPORTA TION PLAN gilbert w. clifford & ossoclotes, inc. REVISION NORTHEAST LAND USE PLAN Engkoers Lwid Planners water ouwKy N) EXISTING ROAD PLAN 117 E. PicadiDy St Winchestu, W*k 22601 fREDERICK COUNTY WROIN14 ICE (540) 667-2139 FAX: (540) 665-M3 9AA4_ qwcormAmMink can X T Yf' PROPOSED T R N SPO I TA TION PLAN ^, NORTHEAST LAND USE PLAN a PROPOSED ROAD PLAN c� FRE"Off COUNTY, WROIN[A SEMPELES PROPERTY PROPOSED MAJOR COLLECTOR LOCATI❑N t .731 gilberk w. clifford & associates, in( Bq*m re tend mmwe water WWRY 117 E. Fico y 5L ifnclestgr, WOO 22601 ;E: (540) 667-2139 FA)L (540) 95—M DAL* grc -*ea't n" f ITEM #1 PROPOSED AMENDMENT TO NORTHEAST LAND USE PLAN REQUEST FOR RELOCATION OF PLANNED MAJOR COLLECTOR ROAD Included within this agenda item is a letter and information from Mr. Charles E. Maddox, Jr., P.E. of G.W. Clifford & Associates, Inc., dated May 20, 2003, on behalf of Mr. George Semples. The Semples property includes approximately 104 acres of land located near the intersection of Route 11 and Rest Church Road, and is in the design process for planned industrial use. In April of 2003, a preliminary rezoning request was submitted regarding this property, at which time VDOT was not satisfied with the transportation proffers. In an effort to mitigate the truck traffic concerns, this proposal is submitted to the CPPS. Due to the short distance between the Interstate 81 northbound on/off ramps intersection and the Route 11 intersection, VDOT has recommended that truck traffic entering the Semples site should turn right on Route 11, left on Woodbine, and enter the site from Woodbine Road. Car traffic could enter the site with through movement eastward. Mr. Maddox is requesting the CPPS to consider this routing as the relocation of the major collector road as shown in the Northeast Land Use Plan. The proposal suggests that Woodbine Road be established as a major collector road. The major collector road currently shown in the plan would be deleted from the plan. (Please see attached letter of May 20, 2003 and plans from G. W. Clifford & Associates, Inc.) Comprehensive Policy Plan As adopted, the Northeast Land Use Plan shows industrial land use in the location of the proposed collector road change. The plan states that proposed industrial development will necessitate changes in existing roads, as well as require construction of new roads. The NELUP further states that general locations of new collector roads are located throughout the study area for efficient movement to occur, to enhance safety by limiting individual commercial entrances, and to preserve capacities on existing road systems to ensure adequate levels of service. The plan specifically states the following in respect to land use and transportation: Northeast Frederick Land Use Plan "Industrial land uses are proposed adjacent to the Winchester and Western Railroad in the northern portion of the NELUP study area. Proposed industrial land uses should be developed within master planned areas which discourage individual lot access on the Martinsburg Pike (Route 11 North) corridor. Proposed industrial land uses are to be developed with public water and sewer service. Furthermore, proposed industrial and commercial land use development should only occur if impacted road systems function at a Level of Service (LOS) Category C or better. The installation of public water and sewer infrastructure, the development of new road systems and new signalization, and improvements to existing road systems will be the responsibility of private property owners and developers, unless the Board of Supervisors determine that public private partnerships are appropriate". (Comprehensive Plan, Northeast Frederick Land Use Plan, Ch. 6- 36.2) Northeast Frederick Land Use Plan Infrastructure Components Transportation: "Proposed industrial and commercial development within land use plan boundary will necessitate improvements to existing road systems and the construction of new road systems. The land use plan provides for the general location of new collector roads and signalized intersections to channel vehicular traffic between key intersections throughout the study area. These collector roads are intended to promote efficient traffic movement between land uses , enhance safety by limiting individual commercial entrances and turning movements at random points, and preserve capacities on existing road systems to ensure adequate levels of service. The general location of new collector roads and new signalized intersections is depicted on the e land use plan map." "Improvements to existing primary and secondary road systems will be required throughout the study area. To ensure that these road improvements occur, proposed developments should be expected to provide dedicated right of ways and construct all improvements deemed necessary by VDOT. Improvements to the existing primary and secondary road systems include improving Martinsburg Pike (Route 11 North) to a four -land facility, and improving width and geometrics of Rest Church Road (Route 669); Woodbine Road (Route 669); Bransons Spring Road (Route 668); Woodside Road (Route 671); Brucetown Road (Route 672); Stephenson Road (Route 554); and Old Charles Town Road (Route 761)." (Comprehensive Plan, Northeast Frederick Land Use Plan, Ch. 6-36.2) A recommendation regarding this request is appropriate. Staff is available to respond to your inquiries. AK\ 0 0 MEMORANDUM TO: Comprehensive Plans and Programs Subcommittee FROM: Abbe S. Kennedy, Senior Planner RE: June Meeting and Agenda DATE: May 29, 2003 The Frederick County Comprehensive Plans and Programs Subcommittee (CPPS) will be meeting on Monday, June 9, 2003, at 7:30 p.m. in the first floor conference room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The CPPS will discuss the following agenda items: AGENDA 1) Proposed amendment to the Northeast Land Use Plan to relocate a major collector road planned in the vicinity of the intersection of Route 11 and Rest Church Road. This request has been submitted by G.W. Clifford and Associates subsequent to preparation of a development plan for approximately 104 acres of planned industrial land (currently zoned RA) located in the Stonewall Magisterial District. 2) Proposed amendment to the Northeast Land Use Plan for expansion of the Sewer and Water Service Area (SWSA) to include property located between Redbud Road and Jordan Springs Road, Woods Mill Road and Route 11. This area includes approximately 1900 acres of land (currently zoned RA) in the Stonewall Magisterial District. The request has been submitted by Mr. Glen Penton, representing landowners within this area. 3) Other. Please contact our department if you are unable to attend this meeting. Thank you. Access to the County Administration Building for night meetings that do not occur in the Board room will be limited to the back door of the four-story wing. I would encourage committee members to park in the county parking lot located behind the new addition or in the Joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. The door will be locked; therefore, please wait for staff to open the door. -I- 208 Church Street, S.E. Phone: 703.777,3616 Leesburg, Virginia Fax: 703.77-7.3725 20175 To: Sempeles Property File From John Callow, PHR+A May 9, 2003 Re: An Addendum to: A Traffic ImpactAnalysis o{the Sempeles Property Patton Harris Rust & Associates, pc (PHR+A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR+A, dated December 16, 2002. Subsequent to ,the December 16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In -an effort to addr6ss the corresponding traffic impacts, PHR+A has provided the following documents: 1) revised development -generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised'2012 build -out lane geometry and AM/PM peak hour levels of service results. TRIP ASSIGNMENTS The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR+A has provided Figure 1 to show the revised development -generated AM/PM peak hour trips and ADT assignments along the study area roadway network. 2012 BUILD -OUT CONDITIONS PHR+A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. CONCLUSION The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. An Addendum to: A Tr pact Anahsis of the Sempeles Propern, May 9, 2003 Page 2 of 4 No Scale ��`titi4 w o� � S� b �II(50 R�t(24)39h Road 85(403) Rost ChGrcb Road ► �94 CO(192)312 95( 53� H �N 669 Rost Cliizrc h Road 11 4 (340)460 7(.-0)-1) (44)16 �!► SITI; o q ham" (21) �� ll I oodb�eRo had AM Peak Hour('Hour(PM Peak Ho .s Figure 1 Develop melnt-Generated Trip Assignments An Addendum to: A Tr )act Analvsis of the Sempeles Property May 9, 2003 Page 4 of 4 PHR+A No Scale U o Signalized cc -Clio *ftw Intersection Rest Ch'rch C(C) Rest h, = C(C) Road Road C(C) Signalized �C)C Intersection p LOS = C(C) �4 sss Rest Road -f- j 11 p Si ii7ed U`U Intersection LOS = C(C) ki �c)� 1► p STTE er f Unsignalized Intersection �%► Woo dbitte Road IAM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement Figure 3 2012 Build -out Lane Geometry and Levels of Service 0 0 A Traffic Impact Analysis of the Sempeles Property Located in: Frederick County, Virginia Prepared for: Mr. George Sempeles 331 Woodbine Road Clearbrook, Virginia 22624 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Landscape Architects. PHPl� 208 Church Sheet, S.E. Leesburg, Virginia 20175 T 703.777.3616 F 703.777.3725 December 16, 2002 0 • OVERVIEW Report Summary This study considers the traffic impacts associated with the build -out of the Sempeles Property development, to be located along Route 11, east of the Rest Church Road/Route 11 intersection, in Frederick County, Virginia. The proposed project is to include 1,197,900 square feet (11 0-acres'at a 0.25 FAR) of industrial land use and 98,000 square feet (9-acres at a 0.25 FAR) of retail land use with access provided via a single site - driveway situated to the east of the existing Rest Church Road/Route 11 intersection. Methodology The traffic impacts accompanying the Sempeles Property development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Sempeles Property, • Distribution and assignment of Sempeles Property generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Rest Church Road/1-81 nouthbound ramps, Rest Church Road/I-81 northbound ramps and Rest Church Road/Route 11. In order to determine the ADT (Average Daily Traffic), PHR+A assumed a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 0.10. Figure 1 shows the existing (2002) ADT and AM/PM peak hour traffic volumes at the intersections of Rest Church Road/I-81 nouthbound ramps, Rest Church Road/I-81 northbound ramps and Rest Church Road/Route 11. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PH�� A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 1 0 • No Scale cc 0 RestChurcl� ~�2248](279) Rest Ch Road (45) urcb Ro (185)70 (148 ad SI642 (137)164 ,� (l42) 47V� 236(I 0) �b Yr CIO N N ca G Ch Rest 669 urch Road - ^� a (392 7)z2 (2V' SITE CIO IIN- N� ` b S AM Peak Hour(PM Peak Hour) IA AverageDaily T T.PT/ � Figure 1 Existing Traffic Conditions PH� A TrafFic Impact Analysis of the Sempeles Property IL December 16, 2002 Page 2 0 0 .4 No Scale ° Unsignalized Intersection Rest Church Roa �A(A)* RestCburch d *(E)A Road E Unsignalized Intersection 49 GO �.4 n, p 11 669 Rest Church Road z Unsignalized *�E)B Intersection SITE DO �� Q O s AM Peak Hour (PM Peak Hour) TJ I A * Denotes Critical Unsignalized Movement ■-T TQT/ Figure 2 Existing Lane Geometry and Levels of Service PHJ� A Traffic Impact Analysis of the Sempeles Property J December 16, 2002 Page 3 • 2012 BACKGROUND CONDITIONS Existing traffic volumes were increased along Rest Church Road, the I-81 northbound/southbound ramps and Route 11 using an historic growth rate of 5% per year (compounded annually) through Year 2012. Figure 3 shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2012 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. TRIP GENERATION Using the 6th Edition of the Institute of Transportation Engineers' (ITE) T:lp Generation Report, PHR+A prepared Table 1 to summarize the trip generation for the proposed Sempeles Property development. Table 1 Sempeles Property Trip Generation Summary Code Land Use Amount AM Peak Hour In Out Total PM Peak Hour In Out Total ADT 130 Industrial Park 1,197,900 SF 684 150 834 182 685 867 6,693 820 Retail 98,000 SF 96 62 158 297 322 620 6,729 Total Trips 780 212 992 480 1,007 1,487 13,422 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages show in Figure 5 to assign the Sempeles Property trips (Table 1) throughout the study area roadway network. Figure 6 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 4 PH 0 Average Daily Trips PH�� A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 5 0 4 No Scale U 0Signalized 5� Intersection B(B) Rest LOS = C(C) h est Church Road Ch�cROad *%w C(C) (C)C' Signalized iC�B �► Intersection o LOS = C(C) 1 CIO � O �4 a, p 11 669 Rest Church Road z Signalized oil Intersection LOS = B(B) (C)c .r► rr SITE 3b° s IJT T-D+ / \ AM Peak Hour(PM Peak Hour) Figure 4 2012 Background Lane Geometry and Levels of Service PH� A Traffic Impact Analysis of the Sempeles Properly L December 16, 2002 Page 6 0 No Scale I I II 1 11 WO 669 Rest Church Road z s� SITE CIO 1 � I I 1 ■-T T.'l Figure 5 Trip Distribution Percentages R+A A Traffic Impact Analysis of the Sempeles Property PDecember 16, 2002 HPage 7 • �~2I(IO �\ I6g(806 �zI(IpI� ) L SITE Average Daily Trips R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2 Pagee 8 PH 8 0 • 2012 BUILD -OUT CONDITIONS Sempeles Property assigned trips (Figure 6) were added to the 2012 background traffic volumes (Figure 3) to obtain 2012 build -out conditions. Figure 7 shows 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2012 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. CONCLUSION The traffic impacts associated with the Sempeles Property development are acceptable and manageable. All study area intersections maintain acceptable levels of service `C' or better for 2012 build -out conditions. PH� A Traffic Impact Analysis of the Sempeles Property L December 16, 2002 Page 9 0 • PR+AH �9(IpI �211 i1080 SITE Average Daily Trips A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 10 • 0 4 No Scale a � Q. U 0�� Signalized S� *ftft Intersection R � C(C) Rest LOS = C(C) est Church Roa � d Church ROad � C (C)C Signalized (C (C) Intersection �C� o LOS = C(C) 1►� p 11 669 Rest Church Road Signalized Intersection LOS = C(C) �1 4Nft C(C) (C)� V' SITE �4 A • AM Peak Hour(PM Peak Hour) I Figure 8 2012 Build -out Lane Geometry and Levels of Service R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2002 PH Page 11 i 0 To: Sempeles Properly File From: John Callow, PHR+A Date: May 9, 2003 M@rraOr$nc1as 208 Church Street, S.E. Phone: 703.777.3616 Leesburg, Virginia Fax: 703.777.3725 20175 Re: An Addendum to: A Traffic Impact Analysis of the Sempeles Pf opeT-ty Patton Harris Rust & Associates, pc (PHR+A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR+A, dated December 16, 2002. Subsequent to the December .16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In -an effort to address the corresponding traffic impacts, PHR+A has provided the following m docuents: 1) revised development -generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised'2012 build -out lane geometry and AM/PM peak hour levels of service results. TRIP ASSIGNMENTS The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR+A has provided Figure 1 to show the revised development -generated AM/PM peak hour trips and ADT assignments along the study area roadway network. 2012 BUILD -OUT CONDITIONS PHR+A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. CONCLUSION The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. An Addendum to: A Tratl — impact Analysis of the Sempeles Property • May 9R+A , Page 2 off 4 4 PH Average Daily Trips An Addendum to: A Ti a R.-Mpact Analysis of the Sempeles Property May 9, 2003 Page 3 of 4 w R No Scale �o w c r �I43(505 1 R(32515ch Road �450(476) (223)267 '*a* . i 669 Rest Church Road PI�IZ:l� Rest ch�-oh Road IS7 \ (423 0 Vt ~ 480416 � 3) 11 A. 1` 17(80) 3639)180 r 17 3(641) 40)46 Vr (80) (88)199 ft** fr SITE n � 00 � N - 47(20_? lj (22) woodbie Road n b h AM Peak Hour(PM Peak Hour) Average Daky Trips Figure 2 . 2012 Build -out Traffic Conditions An Addendum to: A Tray impact Analysis bf the Sempeles Property May 9, 2003 Page 4 of 4 No Scale .-, U O� S� F► Rest Churc �N r C(C) Road (C)C Signalized Intersection o LOS = C(C) CIO 669 Rest Church Road U /Signalized � \ Intersection Rest LOS = C(C) c4 R°ad C(C) (C)Cft,4 ftft# G O / j 11 Signalized U� Intersection LOS = C(C) *ftft c(q) (C)C ti r SITE ti l� Unsignalized A> Intersection IROad AM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement Figure 3 2012 Build -out Lane Geometry and Levels of Service 0 � s Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE SEMPELES PROPERTY ROUTE 11 NORTH REST CHURCH Stonewall Magisterial District February, 2003 Revised January, 2004 Revised March, 2004 Prepared by: Gilbert W. Clifford & Associates. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-09493 0 0 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 34-A-2, 34-A-4 Magisterial: Fire Service: Rescue Service: Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres 9.9997 101.9189 0.3495 112.2681 Current Zoning Zoning Requested RA B-2 RA M-1 RA B-2 W Dedication Total acrea a to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 200,000 SF Service Station 8,000 SF Retail 65,000 SF Manufacturing 500,000 SF Restaurant 25,000 SF Warehouse 500,000 SF Other 91 Sempeles H. General Criteria and Summary bnpactAnalysis Statement The 112,2681 acre Sempeles site is ideally situated for Frederick County to capitalize on the rapid industrialization of the I-81 corridor. The site is well suited for highway commercial together with a single large industrial use. As an alternative to a single use the industrial zoned areas can offer great potential for multiple uses as an industrial park. With rail access and direct access to the improved Rest Church Interchange on I-81, the site represents a valuable expansion of inventory to the Frederick County EDC and the Virginia State Partnership marketing for industrial use. Because of this location impact on county citizens are minimal. Where impacts do exist substantial buffering and screening have been proffered in mitigation. Transportation impacts have been reevaluated since this application was presented in February 2003. In response to VDOT concerns regarding the operation of the Rest Church intersection at Route 11, an addendum traffic analysis has proposed revised truck access to this site using Woodbine Road for access with car traffic and all outgoing traffic from this site using the Rest Church intersection directly. This change resulted in the need to revise the County Northeast Land Use Plan which has been accomplished. The proposal for commercial frontage (9.997 acres) on U.S. Route 11 was also considered as a change to the LECUP and approved. Since filing in February 2003, the FCSA and applicant have entered agreement for sewer and water service, the Rest Church sewer and water extension contract for construction has been awarded and work is in progress which will serve this site. Also, since the February 2003 application, VDOT has completed the Rest Church interchange improvements and this road improvement has been completed providing full transportation service access to the Sempeles property in accord with the amended proffer statement. The applicant believes that this rezoning will now result in opportunity for Frederick County to offer important pad available industrial site(s) and highway commercial which expands the tax base and provides a competitive advantage in attracting needed job producing industry to our County. Revision 1/04 9 0 Sempeles III. Impact Analysis A. Site Backg7-ound- and History ImpactAnalysis Statement The site for this proposed rezoning is located in the northern extreme of Frederick County adjacent to U.S. Route 11. The site crosses the West Virginia state line with Virginia with a small area in West Virginia. A total of 112.2681 acres is within Frederick County with 7.2748 acres of the site lying in Berkeley County, West Virginia. The site has frontage on the south on Woodbine. Road (S.R 669) and is bounded on the east by the Winchester & Western Railroad system. Additional lands owned by the owner to the east of the railroad include his home and surrounding agricultural lands. The principle use of this site has been agricultural, however, with the significant expansion of the interchange on Interstate 81 of Rest Church Road and the extension of water and sewer facilities to this area, attention has been shifted to the potential use of this site for economic development purposes in Frederick County. The attached location map and aerial photographs (Figures 1 and 2) show a clear potential for the usability of this site as a major industrial site for Frederick County. Transportation studies have been amended to provide clear feasibility and minimal impacts on the increased traffic utilization of Route 11, Rest Church Road, Woodbine Road and Interstate 81. Although the site offers excellent potential for a single large user it also offers the potential for multiple use industrial park along with a small amount of highway commercial on the U.S. Route 11 frontage. Revision 3/04 0 L Ry PROPOSED ZONING AREA B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning R/W Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac 1 1r— Ai �/ / I \ '\ \ ��► ` N WEST0-51JO ACRE NRCiYNLt/ NV HEST MRY.INN /� ✓✓ � � � �� l�� / / I � TOTAL PROfPOSED I � / 1 NE (FREDER 17GMY) \ /101.9184�C / Zoned RA *000,91 R,sn 19040 (let) TE 669 m uonrr oern�en Zoned Y-1 Butler Manufmhwing Zoned N- t SEMMES PROPERTY gilbert w. clifford &associates, inc. o \ GENERALIZED DEVELOPMENT PLAN sneer. Landt' . water oueity 0 0 'A 117 E Picadilly St. Vinchester, Virginia 22601 fREDERICK COUNTY, 19RGINL4 CE: (540) 667-2139 FAX: (540) 665-0493 EMU gwcoram0earth6nUom Figure 3A 11 Rd �e �i ay �r �'° i9:7 Z� o r �� Resd*00��YNE R�Q� J A/m,W DOHo�n Zoned M-, PROPOSED ZONING AREA B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning R/W Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac -aw m ,cRE N M ESr 6 RGM OH Jsp Fr. ♦A / zoned R4 . 669 f ButZo Ad M-Ifunnq / Zoned l � SEMPELES PROPERTY gilbert w. Clifford & associates, inc. p \ GENERALIZED DEVELOPMENT PLAN Ergneers Land Pkuwws water Ousity 0 0 A 117 E Fcada St Vinchester, Virginia 22601 FREDERICK COUNTY, KRG/N/A IMCE. (540) 667-2139 FAX: (540) 665—D493 EMAIL gwcarom0earth1iink.com Figure 3B • �67118lIi 1M, WEST NRI.YNLI h Ra i / 1 rbrAt PROPOSE, I i 0 1YOB (FREDERICk COUk7t,)101-9189 ACRES Alo eat—,J., AQW N NEST WKII co Zoned RA RR GIOAML_WA7FR AWM-EX7E/V310 / — / ` \ J ) V g o PER FCS4 CONCEPT -PLAN FOR <e REST CHURCH EXMMS<ON l REGIOAAL E-LLIFT VA17CW RE CH��C"P NS% 669 Zoned Y—J / Butler YIy Zoned Y-1 mi SEMPELES PROPERTY p= gilbert w, clifford & associates, inc. ti p UTILITIES PLAN Engheem Land Plarr►era Water Ouany 0 0 FREDER/CK COUNTY 19RG/N/A 117 E. Picodli y St Yfinchester, Virginia 22601 CE (540) 667-1139 FAX: (540) 665-0493 EMAIL gwcaromillmdhiinkmm Figure 7 a s 1 \ * AV 69 w� J i 1-0 I i i I 1 ror/ac CROP M f 1 E (fREDFR Nn-) 7 �1 S F✓✓ � T� i 0.5130 ACRE " WEST KAWNLI �m.91-as sac / t Qi �1\_�i (0 4� 4O / \�\ J % /�/� Zoned R4 �f9p *OOD9/r��C- O �'e9l TE 669 — Alonuzr DshM Zoned Y-7 BuNsi Alonulxt-iv Zoned A/-1 SEMPELES PROPERTY gilbert w. Clifford &assoc iates, inc, p \ DRAINAGE PLAN Eigimmrs land Pwrws water OURRY O O 117 E Picaddly St Mhnchester, Virginia 22601 FREDER/CK COUNTY, P7RGINL4 E: (540) 667-2139 FAX: (540) 665-0493 EkWL• gwcoram®earthrinkcom Figure 8 • 0 Rezoning Comments Sempeles Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr- P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA lVt_1 qa '7s County Attorney's Comments Assistant County ey' Signature &6 Notice to` Co my AitoJrney� Please Re t n, This Form to`ther_ApplYcanG 7 OUTPUT MODULE APPLLGANT; Sempeles KtAFiscal Impact ✓t3Ze Take �•-edi—�- Total Potential Adjustment For LAND USE TYPE B2f1A61 Costs of impact Crsdit' REAL EST VAL $8o,529,363 Required (entered in Cur. 8udgel Cur. Budget Cap. Future CIP! Other Tax Credits fUnadfusted) Revenue- Cost Szance Net Capital Nei Cost Pei __ar o�y1 Dwelling Unit FIRE 8 RESCUE : C3nfta Fadliiies co sum only) roper Cap EQu1D �cpSndM9tA ., Taxes $0 y1 S468,553 ERR Fire and 1Zescue Departmeni $468,553 _ — Elementary Schools so so s0 So so ERR Middle Schoolis $0 — — High Schools so $0 to $0 i0 ERR Parks and Recreation s0 $0 SO so $D ERR Public Library so $0 $38,131 $O $ 538,1$$t0 $38,1$0 ERR $0 ERR Sheriff's Offices o Administration Buikfing so So $91.429 S100,944 $192,373 $1°2,373 ERR Other Imisceltanecus Facilities SUBTOTAL 5468,553 S129,560 $100,944 so S230,508 S16,778,982 $230,504 $16,778,982 5238,045 ERR 16 ERR LESS: NET FISCAL IMPACT 616,778,982 NET CAP. FACILITIES IMPACT�i INDEX; "1.0" 1' Cap. Equip Included: 1.0 INDEX. -1.0" ff Rey -Cost Sal, -D.W 0 Ratio to Co Avg: 0.0 Rev Cpst Bat = 1.000 F LANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg =` 1.342 _— 1, Capitalfaciliities requlrarnents are input to the first oo)umn as calculated in tha model. METHODOLOGY 2. Net Fiscal Impact NPV from operations caiclafions is input in row W1a1 of second column (zero d negative); in aided are the or► 4rne (axesrtees (or orle Year only at h,Al value. 3. NPV of future roper cap equip taxes paid in third column as calculated in fiscal Impacts. 4. NPV Pf fetus caoital expenditure taxes Paid in fourth col as tal uilalpd in fcscal impacts. S. NPV o; f uturg taxes paid to bring rarrrent county up to standard for new facalies, as calculated for each new f&cilitY. 6- Columns three through fitha are added as potential credits agairul ttrt Calculated capital facilities regtpremeotp. These are agjustad for percent of coots covered by the revenu65 from the project (actual, or as ratio to avg. for ail residential devetopmerd). do include Include interest because they are cash payments up front. Credits do Include hnterest if the projects are debt financed. NOTE: proffer calculations not NOTES: Model Run Date 0212Al03 CMM . warehouse on 94.T5 acres zoned Project Desviption: A%Wnes200,00Dsq.ft. office; 65,000 sq.ti. retail; 25,000 sq.h. restaurant; �,000 sq.h. sere ce station; 500,006 sq.ft. manufadruring; 560,003 sq.Rc Mf Oistdcl and 9.D acres zoned 02 DL9tncl. Due to cherrgina conditions associated with development in the County, the results of this Output tJmdule may not be valid beyond a period of 90 days from the modal run date. 2002MOML --- — — - — Post -it" Fax Note 1671 From C.\' cep 1 _� _ ` Phan N l - CJ, Fax R 1 r l _ r.ti1(1 � Fax I \ n `n5� L (i"�, Ct, • REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sea., 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 for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10,3492 acres from Rural Areas (RA.) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions .may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning'not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Mister Development Plan shall be in conformance with all pertinent County regulations and shall be.in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 3/04 0 . Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for.this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (M1) portion of the site, and will therefore occur prior to approval of the first site plan for MI development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: 0 A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Fayade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 3/04 • 0 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. e. Any use involving .the retail sale of diesel fuel for trucks shall not be conducted or performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B -2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 3/04 L` Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A 4 Stonewall Magisterial bistrict Respectfully submitted, PROPERTY OWNER—"'"�' By: By: -� G or M. S peles rol T. Sempeles Date: Z/!_Z0 y Date: / 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th oregoing instrument was acknowledged before me this Z day of Q / , 2004, by �,J CYQQ, !"n Co My commission expire t'�T ` I� 0 Notary Public L� 10 a Page 4 of 5 Revision 3/04 • • SED ZONING A B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning (??IW Dedication) 0.3495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac tiaP ''�� ► I e.t.a �SEJ, a-z— \ �I CEc4R N. Mrra rZ\ \ I \'osEPR �/ l TOTAL PRO O '101.9189 r-a51M ACRE #V HEST WXtO WI ro \ 1 J P.ZN. N-A-I/(` / / / _ _ GEORGE At/SEA/PESES� 1 / /` Zoned RA �3.t.7/SifLAC�ES' SED M-1 _jj /-NorE,��?9A0 Loc4F1eN l SUB✓ECT TO AQ✓USTMEp1T TO USER REO Res *DD0, \roi �R+i F '904D Manuel DeMbven Zoned M-1 Butle Manufacturing Zoned M-1 w SEMPELES PROPERTY gilbert w. Clifford & associates, inc. p GENERALIZED DEVELOPMENT PLAN Erghesra Land Planners water of arty 0 0 FREDERICK COUNTY, VIRGINIA 117 L Picadill SL Winchester, Virginia 22601 (540) 667-2139 FAX: (540) 665-0493 BAL• gwcaramOeorthliAcom Page 5 of 5 AIN 34-A-54 alFORGE M. S&WHES L*f TA&C 0111 7w Pr. 470 NUWfR D#P*r?M L I N 255j*12,* c -- 100.31 as tio ACRES L2 f 51'JJ�07 C J1.47 ' co~ 375mw AAA -FT—,v 03-08 782.50 N NEST mwm L4 orva'36" E ll.m. L5 exvi Fe �i 71-58. TA&f S 2-VOJ'drO** N 2599.21' NRYE --a Cl 1 oe-a? n-- I J62-351543Y.Ml 75J431 N 20r2J �1111 I lk 5L d 76 IS ACRES N a -sr wmm PIN 34-A-2 Cloftor M. SEA09ai3 t Z4. CAROL r. $00*1i'S PIM N-A-4 AB. ow PG. I In GEVRGE IA SE301fla 0 67JI413 ACRES VA 746 PC. 2f4 SaJAW ACRES PROPOSED M-1 52J2M ACRES 51.7150 ACRES PROM= M-1 11 m- I za*- Iap=comml h4l 0-2 20AIC z. 14 N 2676 Ic 3c, '53 f G %APH 8-2 201w "man 424*7 ACRES PROPOSED DEDICATION, SEMPELES PROPERTY PROPOSED PARCELS AND PROPOSED REZONING STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA i-- n.�S; ioowl-2i'-f- '.. 1 • • � I � I I I I I I I I I I I I I I I I I I I I I I I III IMPACT ANALYSIS I I 0 • Sempeles III. Impact Analysis A. Site Background and History Impact Analysis Statement The site for this proposed rezoning is located in the northern extreme of Frederick County adjacent to U.S. Route 11. The site crosses the West Virginia state line with Virginia with a small area in West Virginia. A total of 110.71 acres is within Frederick County with 7.3 acres of the site lying in Berkeley County, West Virginia. The site has frontage on the south on Woodbine Road (S.R. 669) and is bounded on the east by the Winchester & Western Railroad system. Additional lands owned by the owner to the east of the railroad include his home and surrounding agricultural lands. The principle use of this site has been agricultural, however, with the significant expansion of the interchange on Interstate 81 of Rest Church Road and the extension of water and sewer facilities to this area, attention has been shifted to the potential use of this site for economic development purposes in Frederick County. The attached location map and aerial photographs (Figures 1 and Z) show a clear potential for the usability of this site as a major industrial site for Frederick County. Transportation studies have been amended to provide clear feasibility and minimal impacts on the increased traffic utilization of Route 11, Rest Church Road, Woodbine Road and Interstate 81. Although the site offers excellent potential for a single large user it also offers the potential for multiple use industrial park along with a small amount of highway commercial on the U.S. Route 11 frontage. Revision 1/04 ly / ° 571 Ridgeway ;,Clem BM 638 f - / 669 M 648 i - INTERCHANGE'B It f . i 7 BM 62 �98 � / ( _v 610 . � • ;� J "n 0 iB son. WheZtzk 64-9 �INTERGH NGE�3- �_ _ BM • Clear Brook- (ws 4 624 •dry � R�4p�`: ;I' Water � � o �i'UCS�tOiSrR Sempeles Property Scaler i•-z000- Figure 1 Y �~ 3 y f" ppR•.. i1 { r. _ 31 Jroil W ' �EMPELES _ , �,_ •� ,' PROPERTY IP • :iPr. D� L t s. :+i• i YY �� o�be 669 _.�,.. - E 4,f�3 1y .a t S. 1 � �� j[ '•,�1 Fir: � ',�' - SEMMES PROPERTY gilbert w. clifford & associates, inc. \ Lind PNrnwe w.� a�►y � o LOCATION MAP E�m L ' p 117 E Fita9lj SL WmttsW, Vir4fio 22601 FREDERICK COUNTY, VIRCINL4 VOICE: (540) 667-2139 FAX: (540) 665-W BI L: grcarw*wM**can Figure 2 Sempeles ImpactAnalysis Statement ifq B. Location and Access ■ The Generalized Development Plan (Figure 3A) shows a concept plan for the potential of the site. The property has in excess of 1,1-00 feet of road frontage on U.S. Route 11 and r 11 is directly opposite the intersection of Rest Church Road with U.S. Route 11. There is also -in excess of 1;600 -feet of -road frontage on Woodbine Road which will be restricted in use from large generation industrial facilities except to provide access for incoming trucks to the site. The location in Virginia which is the northernmost right to work state along the I-81 corridor, offers excellent feasibility for industrial use. The potential exists for employment opportunities by workers in other states as well as Frederick County. The frontage of the site -in which two quadrants of the Rest Church and U.S. Route 11 intersection exists, are ideally suited as pad sites for commercial use. The B-2 use will have access on the -industrial access -road as well as at two -points along U.-S. Route 11. Revision 1/04 "'0 PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 10 1. 71 Ac TOTAL AREA 110.71 Ac WEST vRGINIA 0.52 Acres �Ll ? I µ-1•" ZOIW/VC,�� 1,W.71 Ace I I V&730Pr4M ! j �� / ZonedIPA, J �c, 1-/ / d ter_.—�� A 9* NE ROgp 66`9 ' J� Morrue/ !Warm zoned M- I 80Al Monulocf-19 Zoned M- I SEMPELES PROPERTY gilbert w. Clifford & associates, inc. ti o GENERALIZED DEVELOPMENT PLAN B kwo . Land P.r, wm waier ousk 117 E. Picodily St. Wiindw Aer, Yroria 22601 FREDERICK COUNTY, VIRGIN14 rlCE (540) 667-2139 FAIL (540) 665-0493 EWC 9wcww*wrft*com Fiqure 3A • • Rq y PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 101.71 Ac TOTAL AREA 110.71 Ac 1 • ! /80 % I / ( I / i ( \ L AREA IN WEST 0.52 ARGesA r` \ ' Zoned /?A (RqJ T F 669 A/onuN D*Ho zoned AI-1 8aAr AAanu/achrfnp Zmod M-1 u= SEMPELES PROPERTY gilbert w. clifford & associates, inc. o GENERALIZED DEVELOPMENT PLAN Lwid PWrwm Wrier Q"KY O O 117 E RcadNy St Vrdaier, Virginia 22601 FRED£RICK COUNTY, VIRGINIA V01M (540) 667-2139 FAX (540) 665-0493 EYAL: 9w=w0e0th6*c0m Fiqure 3B ' 0 0 Sempeles Impact Analysis Statement C. Site Suitability The site is located within the limestone belt of Frederick County. The site rises from a low of approximately 610 elevation to a high point of 650 with attendant slopes -between 2% to 8% and with the majority of slopes between 2% to 4% in the industrial area. This -provides an outstanding terrain -for -industrial and commercial development. Drainage on the site proceeds from west to east and discharges the site at three points all adjacent to the Winchester & Western Railroad. Stormwater -management techniques employed during design will preclude impacts of site drainage on adjacent uses. ' There are existing residential uses along the frontage of U.S. Route 11 on either side of the Rest Church Road -intersection with U.S. Route 11. These uses can be substantially -buffered and screened from industrial zoned area as shown on the generalized plan. There are no steep slopes, floodplain or other environmental issues as identified as -problems on the site. Routine wetlands analysis during design can -mitigate any -issues -involved. Woodlands will be mitigated pursuant to County ordinance. In summary, the site is very suitable to industrial and commercial use and is designated in the County's comprehensive -plan for uses shown -in 3A and 3B. Figure 4 shows the County Comprehensive Northeast Land Use Plan. This plan has been revised by petition of the applicant to allow the commercial uses on the Route 11 frontage and the road system shown on the GDP (see letter approval in appendix). LI Cj V Revision 1/04 (r L— PROJECT SITE 0.5 0 0.5 Miles Duncan Run r� Allot `U 7a, 'A' / LEGEND Map Features at.hs ` Study Ana Boundary -- 1ElWoposed SWSA asaM Rural Geraen go Water Features /Perenrl St'..— . Nralonc Featurea Proposed Land Use j Resdenbal I/�/ Busur.a ' Ind-MW Rural Ares orretoWnmtaW S—",- Are.. Roads lmeralete P—ry Hlpg t)waya N Secondary Roads \ N R.W ads Proposed Route 37 Frtenswn _ New Collector Roads New Spn kM bon _ Np ` II Zoning B2 IBurna.s, Gananl pinch B3 (MMssbl Trarnalon DMM) EM (EmacM M.n6ch.ap Dralctl Mt pMrrtrW L4M DstrM M2 OndrstrlM, (,arural Deane) ��--- MHt (Mobil. Nons Coearsnty) RA (Rural Aral RP (R—d~ PwMmance 17tstrd) SEMPELES PROPERTY gilbert w. difford & associates, inc. Q^ FREDERICK COUNTY � COMPREHENSIt/E PLAN 117 E Frudly St. Winchester, Virginia 22601 FREDERICK COUNTY, ORCINIA VOICE: (540) 667-2139 FAX (540) 665-0493 figure 4 rnnrr per » », s .� 1" . � < "�i r � yr. w � H � .4 � �w ..w�7 X.,� : ►�` �S�' '"� � "�{ ,�. t1 '':• � ',..°' �, .,.�.�� _ ..aay .�reaY� � y�,rs� � � T+�u*.U•r'�`r wse Y. � n rI )7�`y it / h _37 "^�W t.ftry�i�"`�%d _ . +�'"` ��R� • �"'I .r� � '� nv.,�� saw p .' '� � na ,}. ole 44` aFyy ply ' e ' _ .S.�w I 1 Sempeles Impact Analysis Statement D. Traffic Attached to this section is a traffic analysis performed by PHR&A which analyzed the year 2012 impact of maximum development of this site on existing road systems. Access is concentrated at the Rest Church/U. S. Route 11 intersection with commercial entrances along U.S. Route 11. Significant discussion of the transportation system to this site evolved after the February 2003 agency comment submission and VDOT comment. The concerns prompted an addendum TIA (attached) and discussion with the Comprehensive Plan Committee, Planning Commission and Board of Supervisors -regarding a revised transportation proposal. The proposal, approved as an amendment to the County Comprehensive Policy Plan, provides for use of Woodbine Road for -incoming truck traffic with the Rest Church intersection with U. S. Route 11 functioning normally for outbound site traffic (cars and trucks). Revision 1/04 r • � LL+i rr�or$nda.Mr� ' r M.r 208 Church Street, S.E. Phone: 703.777.3616 Leesburg, Virginia Fax: 703.777.3725 20175 To: Sempeles Property File From: John Callow, PHR+A Date: May 9, 2003 Re: An Addendum to: A Traffic Impact Analysis ofthe Sempeles Propert Patton Harris Rust & Associates, pc (PHR+A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR+A, dated December 16, 2002. Subsequent to the December .16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In"ari effort to address the corresponding traffic impacts, PHR+A has provided the following documents: 1) revised development -generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised 2012 build -out lane geometry and AM/PM peak hour levels of service results. TRIP ASSIGNMENTS The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR+A has provided Figure 1 to show the revised development -generated AM/PM peak hour trips and ADT assignments along the study area roadway network. 2012 BUILD -OUT CONDITIONS PHR+A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. CONCLUSION The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. 1 I it An Addendum to: A Era May 9, #act Analvsis of the Sempeles Property PH TA f4 i{+Page 2 of 4 ` No Scale ( ` I7(80 ) 1 �80)4I) " . SITE Woodb- Road AM Peak Hour(PM Peak Hour) 1 , 1 1 1 1 1 1 1 1 1 i 1 1 1 A 1 An Addendum to: A Traffic &ct Analysis of the Sempeles Property May 9, 2003 Page 3 of 4 No Scale Rest Church p (505) (325)153 Road (47� (223)267 669 Rest Church Road Rest C . . hunch (4(341)6pV►d 80 (421) )416 (633) 11 Ip� q . N 1` 17(8 p) 639)I80 r 1 � 3(641) 634 0)46 (8p) (88)199 ft-.* f lSITE o Figure 2 2012 Build -out Traffic Conditions ' t I I M. 1 Average Daily Trips An Addendum to: A TrafflGbact Analysis bf the Sempeles Property May 9, 2003 Page 4 of 4 No Scale � Signalized Intersection r est ~ C(C) Rest OS = C(C) RChurch Roa d hW ch Road C (C)C � Signalized �C)C (C) Intersection y LOS = C(Q DI) p / 669 Rest Church Road 9 j 11 Signalized U� Intersection LOS = C(C) *%ft C(C) (C)C f '� 11 SITE * Unsignalized Intersection WOOd6.e Road AM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement 1 Figure 3 2012 Build -out Lane Geometry and Levels of Service 0 A Traffic Impact Analysis of the Sempeles Property Located in: Frederick County, Virginia Prepared for: Mr. George Sempeles 331 Woodbine Road Clearbrook, Virginia 22624 Prepared by: F- L Patton Harris Rust & Associates, E Engineers. Surveyors. Planners. Landscape Architec p 208 Church Street, S.E. Leesburg, Virginia 20175 T 703.777.3616 H F 703.777.3725 December 16, 2002 ' OVERVIEW I 1 Report Summary This study considers the traffic impacts associated with the build -out of the Sempeles Property development, to be located along Route 11, east of the Rest Church Road/Route 11 intersection, in Frederick County, Virginia. The proposed project is to include 1,197,900 square feet (I I0-acres at a 0.25 FAR) of industrial land use and 98,000 square feet (9-acres at a 0.25 FAR) of retail land use with access provided via a single site - driveway situated to the east of the existing Rest Church Road/Route 11 intersection. Methodology The traffic impacts accompanying the Sempeles Property development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for Sempeles Property, • Distribution and assignment of Sempeles Property generated trips onto the study area road network, • Analysis of capacity and level of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of Rest Church Road/I-81 southbound ramps, Rest Church Road/I-81 northbound ramps and Rest Church Road/Route 11. In order to determine the ADT (Average Daily Traffic), PHR+A assumed a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 0.10. Figure 1 shows the existing (2002) ADT and AM/PM peak hour traffic volumes at the intersections of Rest Church Road/I-81 souhbound ramps, Rest Church Road/1-81 northbound ramps and Rest Church Road/Route 11. Figure 2 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. PHI2� A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 1 No Scale ^� \ �l �� est Church Roa ~81((45) (185)70 d �224(45) (137)164 669 Rest Church Road -f- Figure 1 Rest :(142)64 37h R°ad 3I(42) �*ft6(IIO) O� N N D 11 q n (3g2)IIO (27)22` i Ny AD N SITE AM Peak Hour(PM Peak Hour) Existing Traffic Conditions PH� A Traffic Impact Analysis of the Sempeles Properly L December 16, 2002 Page 2 0 4 No Scale ¢ t j 0� Unsignalized Intersection Rest Church RQa �A(A)* Rest Church d Road Unsignalized •� 91 Intersection O � � 669 Rest Church Road \ / Izz / 1� Unsignalized Intersection SITE AM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement Figure 2 Existing Lane Geometry and Levels of Service R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2002 3 PH 3 2012 BACKGROUND CONDITIONS Existing traffic volumes were increased along Rest Church Road, the I-81 northbound/nouhbound ramps and Route 11 using an historic growth rate of 5% per year (compounded annually) through Year 2012. Figure 3 shows the 2012 background ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 4 shows the respective 2012 background lane geometry and AM/PM peak hour levels of service. HCS-2000 levels of service worksheets are provided in the Appendix section of this report. TRIP GENERATION Using the 6th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A prepared Table 1 to summarize the trip generation for the proposed Sempeles Property development. Table 1 Sempeles Property Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 130 Industrial Park 1,197,900 SF 684 150 834 182 685 867 6,693 820 Retail 98,000 SF 96 62 158 297 322 620 6,729 I Total Trips 780 212 992 480 1,007 1,487 13,422 I TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips was based upon local travel patterns for the road network surrounding the proposed site. PHR+A utilized the trip distribution percentages show in Figure 5 to assign the Sempeles Property trips (Table 1) throughout the study area roadway network. Figure 6 shows the respective development -generated AM/PM peak hour trips and ADT assignments at key locations throughout the study area. PHJL� A Traffic Impact Analysis of the Sempeles Property J December 16, 2002 Page 4 No Scale AM Peak Hour(PM Peak Hour) PH� A Traffic Impact Analysis of the Sempeles Property JL December 16, 2002 Page 5 • 0 No Scale �4 U 0�� ft hurt BB) 't C h Road (C)C Signalized oIntersection LOS = C(C) 00 669 Rest Church Road Signalized \ Intersection Rest SOS = C(C) ch Road Oft% C(C) (C)B ftft* O 11 Signalized Intersection LOS = B(B) (C)IC .r► rr SITE 9 AM Peak Hour(PM Peak Hour) I Figure 4 2012 Background Lane Geometry and Levels of Service R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2002 6 PH 6 No Scale I 1 I' I R, 11 I O 669 Rest Church Road cs, SITE C� o s I' 1 I' I ■ , TPT/ Figure 5 Trip Distribution Percentages PH� A Traffic Impact Analysis of the Sempeles Properly L December 16,2002 Page 7 No Scale 21 (10 16g�80 ) �21(1p1� ) SITE AM Peak Hour(PM Peak Hour) DailyI Average A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 8 2012 BUILD -OUT CONDITIONS rSempeles Property assigned trips (Figure 6) were added to the 2012 background traffic volumes (Figure 3) to obtain 2012 build -out conditions. Figure 7 shows 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 8 shows the respective 2012 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. if, 91 I I 71 L Ul CONCLUSION The traffic impacts associated with the Sempeles Property development are acceptable and manageable. All study area intersections maintain acceptable levels of service `C' or better for 2012 build -out conditions. P H R+A A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 9 n 1 No Scale PHRn '�16 �80� ^2iii 6) SITE AM Peak Hour(PM Peak Hour) A Traffic Impact Analysis of the Sempeles Property December 16, 2002 Page 10 0 0 No Scale tC'Ur��40ad C(C) Signalized Intersection o LOS = C(C) Signalized \ Intersection Rest hOS = C(C) ch Road � C(C) (C)Cy er O p 11 669 Rest Church Road Signalized Intersection LOS = C(C) �1 #ft" C(C) 91 SITE CIO • AM Peak Hour(PM Peak Hour) I Figure 8 2012 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Sempeles Property December R+A 16, 2002 Page 11 PH 1 i r 1 I I :, M@rr0i"$ndurYt 208 Church Street, S.E. Phone: 703.777.3616 Leesburg, Virginia Fax: 703.777.3725 20175 To: Sempeles Property File From: John Callow, PHR+A Date: May 9, 2003 Re: An Addendum to: A Tra c Impact Analysis of the Sempeles Prover Patton Harris Rust & Associates, pc (PHR+A) has prepared this document as an addendum to: A Traffic Impact Analysis of the Sempeles Property, by PHR+A, dated December 16, 2002. Subsequent to the December .16, 2002 report, the Sempeles Property development plan has been modified to include truck access along Woodbine Road via Route 11. In -an effort to address the corresponding traffic impacts, PHR+A has provided the following documents: 1) revised development -generated trip assignments, 2) revised 2012 build -out ADT (Average Daily Traffic) and AM/PM peak hour traffic volumes and 3) revised 2012 build -out lane geometry and AM/PM peak hour levels of service results. TRIP ASSIGNMENTS The trip distribution percentages for the revised Sempeles Property remain consistent with that of the December 16, 2002 traffic impact study. PHR+A has provided Figure 1 to show the revised development -generated AM/PM peak hour trips and ADT assignments along the study area roadway network. 2012 BUILD -OUT CONDITIONS PHR+A has provided Figure 2 to show the revised 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations within the study area. Figure 3 shows the respective build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are attached to the back of this memorandum. Traffic volumes along Woodbine Road were interpolated from 2001 VDOT (Virginia Department of Transportation) traffic count data. CONCLUSION The traffic impacts associated with the revised Sempeles Property development are acceptable and manageable. All study area intersections maintain levels of service `C' or better for 2012 build -out conditions. F1 An Addendum to: A Try cf act Analvsis of the Sempeles Property May 9, 2003 Page 2 of 4 No Scale w 0 I S� Rest y 85 (50) ( 4)39h Road (403) C sss Rest Church ROad PHRn Rest Church Ro�3 ad �4 (192)3I2 Vr 95�4S3 ) N �N 11 tj,� ! � I33�� (340)460 �� r I �(g0) I) (44)I6 4 � � l� . SITE � h O�6 1 �. ,%11 4I(Igs) (2I) wOOdb�e Road AM Peak Hour(PM Peak Hour) )MJM, Figure 1 Development -Generated Trip Assignments An Addendum to: A Trafic Ompact Analysis of the Sempeles Property May 9, 2003 Page 3 of 4 w w No Scale Cz wow �loQest ar�� 143(505 R(32 )15ch ROad �4S0(476) (223)267 669 Rest Church Road PH� Rest Ch (241� 0 ROad%ft0 -1) (423)4I6� (633) �j 11 z b h 17(80) ((40 )I80 i I7(8064 ) 1) (8g IggO � ) � � l� SITE o �ry e, N � n h 00 47(202) (22) I WOodb' • �e �/ Road l y h AM Peak Hour(PM Peak Hour) Average Dafly Trips Figure 2 2012 Build -out Traffic Conditions An Addendum to: A Trafc—ctAnalysis bfthe Sempeles Property May 9, 2003 Page 4 of 4 i P H R+A No Scale a U 0Signalized *aft Intersection Rest Churc JN -a C(C) Rest SOS = C(C) Road Bch Road � C (C)C Signalized (C)C .o (C) Intersection o LOS = C(C) C/) 0 / 669 Rest Church Road Y j 11 Signalized Intersection % LOS = C(C) <C)C ti j SITE ti l� Unsignalized Intersection �► W °Odb1rie Road AM Peak Hour (PM Peak Hour) * Denotes Critical Unsignalized Movement Figure 3 2012 Build -out Lane Geometry and Levels of Service 0 Sempeles 0 ImpactAnalysis Statement P E. Sewage Conveyance and Water Supply The Frederick County Sanitation Authority has prepared a concept plan for the extension of water and sewer utilities to the Rest Church interchange area in accordance with water and sewer service area plan contained within the comprehensive plan. Attached as Figure 6 is the overall schematic of the FCSA plan. This rezoning proposal provides a location for a regional pump station in accordance with the FCSA plan and provides extension of gravity sewer service into the site to serve proposed uses. See Figure 7. The FCSA plan likewise provides for the extension of water service along the U.S. Route 11 corridor which is likewise extended into the site. The rezoning of this site will allow for a customer service potential which will improve the cost feasibility of extension of these utilities by FCSA. ' Sewer service will be limited by the capacity of the Rest Church extension to a maximum for Rest Church of approximately 100,000 gallons per day of wastewater generation. This site is being planned for uses generating approximately 35,000 gallons per day of wastewater. This allows a large range of light industrial uses as well as commercial including usage by other customers -in the service area. Fire demand will be provided from the FCSA main together with onsite storage and booster capacity built by the industrial user. The possibility of jurisdictional connection with the Berkeley County Service Authority will provide the possibility of regional Ncooperation in serving the Route 11 corridor between West Virginia and Virginia Authorities. Storage located immediately north of this facility in Berkeley County may have some combined asset to the system. Elevated storage by FCSA is a possibility which could be assessed based on user -requirements for this 100 acre site. A construction contract for the needed improvements has been awarded by FCSA and work is in progress for these facilities to be in place and operational during 2004. Revision 1/04 d m m m s m m m= m m m m= r== m r 400 NEW 20' WATER MAIN (OPERAT 00 EASRNC loot �1 ' Pl/IP STATION T2' .TERCLfARBOOK PUVP STARLW TO REST AREA N1OT REST 380 GFw 22 bw AREA (SW Ano FN- - . WHO) IP ' IN G HGL - 980) -' VN _ NEW SAINTARY—/� �\ NORTHERN WA111# STA PUMP STA iIpNTREATMENT PEANi NEW SANiiARr / EI/SRNO (UNDER CONSTA" I M At FORCE MAWS/ WA IED HIAjI RUN PUMP STARON �1 FUTURE MATT RUN ... \FUR+RE a, ARUROpc 860 IwM .s Mm ,{ PUNY STATION MOT PUMP STA ROW � PUaw S 31 Ibn IJ MWf I ROUTE it 800$TER 560 &I'M .J2 1/OD wwrP (FFLUENT 0 1 j ` PUMP STATIONf$ b A Fl— - Ob MCO) ' FUTURE 180_ PUMP STA➢ON 12' WATER MAIN $j 6' FORCE MAIN '# REST CNYARGTI PU1P SiA IK)N me Gm (sr AM Ph. I.. Ito 1' Al� WARP I[P AM 10' s+amI � WMN� 'ammovo FREDERICK .COUNTY" SWSA LINE , r f ` \ (Ref. NE Land Use Plan) -- LONER N/A FT RUN PUMP STA TIM ` 80 CPU .05 MCO (Sub A— F70. = .OS YGO) FUTURE SIEPNENSON SERNC£ AreO w FUIURE BRUCETOKN SERNCE AT.D ' (04 MCO) I ; (02 MOO) LDCATION TO BE DETERW ED By COUNTY woo a...,IT „o p FREDERiCK COUNTY SANITATION AUTHORITY 1'=T000' wTL MAY, 2002 gilbert w, clifford & associates, inc. ROUTE 11 NORTH SEWER AND WATER SERVICE AREA •gym t+: C.H.H. E.p.ttTt - I..e In— - W.Et. Q..Mv SWSA Plan oa.N m: T.A.P. l..-t aA. o.....l.a m. nl .1T 4A PN.ttlib w,..l ArvRotm m MO tM-t110 wI-zT:t TRLDLRICK COUNTY VIARAC.E.H. sor FIGURE 6 • is i i o 0 441 Rd SAT- /G£ORGENAt. 34 APECES CRE, AREA IN WEST vIRG1NIA 0.52 Acres J GEMW At SEW wr MM 4 O �SEMF'ELtS \ \�i 1 I /r \oa��i�s AO11G4L �1'r4jR �4(Nl ) ( fi PRESr ER HURICNS/AN REGIOML �S* �� ROKO za..e .w-, SEMPELES PROPERTY UTILITIES PLAN FREDERICK COUNTY, WRGIN14 gilbert w. clifford & associates, inc. Enowere L.nd Plem" water Omft 117 E PkWily SL Vkhesta, Vqg * 22601 £ (540) 667-2139 FAX: (540) 665-0493 o+AL gwcm«noeorthlnkxom F� Figure 7 Sempeles 0 • ImpactAnalysis Statement Sempeles Rezoning Water Use/Wastewater Flow Summary Frederick County, Virginia Land Use Amount Quantity Unit Total Office Park 200,000 SF 4,000 Warehouse 500,000 SF 5,000 Manufacturing 500,000 SF 10,000 Service Station 8,000 SF 4,000 Restaurant 25,000 SF 6,000 Retail 6,500 SF 6,000 35,000 Sempeles Impact Analysis Statement F. Site Drainage Site drainage flows from west to east and discharges the site at three points along the Winchester & Western Rail facility. Locations of stormwater management facilities are shown in approximate location to where they will be sited during design. The potential is excellent for this site to meet all the requirements of the Virginia State Erosion Control Manual in Frederick County's stormwater management regulation. Because the potential ' for groundwater impact exists in the limestone terrain consideration of lined stormwater management ponds is appropriate and proffered. Suitable devices will be installed in the stormwater pond areas to provide separation of pollutant discharge including floatables in accordance with a VPDES permit -required at the time of industrial development. Appropriate stormwater management techniques can reduce impacts of site drainage to acceptable and manageable levels. �1 I h 1 � I I A10 4 Cj 1K, 1� 1 ZN [A- \ \ \ \ L �/' i /'V09 ACR (15r -� AREA 7N WEST vIRGIN7A 0.52 Acres /t.Nvv—'/ nl�l�` �/ / 11 ►c,'j�// j� Z~Ra \ _ I , v e/SCBL'GRJ' dj j / I — 'EEO14 �SEAI ' 1 / �S+ro / �i -jj if R,s. NF R040 9 Zoned M-1 But- Ma'w/orMinq Zoned M-1 SEMPELES PROPERTY litgilbert w. Clifford &associates, inc. ti 0 o DRAINAGE PLAN Bub"m Land Pkmem w.fer owft 117 E hco St Nrn a, VWWW 22501 FREDERICK COUNTY, ►�7RG1N1A (540) 667-2139 FAX (540) 665-0493 D#C gwcaom0earlNink= Fiqure 8 0 Sempeles 0 ImpactAnalysis Statement ti G. Solid Waste Disposal Facilities Solid waste will be removed from the site using commercial carrier and transported to the Frederick County Landfill. The following chart reflects the projected tonnage of solid waste produced by the proposed uses. It is expected that the capacity exists within the Frederick County Landfill facility to handle the proposed increase. J � I � I � I i is I I I I I I I I I I I I I I Sempeles Impact Analysis Statement Sempeles Rezoning Solid Waste Generation Summary Frederick County, Virginia Amount Land Use Quantity Unit Retail 65,000 SF Restaurant 25,000 SF Service Station 8,000 SF Office Park 200,000 SF Warehouse 500,000 SF Manufacturing 500,000 SF Unit Value (GPU) Total 0.1 NSF 6,500 0.1 #/SF 2,500 0.1 #/SF 800 0.05 #/SF 10,000 0.01 NSF 5,000 0.01 NSF 5,000 Total 29,800 Estimated Solid Waste 14.9 tons/day Sempeles Impact Analysis Statement H. Historic Sites and Structures A summary of potential historic sites surrounding this project are shown on Figure 9. Of those identified, #156 "Sasparilla Springs" is the only one named potentially significant. This site is currently the home of Mr. George Sempeles and family, who is the applicant in this rezoning. The structure is being well cared for and does not exist on lands ' requested for rezoning. Development of the proposed site will have only minimal impact on "Sasparilla Springs" primarily due to view shed issues. U.S. Route I I was the general route of an ancient Indian trail, which during colonization in America, became the Valley Turnpike and was the major route of commerce. Although much travel and activity occurred along the "Valley Pike" including use during ' the Civil War by both North and South, no events of significance have been associated with the site currently applied for in this rezoning. ' The impacts on historic resources are found to be acceptable and manageable on this application. 1� 1 I 1 1 I I P� I Sempeles ImpactAnalysis Statement A 1 1 1 G 1 I. Impact on Community Facilities There will be a level of impacts on certain community facilities resulting from this project. The expansion of commercial and industrial in this location will have an impact on fire and safety resources. The first responder (Clearbrook Fire and Rescue) will see increased departmental emergency calls as the result of the build out of these facilities. There will be no measurable impact on schools and parks. Solid waste volumes will increase as estimated with payment to the landfill in accordance with disposal requirements (per enterprise fund). There will also be some impacts on County Sheriff and Administrator operations. The facilities to be created are taxable pursuant to County codes and this presents a substantially positive impact as reported in the County Impact Model. Regardless of this finding, the applicant has chosen to provide a cash proffer to the affected CIP agencies as shown in the voluntary proffer, which is a part of this application. The Capital Impact Model provides an estimate of impacts which are partially mitigated by proffers attached. It is proposed that the increased tax generation from the commercial and industrial activities will offset the costs of increased services many times over. 1 • i � I � I � I � I � I I I I I I I 1.11 IV FREDE"CK COUNTYIMPACT MODEL M swim M am 2WWq swan� AW s aW As tm A �MW,N i J D J 7 I OUTPUT MODULE APPLICANT: SempMas Net Fiscal Impact Casts of Impact Cred11' �P Ia be Take Tdal Potential Adjustment Fot LAND USE TYPE B2W REAL EST VAL $80,529,383 Roquired (entered in Cur. Budge+ Cur. Budget Cap. Future CIP/ F� d1Deh1 S__ 7aYac MEIt Tax Credits a3yiusledl Revenue- Cost Balance Net Capital Net Cost Per F �=a �n9 t� FIRE & RESCUE 1 lal Factlies cot Sum only) Qp�faa Eoulo S4 SO $468-553 ERR Fire and Rescue Department $458,553 Elementary schools $0 $0 so SO SO $0 ERR Middle Schools _ so — — High Schools $0 $0 So SO So ERR Parks and Recreation $0 $0 SO s0 $0 ERR publSo $0 $38,131 $0 SO $38.131 $38,13i $0 ERR Sheriff'sO c Sheriff's Offices Sp $0 $0 so ERR Adm Building SO $91,429 S100,944 mis 5192,373 5192,373 $0 ERR OtherMiscetlaneo+rsFacilities SO r miscionellaneous SUBTOTAL S488,553 $129.560 $100,944 $0 S230,504 516,778,962 $230,504 $16,778,982 $238,049 ERR ($ IZ$_� M LESS: NET FISCAL IMPACT $16,778.982 ERRI NET CAP. FACILITIES IMPACT INDEX: "1.0' If Cap. Equip Included: 1.0 0.0 Rev -Cast Bat = 1.0W INDEX: -1 V if Rev -Cost Bat, 17.0' 0 Ratio to Co Avg: 1.0 1.0 Ratio to Cc Avg = 1.342 PLANNING DEPT PREFERENCES 1. Capt al taaT6as requirements are input to the first column as calculated In the model. METHODOLOGY 2. Net Fiscal Impact NPV from operaliars calculations Is input in row lolal of second column (zeta d negative); included are the one -lone taxeslfees for one year only at full value. 3. NPV of future oiler cap equip taxes paid in lhkd column as calculated in fiscal impacts. A. NPV of future capital expendhm taxes paid in fourth col as calculated in fecal impacts. 5. NPV of future taxes paid to bring current county up to standard for new (aclfiues, as calculated for each new facilft. 6. Columns three through five are added as poten(ial credits against the calculated capital -facaies requirernertis. These are adjusted for pwoenl of costs covered by the revenues tram the proja l (equal, or as ratio to avg. for all residential developtrwnt). include include interest because they are cash payments up front. Credits do include interest 9 the projects zre debt financed. NOTE: Proffer aculations do not NOTES: Model Run Oete 02/Z4l03 Cfi{M Assumes 200,000 sq.ft. otfica; 6.5-000 sq.ft. retail; 25A00 sq.H00_ restaurant 8,0 sq.ft. service station-,500,000 sq,tt. manufacturing; 500,OGO sq.ft_ warehouse on 94.75 acres zoned Pregect Description: M 1 District and g.0 acres Zoned 82 Dislcia Due to changing conditions associated with development in the County. the results of this Output Module may not be valid beyond a period of 90 days from the model run dale. — 20(y1MODEL --- a a 1 1, 1 1 1 1 1 1 1 1' 1 1 1 1 1 1 li 1 1 VII SUR VEYPLAT & DEED 0 0 ORGINM LAND P.I.N. 34-A-2 GEORGE M. SEMPELES cC CAROL T. SEMPELES DB. 909 PG. 1159 60.54 ACRES i a mot a ; a WRGIN64 LAND P.I.N. 34-A-4 �q GEORGE M. SEMPELES DB. 746 PG. 214 50.17 ACRES *00,0611VE R 669 k� �. AREA IN WEST ORGINL4 $ 6.78 Acres AREA /N WEST WRGINL4 o.52 Acres 4� 1 Q �P �(v Zoned RA �G SEMPELES PROPERTY gilbert w. clifford & associates, inc. ' o o FINAL PLAT Bvrmen Land P%mem w.lw oudty 117 E Piioo* SL Wmhester, Wginio 22601 fREDERICK COUNTY, WGINTA - (540) 667-2139 FAX-- (540) 665-0493 DIAL: qwarw4eortfil&com It;e- 7all-ilz I 1 BK909";31159 THIS DEED, made and dated this /0 day of July 1998, by and betw1on WILMA V. SCHLLACK. party of the first part, hereinafter g called the Grantor, and GEORGE M. $.&MPLrL$$ and CAROL T. SEMPEIM his wife, party of the second part, hereinafter called the oGrantees. NOW THEREFORE, WITHESSETH: That in consideration of the sus i of Ten Dollars ($10.00) and other valuable consideration, the 3 Grantor does hereby grant and convey in fee simple absolute, with General Warranty of Title and English Covenants of Title, unto the Grantees, jointly, as tenants by the entirety, With the intent that the survivor shall take the fee simple title by c000n law right of survivorship, together with all rights of way, privileges, appurtenances and improvements thereto belonging, and subject to all easements and legally enforceable restrictions of record affecting the following real estato: All the certain tract or parcel of land with the buildings -nd improvement thereon and the appurtenances thereunto belonging, originally containing 70 acres, more or less, known as the "Rest" farm, approximately nine miles North of Winchester, in Stonewall Magisterial District, Frederick County, Virginia. And being the sane tract which was conveyed to John W. Schlack, by Dead from J.D. Dillon, at al, dated October 30, 1905, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 126 at Page 212. Less and except: one acre, more or less, conveyed to John J. Ridgeway by Deed dated February 15, 1918 of record in the aforesaid Clerk's Office in Deed Book 1.11 at Page 394. Further Less and Except: A small parcel conveyed to Elmer N. S4a[tz, at al, by Deed dated Mirch 30, 1959 of I L� ON, 1i0J1 1 60 record in the aforesaid Clark's Office in Dead Book 257 at Page 49. And Further Less and Except: That portion of said tract containing approximately 6 acres more or less in Berkeley County, west Virginia. The said John W. Schlack died testate and by his will dated April 10, 1935 and recorded in the aforesaid Clark's Office in Deed Book 53, at page 131, devised said realty to his wife, Anna B. Schlack, for life, with remainder to his daughter, Wilma Virginia Schlack and Wilmer Virginia Schlack, being one and the same person. The said Anna B. Schlack died testate in 1971 thereby vesting title in Wilma V. Schlack. This conveyance is made in gross and not by the acre: subject, to all rights, rights of way, and restrictions of record, affecting the subject property. Witness the following signature and seal: Wilma V. Schlack STATZ OF VIitGINIA, CITY/ of%�-^ �. _ to -wit: I, fit_/ n h/A. /l. a Notary Public in and for the State of Vi-g!nia, do hereby certify that WILMA V. SCHLACK whose nzme is signed to the foregoing instrument has personally appeared befcre is and acknowledged the same in the State and jurisdiction u. resaid. riven t.:t ar my hand this /0 -day of July, 1998. '�,. ,{•...2�� Notary Public 4— Wy cusmission expiras: 1)z%7a14_, sc , Z ova j.� THIS INSTRUMENT PREPARED BY: Mark E. 5tivera, taqulra ysgs&kAcfDan Oct 120 E. Coc-k Street Thy _yar,rw�nt ylucr was Winchester, VA 22601 dW01 and WMA OartlaONe OI Naprnwµ Itt.rao tfnn•■.o woI ap�loed to noora• Tam Mpwb aK {�. 1402 of he" W6e Paw. M &&&*stable 10 • �ARm qrniour BENEFIT OF TITLE EXAPUNM N 5,075-Gen ' 6/sk 6/ 6/6/90 OK746PG0214 THIS DEED :Wade and dated this �� iday of 1990, by and between George M. Sempeles, Single, party of the first part, and George M. Sempeles, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant and convey with general warranty of title unto the party of the second part, homme sole, to be his sole and separate equitable estate for his sole and separate use and benefit, free from any control, marital rights, dower rights or inchoate (lower rights of any present or future wife, all of which are expressly excluded, and with the full and complete power in and toward the said party of the second part to convey, encumber, devise and otherwise dispose of and deal with the herein described parcel of land without the necessity of joinder by and/or with any present or future :,rife, all as provided in Section 64.1-21, Code of Virginia of 1950, as amended, the fallowing described property and appurtenances ithereunto belonging: All of that certain tract or parcel of land, containing 52.230 acres, more or less, locatod on Route 669 about eight (8) miles northeast of Winchester, Virginia, lying and being situate mostly in Stonewall Magisterial District, Frederick County, Virginia, and partially in Mill Creek District, Berkeley County, West Virginia, and includes Route 669, a thirty (30) foot prescriptive right of way, with the southern side of said right of way being also the southern bound&ry of the said land, which is more fully described by plat and survey of Thomas A. Shockey, L.S., dated February 25, 1985, attached to 8K746PG0215 and by reference made a part of the deed whereby the party of the first part acquired this property from Eugene E. Grove and Barbara Grove, his wife, said deed dated March 22, 1985 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 591 at Page 211 and recorded in the Office of the Clerk of the County Court of Berkeley County, west Virginia, as Instrument No. 15 Reference is here made to the aforesaid instruments and the attachmente and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, rights of way and to any and all deeds of trust constituting a lien against the property. Except as noted above, the party of the first part covenants that he has a right to convey said property to the party of the second part; that he has done no other act to encumber said property; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that the party of the second part shall have quiet possession of said property free from all encumbrances. DECLARATION OF CONSI7ERATION_OF VALUE George M. Sempeles, whose address is Route 1, Box 102P Clearbrook, Virginia 22624, upon signing this instrument, being familiar with the transaction herein involved, by affixing his s:glature to this deed, hereby laclares under penalty of fine and imprisonment, that the - 2- II BK746PG0216 total consideration paid for the property hereby conveyed is None. n WITNESS the following sign seal (SEAL) Geo M. empeles STATE OF VIRGINIA AT LARGE OF , To -Witt The foregoing instrument was acknowledged before me by George M. Sempeles. Given under my hand and notarial seal this iidny of 1990. My Commission expires L � S :74( S E A L ) Notary Pu1SZ 1c VU ammbAtft. z so sb uarti. "Tris instrument prepared by: H. Edmunds Coleman, III Attorney at Law Costello, Dickinson, Johnston, Greenlee, Coleman 6 McLoughlin, P. C. 107 North Kent Street P. 0. Box 2740 Winchester, Virginia 22601 (703) 665-0050 JIRGINIA:FREDERICKCDUhtT`�f�� This instrument of; grit+ng�w� a P� ^„ to rne�,on the n �rt��-• 1g�=8t ah d with certiticete ack� m twr tteto annexed w36 admitted to record• �61 "" CLERK � I IF I I I I I I I I I I A, c I I I I IU I I I I I I I I TAX TICKET A X R E C E I P T - Y E A R ' V T-' nr'1? T rK cnTTNT'T'Y .. ^V ?.'. �vliv..nLbi�li vA z2604-02G:� 2003 REAL ESTATE TAXES 50.78 ACRES 34 A Acres: M M —M M 4r 2 0 0 3 Ticket #:0029' 70002 @@ inn G i 318 Previous 4 Balance $ 31.36 50.78 Principal Being Paid $ 31.36 Land: 8593 Imp: 0 Penalty $ 3.14 Interest $ .29 SEMPELES, GEORGE M. Amount Paid $ 34.79 *Balance Due 331 WOODBINE RD as of 12/10/2003$ .00• CLEARBROOK, VA 22624 1353 Check 25583.25 # BOC 3389 Pd by SEMPELES, GEORGE M & CAROL T ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST.- (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:0029' *0002 @@ L'T'RT)RRTCK CnTTnTTV Dept # RE200302 Ydit�`iiESTER VA 22604-0223 T>CCT# 6674 2003 REAL ESTATE TAXES Previous 60.54 ACRES 34 A 2 Balance $ 571.45 Acres: 60.54 Principal Being Paid $ 571.45 Land: 46862 Imp: 109700 Penalty $ 57.15 Interest $ 5.24 SEMPELES, GEORGE M & CAROL.T Amount Paid $ 633.84 *Balance Due 331 WOODBINE RD as of 12/10/2003$ .00 CLEARBROOK, VA .22624 1353 Check 25583.25 # BOC 3389 Pd by SEMPELES, GEORGE M & CAROL T ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Renee' S. Arlotta RE: Return Of Sign Deposit DATE: May 27, 2004 The amount of $50.00 was deposited in line item 43-010-019110-0008 for the person named below as a deposit for a sign for Rezoning Application 902-04. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: George M. & Carol T. Sempeles 331 Woodbine Road Clearbrook, VA 22624 RSA/dlw 5 -� '0 4 107 North Kent Street - Winchester, Virginia 22601-5000 Yu> Purttjfrebent ebarge 1233 Adt cburrb Aoab Ctearbrooti, VA 22624 (540) 665-2926 `Rust unit¢d MohodiM Church �'�y�. CHURCH R trend Nancy Compher, Pastor February 9, 2004 The Honorable Russell Potts Senate of Virginia PO Box 396 Richmond, VA 23218 Dear Senator Potts Whitsz fla11 Unittzd MOhodi6t Church f3 As you are aware, the recent Virginia Department of Transportation (VDOT) construction project involving the new six -lane bridge over Interstate 81 on Va. Rt. 669 has caused considerable controversy within the local community and with local property owners in northern Frederick County. One of the controversies remaining unresolved involves the unsafe entrance/exit to and from US Rt. 11 to the parking lot of the Rest United Methodist Church, which is immediately adjacent to Rt. 669. During the course of the construction the church's access to Rt. 669 was permanently closed, leaving only one entrance/exit to and from the parking lot. To further compound the single entrance situation, the entrance/exit to the parking lot is within 100 feet of the Rt. 669 & US Rt. 11 intersection. This, by VDOT's own admission, creates an unsafe traffic condition. To date (covering about 2 years of dialogue), Rest United Methodist Church (through the Winchester district of the Virginia Methodist Conference and through the law office of Mr. Thomas M. Dickinson Jr.) has attempted to reach a fair and equitable settlement with VDOT regarding the loss of the second entrance/exit, and more importantly the unsafe traffic condition created by the construction project. However, it now appears to the members of Rest United Methodist Church that VDOT continually attempts to delay and/or prolong bringing this issue to acceptable closure. Rest Church has provided a gathering place for worship for many northern Frederick County residents over the years, and has been a landmark in the local community for over 100 years. However, many members of the congregation are now gravely concerned over the unsafe entrance/exit created by the construction project. The existing traffic hazard not only threatens the safety of the present congregation (the majority of whom are your constituents), but also reduces the viability of the church due to a limited and unsafe facility to support the present and future needs of the church. Due to space limitations herein, I have not provided any details relative to the issue; however, I am confident that the Reverend Jay Hanke, District Superintendent of the Winchester District of the United Methodist Church, and/or Mr. Tom Dickinson, Esq., would welcome the opportunity to speak with you and discuss the details surrounding the situation. Page 2 of 2 As Rest United Methodist Church has stated many times over the past two years, the congregation is not seeking to capitalize on the Commonwealth of Virginia regarding any perceived damages to this church created with the widening of Rt. 669. However, the members of Rest United Methodist Church do believe VDOT should bear the burden of restoring a safe access to its property. Therefore, the Trustees are seeking any help you and/or your staff can provide in resolving and bringing this matter to closure in a timely manner. Sincerely, ! 3 Robert D. Van Metre Chairman, Board of the Trustees Rest United Methodist Church 1233 Rest Church Road Clearbrook, VA 22624 Copies to: The Honorable Beverly herwood House of Delegates General Assembly Building PO Box 406 Richmond, VA 23218 The Reverend Dr. Jay Hanke Superintendent, Winchester District The United Methodist Church 21 South Kent Street Winchester, VA 22601 Tom Dickinson, Esq. 102-2 South Kent Street Winchester, VA 22601 0 TRANSMISSION VERIFICATION REPORT TIME 03/01/2004 12:34 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.0 BROC2J178677 DATE DIME 03/01 12:34 FAX NO./NAME 96650493 DURATION 00:00:35 PAGE(S) 02 RESULT OK MODE STANDARD ECM TO: . COMPANY: COUNTY of FREDERICK Department of Planning and Development 107 Nortb Kent Street a Winchester, Virginia 22601-5000 Telephone: 540/665-5651. •FAX: 540/665-6395 FAX TRANSMISSION Date: 3-7, ZO Number v£Pages (including cover sheet) COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX #: 6 (1 °� _ 6 V7 3 Date: l 0 Number of Pages (including cover sheet) From the desk of: d3�� elJelli��er A* is OUTPUT MODULE APPLICANT: Sempeles Net Fiscal Impact i LAND USE TYPE M1/132 Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For I REAL EST VAL $80,529,383 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 1 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit I Fire and Rescue Department $468,553 $0 $0 $468,553 #DIV/O! Elementary Schools $0 ---- --- Middle Schools $0 $0 $0 $0 $0 $0 #DIV/O! High Schools $0 --- Parks and Recreation $0 $0 $0 $0 $0 #DIV/0! Public Library $0 $0 $0 $0 $0 #DIV/0! Sheriffs Offices $0 $38,131 $0 $0 $38,131 $38,131 $0 #DIV/O! Administration Building $0 $0 $0 $0 $0 #DIV/0! Other Miscellaneous Facilities $0 $91,429 $100,944 $192,373 $192,373 $0 #DIV/O! I SUBTOTAL $468,553 $129,560 $100,944 $0 $230,504 $230,504 $238,049 #DIV/0! LESS: NET FISCAL IMPACT $16,779,828 $16,779,828 $16,779,828 ($16,779,828) #DIV/0! NET CAP. FACILITIES IMPACT 0 #DIV/O! I INDEX: "1.0" If Cap. Equip Included 1.0 I I INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 I PLANNING DEPT PREFERENCES 1.0 1.0 ----------------------- Ratio to Co Avg --------------------- 1.342 ------------------------------------- I ------ -------------- ----- ----- --- - -- - -- - - - - - -- --------- ------------------------------------- ----- ------------ METHODOLOGY: — 1. Capital facilities requirements are input to the first column as calculated in the model. I 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column I (zero if negative); included are the one-time taxes/fees for one year only at full value. I 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital I facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). I NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. —- - -- - - --- --- - - - - - --- - ----------- - --- ----------------- ---- --------------------- I ----------- ------ ----------- ------- --- - - - I NOTES: Model Run Date 03/01/04 CMM I Project Description: Assumes 200,000 square feet office; 65,000 square feet retail; 25,000 square feet restaurant; 8,000 square feet service station; 500,000 square feet manufacturing; and 500,000 square feet warehouse on 101.71 acres zoned M1 District and 9.0 acres zoned B2 District. I I Due to changing conditions associated with development in the County, the results of this I I Output Module may not be valid beyond a period of 90 days from the model run date. ---------------- - ---------- ----- ----------------- -------------- ------ ------------------------------------- ----------------- ----- --------- ----- -------------------- ---------------------- I ----------- ----- ----- ------------ ------- ----- I I I I I I I I I gilbert w. clifford & associates, inc " INCORPORATED 1972 Engineers — Land Planners — Water Quality 2 July 2003 Ms. Abbe Kennedy Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Rest Church Road Intersection with Route II CPPS Meeting — July 2003 Dear Abbe, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Attached is a response from VDOT which confirms their desire to look at directing inbound truck traffic from I-81 through a right turn to a left turn on Woodbine Road. The segment of Woodbine Road from U.S. Route 11 to the railroad crossing was upgraded to an industrial access standard years ago when Butler Manufacturing located on their present site. Inbound trucks to the Sempeles industrial site would turn left from Woodbine Road and return through the Rest Church Road intersection with Route 11. Woodbine Road would be designated as the major collector for rail crossing and further east. Future westbound traffic on Woodbine could use the internal access provided by Sempeles to return to I-81 with direct crossing at the Rest Church/Route 11 intersection. We look forward to meeting with the CPPS next week. Sincerely yours, gilbert w. cli _91rd & associates, inc. C. E. Maddox, Jr., P.E., Vice President CEM/1f Enclosure cc: Mr. Lloyd Ingram j 1 �_ 2.0 0 3 Mr. George Sempeles 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@eartlilink.net MemberAmerican Consulting Lngineers Council A. • Page 1 of 1 Rbn Mislowsky From: "Ingram, Lloyd" <Lloyd.Ingram@Virginia DOT. org> To: <gwcaram@earthlink.net> Sent: Wednesday, June 18, 2003 10:12 AM Subject: Sempeles Rezoning Addendum Attention: Mr. Charles E. Maddox, P.E., V.P The addendum you have submitted for review provides a significant improved flow of traffic and a reduction of congestion (projected LOS of "C" at all intersections) at the intersection of Route 669 and the north bound ramps of Interstate 81. This change, along with a partial signalization agreement at the Route 11 and Woodbine Road intersection will provide a plan that VDOT can support. Thank you for allowing us the opportunity to comment on this addendum. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 7/2/2003 I May 23, 2003 Mr. Charles E. Maddox, Jr., P.E., VP G.W. Clifford & Associates 1175 Piccadilly Street, Suite 200 Winchester, VA 22601 9 Ropy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: Preliminary Comments - Sempeles Property Rezoning Proposal Dear Chuck: This correspondence includes preliminary review comments concerning the Semples Property rezoning proposal, received by the Frederick County Planning and Development Department on February 21, 2003. The VDOT-Applicant-Staff meeting of March 20, 2003, contributed to these comments. The following issues were identified for your consideration as the application is finalized for submission: A. Application Form and Relevant Review Agencies Please ensure that a certified plat is provided that identifies the Frederick County boundary coordinates of the subject tract for the proposed rezoning. Redefine the northern boundary as the VA/WV state line. Locate all proposed zoning boundary lines. 2. Please ensure that signatures of the owners are on the application and proposed proffer statement, and that the proffered conditions are also notarized. 3. The fee for this application will be calculated pursuant to the revised fee schedule adopted by the Board of Supervisors on December 12, 2002. The revised application fee for a rezoning petition consists of a base fee of $1,000.00 plus $50.00 per acre, resulting in a total fee of $6,187.00 for the 103.75-acre rezoning request of this application. In addition to the rezoning review fee, a refundable deposit of $50.00 must be submitted for the public hearing sign required to be posted on site. 4. Please submit review comments from the following departments and agencies with this application: Berkeley County Government, WV; Virginia Department of Transportation; Health Department; Frederick County Sanitation Authority; Winchester - Frederick Service 107 North Kent Street • Winchester, Virginia 22601-5000 • • EfUA 0 0 Page 2 Mr. Charles E. Maddox, Jr., P.E., V.P. RE: Sempeles Property Rezoning Proposal May 23, 2003 Authority; Department of Public Works; Frederick County Building Official; Fire and Rescue Services; First Responder - Clearbrook Station; County Attorney; and, the Historic Resources Advisory Board. B. Impact Analysis Site Suitability The use proposed for the project includes the potential for a major industrial site for Frederick County. The 103.74-acre site provides the potential for a single major industrial site, or the possibility for a multiple use industrial park with rail access. The nine acre portion of the site on Route 11 is proposed for commercial use. The adopted Northeast Land Use Plan depicts industrial use in this location, therefore, a request to the Comprehensive Plans and Programs Subcommittee (CPPS) to amend the comprehensive policy plan would be necessary. 2. Transportation A critical collector road is depicted on the Northeast Land Use Plan in this location to promote efficient traffic movement between land uses, eribance safety by limiting individual commercial entrances and turning movements at random points, and preserve capacities on existing road systems to ensure adequate levels of service. The development of these transportation improvements will be required as proposed industrial and conunercial projects are realized (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.2). It is, therefore, requested that the master development plan for the Sempeles Property include the collector road from Martinsburg Pike (Route 11) to Woodbine Road (Route 669) to promote efficient traffic movement in this vicinity. The adopted Northeast Land Use Plan depicts a collector road in this location; therefore, a request to the Comprehensive Plans and Programs Subcommittee (CPPS) to amend the comprehensive policy plan would be appropriate. The final paragraph of the impact statement's transportation section concludes with the following assertion: "The traffic impacts associated with the Sempeles Property development are acceptable and manageable. All study -area intersections maintain acceptable levels of service `C' or better for 2012 build -out conditions." Consider phasing traffic improvements according to various phases of development during the build -out period. As you are aware, a Level of Service "C" is expected to be maintained on roads adjacent to and within new development in Frederick County. 0 • Page 3 Mr. Charles E. Maddox, Jr., P.E., V.P. RE: Sempeles Property Rezoning Proposal May 23, 2003 3. Sewage Conveyance and Water Supply The impact statement shows a concept plan for the extension of water and sewer utilities to the Rest Church interchange area. The rezoning proposal shows a location for a regional pump station in accordance with the FCSA plan. The statement notes that the rezoning of this site will allow for a customer service potential which will improve the cost feasibility of extension of these utilities by the FCSA. Proposed industrial and commercial development will be developed in conjunction with public and sewer infrastructure (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.3). Please address the methods that Sempeles will use to insure the establislunent of public water and sewer infrastructure to the site. D. Proposed Proffer Statement Street Improvements: The applicant offers to "design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted Northeast Land Use Plan for the area." The Comprehensive Plan specifically notes the requirement for improvements to the existing primary and secondary road systems including Martinsburg Pike (Route 1 1 North) to a four -lane facility, and improving the width and geometries of Woodbine Road (Route 669) (2000 Comprehensive Policy Plan for Frederick County, Virginia, p.6-36.2). An emergency -only access entrance to Woodbine Road is not appropriate in the industrial land use setting. The proposed industrial access road is in the location of the Northeast Land Use Plan's critical collector road. Consider the March 20, 2003 meeting continents of VDOT regarding the use of Woodbine Road as the primary access to the proposed industrial park. 2. Landscape Design Features: The proposed proffer statement includes provisions for "a landscaped buffer 75' in width to the rear of residential lots fronting on US 11 and along Woodbine Road." Please note that the Frederick County Zoning Ordinance states that whenever land is to be developed in the M1 Zoning District that is adjacent to land primarily used for residential purposes in the RA Zoning District, a Category C buffer shall be provided on the land to be developed. A Category C buffer requires a minimum distance of 100 feet with a full screen ranging to 400 feet of distance with no screen (Frederick County Code Article IV, Sec. 165-37). The General Development Plan should illustrate this required buffer, therefore, the proffer statement would not be necessary. If the intent is for a 75' woodland strip to qualify for a frill screen in any specific location, please clarify and note the assurance of supplemental plant materials for year- round screening. If the proposal for B2 remains after consulting with the CPPS on land use policy revisions, 0 • Page 4 Mr. Charles E. Maddox, Jr., P.E., V.P. RE: Sempeles Property Rezoning Proposal May 23, 2003 the requirements are as follows: Buffer requirements for the proposed B2 Zoning District adjoining RA land used for residential purposes will be a Category B requirement, ranging in distance from 50 feet with a frill screen, to 200 feet with no screen. (Frederick County Code Article IV, Sec. 165-37) The General Development Plan should illustrate this required buffer. The applicant is highly encouraged to consider incorporating design features with their application that contribute to the enhancement of the visual quality of the Route 11 Corridor. 3. prof statement if this property is plaru�ed to be On Site Development: Please clarify in the pro an industrial park. The development of the site with a minimum of one and a maximum of eight end users, does not clarify the use for the rezoning proposal. The proffers related to buffering and screening are directly affected by this clarification, as well as transportation issues. The proffer statement notes that covenants and restrictions of record shall control the standards of construction. Frederick County does not enforce covenants and restrictions on deeds of record. Proffers involving design standards should be specific and clarified. Consider stating the uses within the B2 and M1 that would be prohibited on the site by SIC code which would, therefore, be enforceable by the county. Staff contends that the road issue as depicted in the Northeast Land Use plan needs to be resolved prior to the scheduling of a rezoning proposal. I apologize for any inconvenience caused by the delay in your receipt of these comments. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Abbe S. Kennedy Senior Planner ASK/bad cc: Jay Cook, Assistant County Attorney Eric R. Lawrence, Plarming Director Chris Molui, Deputy Plaruling Director Lloyd A. Ingram, Virginia Department of Transportation U:\Abbe\REZ Review Letters\SemplesREZ.wpd • • • 0 Rezoning ! Comments Seanpeles Virginia Department of Transportation Mail to Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 Applicant's Name: Mailing Address Location of Property: Bland deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 Gilbert W. Clifford & Assoc_ Inc. c/o C. E. Maddox. Jr- P_E., VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Phone: (540)667-2139 East and adjacent to intersection of U.S. Route 1 I and Route 669 (Woodbine Road) Current Zoning: RA Zoning Requested: B-2 Acreage: 9.00 RA M-1 94.75 I r ` ,C`L�"TACK �Y41yS• COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 April 28, 2003 MOT Comments to Sempeles Rezoning JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The , documentation within the application to rezone this property appears to have considerable measurable impact on Routes 11, 669 and I-81 interchange. Routes 11 and 669 are the VDOT roadways which have been considered as access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated February, 2003 address transportation concerns associated with this request. The proposal dose not address the short vehicle stacking distance available between Route 11 and the north bound on and off ramps of I-81. It appears that if more than three (3) trucks are waiting to cross Route 11 to the Sempeles site, the intersection of Route 669 and the on and off ramps of NB I-81, will" be closed until this traffic clears. VDOT finds this scenario unacceptable. This concern has been brought to the attention of Mr. Sempeles during an informal meeting held on March 20th, 2003" and he is looking into the possibility of using Woodbine Road for inbound truck traffic. This may mean some improvements at the intersection of Route 11 and Woodbine Road. VDOT -also finds that three (3) full commercial entrances along north bound Route 11 are too many due to the amount of traffic and would like to work with Mr. Sempeles to produce a safer as well as efficient access to his site. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work preformed on the State's right-of- way must be covered under a land use permit. This permit is issued by this office and requires inspection fee and surety bond coverage. Lloyd A. Ingra'� Transportation Engineer VirginiaDOT.org AT/rf \A1C VCr_nvinnienA re�%11K1� gilbert w. Clifford & asspeiates a division of Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landocape Architects. �Orin R+A 117 East Piccadilly Street,Suite200F=�:b � � U`tWinchester, Virginia 22601P T 540.667.2139 F 540.665.0493 Transmittal 493 To: Chris Mohn Organization/Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: February 5, 2004 From: C. E. Maddox, Jr., P.E. VP Project Name/Subject: Sempeles Rezoning Via: Internal Project File #: Quantity File # Date Description Transmitted ❑ Herewith 42 Rezoning Packages ❑ Under separate cover 1 ea. Original Application & Proffer Material ❑ Originals 1 Unbound Rezoning Package ❑ Photocopies Check in the amount of $6662.00 ❑ Diskette 1 Rezoning Application Fee ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Received by: Date: Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints gilbert w. Clifford & associates a division of Patton Harris Rust & Associates,pc Engineers, Surveyors, Planners. Landscape Archltects, PHR±NWiEast Piccadilly Street,Suite200 Winchester, 139inla 22601 T 5d0.667.2139 F 540.665.0493 Memorandum To: Chris Mohn From: Date: Project Name/Subject: PHR+A Project file Number: cc: Chris Thomas Price February 5, 2004 Sempeles Rezoning We are asking that this rezoning be put on the March 3, 2004 Planning Commission Agenda for recommendation to the Board of Supervisors. If I can answer any questions, please give myself or Chuck Maddox a call anytime. Thanks, Tom Price 0 0 h'50 , T(2- REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 C P Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters QZ Pursuant to Section 15.1 - 491.1 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 # for the rezoning of 112.24 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 9.00 acres from Rural Areas (RA) to Highway Commercial (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan • The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated January 31, 2003, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' lane widening consistent with VDOT commercial entrance standards. Two 36' commercial entrances shall be installed in approved locations, one south and two north of the industrial access road intersection. (See 1 on the GDP). b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U. S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the Page 1 of 4 Revision 1/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall provide for a left turn movement for truck traffic from southbound U.S. Route 11 to Woodbine Road. (See 4 on the GDP). Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated January 31, 2003 which is attached hereto and incorporated herein by reference: • A thirty foot (30') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). • A landscaped buffer 100' in width to the rear of residential lots fronting on U.S. Route 11 and along the residential frontage across Woodbine Road (See 5 on the • GDP). The landscaping may be comprised of existing vegetation or new plantings in accord with the Frederick County Zoning Ordinance requirements. On Site Development The applicant expects this site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Fagade materials of building facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. d. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. e. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. f. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. g. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. h. The specific use involving the retail diesel fuel for trucks shall not be conducted or performed on this site either in the commercial or industrial zones. Page 2 of 4 Revision 1/04 0 0 • 0 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.24 acre site lying on the east side of U.S. Route I I in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: George emp es Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: Carol T. Sempeles /� The foregoing instrument was acknowledged before me this�fday o�l ,( ,tl1- , 2oCp3,' by �)PCX c1 e + My commission expires fk\ Notary Public Page 3 of 4 Revision 1/04 0 • ti0 o\ if Rp PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 10.. 24 Ac TOTAL AREA 112.24 Ac l�pl qp 1 i A\ ' •. 061 tar AREA /1 /ccE �k sSMPEcs erg 1 1 1 \ \ / WEST A J I OSYACRE� ' l �• �. Zon /LAND ')so' AeRE3214 PG _jj / -NaM RaW toctllow / SUBA-Cr 70 haw AMibnwn Jffw Zoned M-! BuMonu{xlunnp Zoned M-1 SEMPELES PROPERTY gilbert w. clifford & associates, inc. 0 o GENERALIZED DEVELOPMENT PLAN F Ulvws Land Planners water Oua ty 117 E. Picodlly St. Vfinchester, Virginia 22601 4�1 FREDERICK COUNTY, WRGIN14 IMCE. (540) 667-2139 FAX: (540) 665-0493 EMAIL gwco m*wrthlinkcom • 0 • • 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 34-A-2, 34-A-4 Magisterial: Fire Service: Rescue Service Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 9.00 RA B-2 103.24 RA M-1 112.24 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 200,000 SF Service Station Retail 65,000 SF Manufacturing Restaurant 25,000 SF Warehouse Other 8,000 SF 500,000 SF 500,000 SF 3 • E r: • 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) -- Date _ a - Date Owner(s) Date 2 z o y GeorgeVSemoeles Date / a Carol T. Sempeles Sempeles ImpactAnalysis Statement II. General Criteria and Summary The 112.24 acre Sempeles site is ideally situated for Frederick County to capitalize on the rapid industrialization of the I-81 corridor. The site is well suited for highway commercial together with a single large industrial use. As an alternative to a single use the industrial zoned areas can offer great potential for multiple uses as an industrial park. With rail access and direct access to the improved Rest Church Interchange on I-81, the site represents a valuable expansion of inventory to the Frederick County EDC and the Virginia State Partnership marketing for industrial use. Because of this location impact on county citizens are minimal. Where impacts do exist ' substantial buffering and screening have been proffered in mitigation. Transportation impacts have been reevaluated since this application was presented in February 2003. In response to VDOT concerns regarding the operation of the Rest Church intersection at Route 11, an addendum traffic analysis has proposed revised truck access to this site using ' Woodbine Road for access with car traffic and all outgoing traffic from this site using the Rest Church intersection directly. This change resulted in the need to revise the County Northeast Land Use Plan which has been accomplished. The proposal for commercial frontage (9 acres) on U.S. Route 11 was also considered as a change to the LECUP and approved. Since filing in February 2003, the FCSA and applicant have entered agreement for sewer and water service, the Rest Church sewer and water extension contract for construction has been ' awarded and work is in progress which will serve this site. Also, since the February 2003 application, VDOT has completed the Rest Church interchange ' improvements and this road improvement has been completed providing full transportation service access to the Sempeles property in accord with the amended proffer statement. The applicant believes that this rezoning will now result in opportunity for Frederick County to offer important pad available industrial site(s) and highway commercial which expands the tax base and provides a competitive advantage in attracting needed job producing industry to our County. I] 0 Revision 1/04 ImpactAnalysis Statement Impact Analysis Site Background and HiAM The site for this proposed rezoning is located in the northern extreme of Frederick County adjacent to U.S. Route 11. The site crosses the West Virginia state line with Virginia with a small area in West Virginia. A total of 112.24 acres is within Frederick County with 7.3 acres of the site lying in Berkeley County, West Virginia. The site has frontage on the south on Woodbine Road (S.R. 669) and is bounded on the east by the Winchester & Western Railroad system. Additional lands owned by the owner to the east of the railroad include his home and surrounding agricultural lands. The principle use of this site has been agricultural, however, with the significant expansion of the interchange on Interstate 81 of Rest Church Road and the extension of water and sewer facilities to this area, attention has been shifted to the potential use of this site for economic development purposes in Frederick County. The attached location map and aerial photographs (Figures 1 and 2) show a clear potential for the usability of this site as a major industrial site for Frederick County. Transportation studies have been amended to provide clear feasibility and minimal impacts on the increased traffic utilization of Route 11, Rest Church Road, Woodbine Road and Interstate 81. Although the site offers excellent potential for a single large user it also offers the potential for multiple use industrial park along with a small amount of highway commercial on the U.S. Route 11 frontage. Revision 1/04 Cl i Mislowsky 0 Page 1 of 1 "Ingram, Lloyd" <Lloyd.ingram@VirginiaDOT.org> <gwcaram@earth link.net> 'Wednesday, June 18, 2003 10:12 AM iect: Sempeles Rezoning Addendum ntion: Mr. Charles E. Maddox, P.E., V.P addendum you have submitted for review provides a significant improved of traffic and a reduction of congestion (projected LOS of "C" at all rsections) at the intersection of Route 669 and the north bound ramps of rstate 81. This change, along with a partial signalization agreement at Route 11 and Woodbine Road intersection will provide a plan that VDOT support. nk you for allowing us the opportunity to comment on this addendum. 'd A. Ingram isportation Engineer )T — Edinburg Residency -nit & Subdivision Section 31 Old Valley Pike iburg, VA 22824 )) 984-5611 )) 984-5607 (fax) 11, /knue/ owHo n zwed M-1 awbf Mwx4wc uiq zoned U-I PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 103.24 Ac TOTAL AREA 112.24 Ac SEMPELES PROPERTY gilbert w. clifford & associates, inc. GENERALIZED DEVELOPMENT PLAN evinse.. Lwmj Piano.. wafer Ouaft 117 E P"My SL Vwdester, Vi*io 22601 FREDERICK COUNTY, WRGINIA • (540) 667-2139 FAX: (540) 665-0493 EMAIL• gwcwomOeorW'nkcan Figure 3B Re, Manwd 00fa ., Zoned M-1 PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 10.3,24 Ac TOTAL AREA 112.24 Ac J �f N % r�� IN 7WE I RGINIA PRC / / / �� Zoned RA J 66-9 Alow Monutbotw1hfl Zoned M-1 SEMPELES PROPERTY gilbert w. clifford & associates, inc. GENERALIZED DE1/ELOPMENT PLAN ero:,�. �.,�,a � � s wr O0 117 E Pic * St wrier, Virginia 22601 FREDERICK COUNTY, WRGIN14 (540) 667-2139 FAX: (540) 665-40493 EMAN: grcmomOmWnkcm Figure 3A lip mom vim 1010 c 000l� �4foot 41W '"l A. I IV it L4" Ar REZONING APPL ICA TION SEMPEL ES PROPERTY PREPARED BY gilbert w. clifford & associates, inc. 117 E. Picadilly St. Winchester, Virginia 22601 150—C Olde Greenwich Dr. Fredericksburg, Virginia 22401 VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcaram®earthlink.net Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE SEMPELES PROPERTY ROUTE 11 NORTH REST CHURCH Stonewall Magisterial District February, 2003 Revised January, 2004 Prepared by: Gilbert W. Clifford & Associates 1-17 E. Piccadilly -Street Suite 200 Winchester, Virginia 22601 -Phone:540-667=2-131 Fax:540-665-09493 Sempeles Impact Analysis Statement Table of Contents I. Application H. Summary III. Impact Analysis A. Project Background B. ?,ocation and Access -C. -Site Suitability D. Traffic E. Sewage Conveyance and Water Supply F. Site Drainage -G. -Solid-Waste Disposal- Facilities H. Historic Sites and Structures I. Impact on Community Facilities IV. Frederick County Impact Model V. Fiscal -Impact Proffer Statement VI. Agency Comments VII. Survey Plat and Deed -VIII. Tag Ticket IX. Appendix � I � I � I � I � I I I I APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o C. E. Maddox Jr., P.E., VP 117 E. Piccadilly Street, Suite 200, Winchester, Virainia 22601 2. Property Owner (if different than above) Name: George M. & Carol T. Sempeles Telephone: 662-5802 Address: 331 Woodbine Road Clearbrook, Virginia 22624 3. Contact person if other than above Name: C.E. Maddox, Jr. Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 1 FJ 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: George M. Sempeles Carol T. Sempeles 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See attached PARCEL ID NUMBER USE Vacant Industrial/Commercial ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). East and adjacent to intersection of U.S. Route 11 and Route 669 (Woodbine Road) Information to be Submitted for Capital Facilities Impact Model Z 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 34-A-2, 34-A-4 Districts Magisterial: Stonewall High School: Fire Service: Clearbrook Middle School: Rescue Service: Clearbrook Elementary School James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 9.00 RA B-2 ifl3 ..24— RA M-1 It-247— Total acres a to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Sauare Footage of Proposed Uses Office 200,000 SF Service Station 8,000 SF Retail 65,000 SF Manufacturing 500,000 SF Restaurant 25,000 SF Warehouse 500,000 SF Other 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the ' Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public ' hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. ' I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date ZQ ' r Date Owner(s) Z- Date Z z o GeorgAeSemjkiles Date ' Carol T. Sempeles I 11 SemRes ID# Name Address Zoned Use 24-A-1 Virgil & Ruth D Fiddler 4836 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-2 Marvin O & Elizabeth S Renner 4822 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-3 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-4 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-5 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-6 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-7 24-A-9 Sanford L Silver Boyd L Bloomer 4804 Martinsburg Pike, Clearbrook, VA 22624 4784 Martinsburg Pike, Clearbrook, VA. 22624 RA RA Residential Residential 24-A-11 Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-10 John Francis & Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 34-A-5A 34-A-6A George M. Sem les Butler Manufacturing Co. 331 Woodside Road, Clearbrook, VA 22624 P.O. Box 25, Clearbrook, VA 22624 RA M1 Agricultural Industrial 34-A-6B John Huyett Light 2973 Woodside Road, Clearbrook, VA 22624 RA Vacant 34-A-1 33A-A-25 Rest Methodist Church George M & Carol T Semples 1233 Rest Church Road, Clearbrook, VA 22624 331 Woodbine Road, Clearbrook, VA 22624 RA RA Religious Residential 33A-A-26 Leslie Osborne Pope 136 Jordan Drive, Winchester, VA 22602 RA Vacant 33A-A-27 Delores Esther Ellis 4568 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-27A Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-28 Roger L & Phyllis A Helsley 497 Front Royal Pike, Winchester, VA 22601 RA Residential 33A-A-29 Thelma M Curry & Robin A Light 4592 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-30 Fred Milton & Rebecca A Kitts 4600 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-31 Donald Y & Barbara N Smallwood 108 Juliet Lane, Bunker Hill, WV 25413 RA Vacant 33A-A-33 Delmar B & Cynthia K Larrick 4622 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-11 H. M. Funkhouser & Co. 2150 S. Loudoun Street, Winchester, VA 22601 B2 Commercial 33A-A-12 Manuel C DeHaven 4273 Martinsburg Pike, Clearbrook, VA 22624 M2 Vacant 33-A-104 Manuel C DeHaven 4273 Martinsburg Pike, Clearbrook, VA 22624 RA Agricultural 33A-A-24 Allen J & Linda L Paugh 208 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-16 Betty L Stine Cooke, etals 4481 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-17 Mary C Kerns 146 Woodbine Road, Clearbrook, VA 22624 RA Vacant 33A-A-18 Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-19 Betty M Shillingburg 160 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-20 Benjamin D Fitzwater, Jr 166 Woodbine Road, Clearbrook, VA 22624 RA Residential m s m m r m m m m M&M m m = = = Mjp 33A-A-21M John W Harden & Katherine L Eiland 174 Woodbine kW, Clearbrook, VA 22624 RA Residential 33A-A-22 Maynard L & Virginia S DeHaven 184 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-23 Lester B McDonald P.O. Box 4435, Leesburg, VA 20177 RA Residential 33A-A-24 Sharon A Shanholtz 3733 Dort Place, Columbus, OH 43227 RA Commercial 34-A-6C Frederick County School Board P.O. Box 3508, Winchester, VA 22604 M1 Educational/Tax Exem t 33A-A-34 I The Rainbow Group 1908 S. Loudoun Street, Winchester, VA 22601 RA Vacant H I SUMMARY 1 11 Sempeles II. General Criteria and Summary Impact Analysis Statement The 110.71 acre Sempeles site is ideally situated for Frederick County to capitalize on the rapid industrialization of the I-81 corridor. The site is well suited for highway commercial together with a single large industrial use. As an alternative to a single use the industrial zoned areas can offer great potential for multiple uses as an industrial park. With rail access and direct access to the improved Rest Church Interchange on 1-81, the site represents a valuable expansion of inventory to the Frederick County EDC and the Virginia State Partnership marketing for industrial use. Because of this location impact on county citizens are minimal. Where impacts do exist substantial buffering and screening have been proffered in mitigation. Transportation impacts have been reevaluated since this application was presented in February 2003. In response to VDOT concerns regarding the operation of the Rest Church intersection at Route 11, an addendum traffic analysis has proposed revised truck access to this site using Woodbine Road for access with car traffic and all outgoing traffic from this site using the Rest Church intersection directly. This change resulted in the need to revise the County Northeast Land Use Plan which has been accomplished. The proposal for commercial frontage (9 acres) on U.S. Route 11 was also considered as a change to the LECUP and approved. Since filing in February 2003, the FCSA and applicant have entered agreement for sewer and water service, the Rest Church sewer and water extension contract for construction has been awarded and work is in progress which will serve this site. Also, since the February 2003 application, VDOT has completed the Rest Church interchange improvements and this road improvement has been completed providing full transportation service access to the Sempeles property in accord with the amended proffer statement. The applicant believes that this rezoning will now result in opportunity for Frederick County to offer important pad available industrial site(s) and highway commercial which expands the tax base and provides a competitive advantage in attracting needed job producing industry to our County. Revision 1/04 1 L7 I I v PROFFER STATEMENT 1 1 Ll j L 1 REZONING REQUEST PROFFER i Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Prelimingry Matters Pursuant to Section 15.1 - 491.1 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 # for the rezoning of 112.24 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 9.00 acres from Rural Areas (RA) to Highway Commercial (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated January 31, 2003, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' lane widening consistent with VDOT commercial entrance standards. Two 36' commercial entrances shall be installed in approved locations, one south and two north of the industrial access road intersection. (See 1 on the GDP). b. The applicant shall construct an industrial access road to VDOT standards with ' centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the Page 1 of 4 Revision 1/04 1 Rezoning Request Proffer I Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District GDP). The configuration and location of this collector road addition to the roads stem � Y shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall provide for a left turn movement for truck traffic from southbound U.S. Route 11 to Woodbine Road. (See 4 on the GDP). Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated January 31, 2003 which is attached hereto and incorporated herein by reference: r• A thirty foot (30') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). • A landscaped buffer 100' in width to the rear of residential lots fronting on U.S. Route 11 and along the residential frontage across Woodbine Road (See 5 on the ' GDP). The landscaping may be comprised of existing vegetation or new plantings in accord with the Frederick County Zoning Ordinance requirements. On Site Development The applicant expects this site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Fagade materials of building facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. d. All building within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. e. All building within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian eireulation and other development elements work together functionally and aesthetically. £ Stormwater management pond facilities shall be lined with impervious liner.materials to preclude groundwater impacts. g. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. ' h. The specific use involving the retail diesel fuel for trucks shall not be conducted or performed on this site either in the commercial or industrial zones. Page 2 of 4 Revision 1/04 Rezoning Request Proffer ' Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that P P Y Y Y if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.24 acre site lying on the east side of U.S_ Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER BY: G- By: George CMBCIes Carol T. Sempeles Date: '2- 7- /,14,' , Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me thisZday of 200 ,' by Q,ecxQ', . M , 4- C Krn) I j m�el My commission expires Notary Public ,g0l Page 3 of 4 Revision 1/04 n Re, PROPOSED ZONING AREA B-2 ZONING 9.00 Ac M-1 ZONING 1OJ24 Ac TOTAL AREA 112.24 Ac \p I I� �I I �,RG�ILA� I /GEBRGE Ak S J l0 �� ) l CAROL SWP / I j ` ` 1 / AREA BB�o.�54—PC. f15y ACRC�/) l l I �'` wEST 0.52 A) 042 M— ZAMIY I / .4 PAAC zolm \ \ '37 lN'4 LANDS �� --GEORGE M �SEM ELES 41 -1MOIE LOC48LW i / — � � �` '°.� • ��B�NE APO "��-- ` -� � -�/ �- ' 669 Momud Lb/b�wn Zoned M—/ d00r Mwrdocrriv Zow M-1 "' NS NS SEMPELES PROPERTY gilbert w. clifford & associates, inc. 0 o GENERAL/ZED DEVELOPMENT PLAN Enahvem L,na Pb rw.s water oawy 117 E Pkoa* St Wmhester• Yr*m 22601 FREDERICX COUNTY, WRGINA VOCE (5/0) 667-2139 FAX. (540) 66 -M EYAt: gy mumOewKwi wm q Special Limited Power of Attorney County of Frederick, Virginia 734 , 1)]I Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 ' Know All Men B The se ese Presents: That I (We) (Name) Geor e M. & Carol T. Sempeles (Phone) 540-662-5802 (Address)331 Woodbine Rd. r Clearbrook VA- 22624 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 909 1159 �No. 7 4 6 on Page.. g 21 2 ,and is described as Parcel:2 & 4 Lot: Block: A Section: 34 Subdivision: ' do hereby make, constitute and appoint: (Name) Charles E. Maddox P.E. (Phone) 540-667-21 39 (Address) PHR&A, 1 1 7 E. Piccadi 1 ] v -St. f Wi nrhoc+-P7-r VA 22601 To act as my true and lawful attorney-m-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: 12X Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to Previously approved proffered conditions except as follows: This authorization shall expire one year from the dayit is signed, gned, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand d seal this day of 200 4, �- Signature(s): �._� �� > State of Virginia, City/County of I ►'1nobg,,✓ , To -wit: I, L'-LIMA j� ��L1 (rl Y1 , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid thiga"hay o fJCdV064, 200 . �V-1 �� My Commission Expires: Notary rublic , ' APPENDIX I I I COUNTY of FREDERICK Department of Planning and Development November 24, 2003 Mr. Chuck Maddox Jr., P.E.,V.P. G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Request to Amend the North East Land Use Plan Dear Chuck: 540/665-5651 FAX: 540/665-6395 ' This letter is in response to the request from G.W. Clifford & Associates on behalf of Mr. George Sempeles, for an amendment to the Northeast Land Use Plan (NELUP). On November, 12, 2003, the Frederick County Board of Supervisors voted in favor of relocating a planned collector road, and ' to allow for business land use designation on a portion of the Sempeles site in the vicinity of the intersection of Route 11 and Rest Church Road. This change in the planned collector road location will allow truck traffic entering the Sempeles site to turn right on Route 11, left on Woodbine Road (Route 669) and enter the site fi-om Woodbine Road, effectively transforming Woodbine Road into a major collector road. Additionally, ' approximately nine acres of the site fi•onting Route 11 will be designated for business land use on the NELUP. This confirmation of the Board's approval is for you and your client's records. Please feel free to ,contact me with any questions regarding this approval. 1 Sincerely, S. Abbe S. Kennedy Senior Planner ASK/bah ' Attachments cc: Lynda J. Tyler, Stonewall District Supervisor ' John H. Light, Stonewall District Planning Commissioner Charles S. DeHaven Jr., Stonewall District Planning Commission, Chairman George Sempeles ' Jane Anderson, Real Estate U:\Abbe\Approval LetterMempeles.wpd 1 107 North Kent Street • Winchester, Virginia 22601-5000 SEMPELES PROPERTY PROPOSED MAJ❑R COLLECTOR L❑CATI❑N 416 fit flt PROPOSED rREI/lSIONTATION PLAN gilbert w. Clifford & associates, inc. o NORTHEAST LAND USE PLAN Ergireera Land Plmws water ousQy PROPOSED ROAD PLAN 117 E. Picadilly SL Winchester, Virginia 22601 FREDERICK COUNTY WRCINM OICE: (540) 667-2139 FAX: (540) 665-0493 EML gwcaram@earthlink.can -�r C 010 o 0 0 SEMMES PROPERTY GENERALIZED DEVELOPMENT PLAN FREAERCK COUNTY, HROM mWd u-, PROPOSED ZONING AREA B-2 ZONING M-1 ZONING 94.75 Ac TOTAL AREA 103.75 Ac gilbert w. clifford do associates, inc. Bdr Lard F%--m Wdw om* 117 E P'ico* SL Wdwstff, *960 22601 E (540) 667-2139 FAIL• (SW) 665-M U L: gwww6eaMr*-cm OUTPUT MODULE APPLICANT: Sempeles Net Fiscal Impact LAND USE TYPE B2/M1 Costs of Impact Credit: Credits to be Take Total Potential Adjustment For REAL EST VAL $80,529,383 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 1 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $468,553 $0 $0 $468,553 ERR Elementary Schools $0 — Middle Schools $0 $0 $0 $0 $0 $0 ERR High Schools $0 --- Parks and Recreation $0 $0 $0 $0 $0 ERR Public Library $0 $0 $0 $0 $0 ERR Sheriffs Offices $0 $38,131 $0 $0 $38,131 $38,131 $0 ERR Administration Building $0 $0 $0 $0 $0 ERR Other Miscellaneous Facilities $0 $91,429 $100,944 $192,373 $192,373 $0 ERR SUBTOTAL $468,553 $129,560 $100,944 $0 $230,504 $230,504 $238,049 ERR LESS: NET FISCAL IMPACT $16,778,982 $16,778,982 $16,778,982 ($16,778,982 ERR NET CAP. FACILITIES IMPACT 0 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 METHODOLOGY 1 Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES u� Model Run Date 02/24/03 CMM Project Description: Assumes 200,000 sq.ft. office; 65,000 sq.ft. retail; 25,000 sq.ft. restaurant; 8,000 sq.ft. service station; 500,000 sq.ft. manufacturing; 500,000 sq.ft. warehouse on 94.75 acres zoned M1 District and 9.0 acres zoned B2 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL Post -if Fax Note 7671 Date �� page s� To 1 C� ` From Y i 1% 1v �np Phone # ` , �.—, _ , Phone # Fax # _ �\ Fax 11 :t 1- Credits t4 be Take Total Potenlial Adjustment Fci n Cur. Budget Cur_ Budget Cap_ Future CIPI Tax Credits Revenue- Nei Capital Net Cost Par ;} Oper Q-ap Equi ExaendfDabt5. Taxef,Other il_fnadj_usled Coll B'nr_e YI.rrlles Impact [ velling Unit s0 s0 $468,553 ERR so s0 $0 so $0 ERR so $0 $0 s0 ERR So $0 $0 5o ERR $38,131 $0 $0 $M,131 $38,131 SO ERR $0 U $0 $0 ERR $91,429 $1110,944 $1-92;373 $192,373 $4 ERR .Si29,560 $100,944 $0 $230,51)4 $230,504 $238,049 ERR 910",778,982 $15,778,982 1$ —TMAU ERR © ERR Raifo to 00 Avg: 0.0 Rev -Cast Bat = 1.000 i 1.a 4.0 Ratio to Co Avg = 1.342 put to the first column as calculated ire the model. uns cafeulaiions is input in row total of second column ne-time laxeslfees for one year only at full value, paid in third co€rrrm as ca€minted in fiscal impacts. xes paid in fourth cal as calculated in fiscal impacts. went county up tostu-dard for newfacililies, as as potential credits against thecalcutated capilat djusted fcrpercen€ of casts covered by the revenues o avg. forall residenlial development}_ e are cash payments up front. Credits do include interest if be prot;cts are deal financed_ 15,000 sq.ft. restaurant; 8,O09 sq.ft_ service slatfon; 390,003 sq.iR. manufacturing; 500,000 sq.fi. vrarehouse an 94.75 acres zoned the resulls floMis Adel run dale_ w C CO { CU C CO Z O 70 m i_n 0 O 7- CO m :K77l-13t=1-qt� 0M3>CDD C7(-]G)70X-I M C frl 1D frl rr.-IZ �O• H zm n 's frl -ICmmmw DCO m� Z{ mUtF-' t=J mmCS) S7 � 0 C9 LD tZi mw� ul M W wCnCi-9m �J.A.AMW 0C!DCDM nmmtj NMCT C C,cncnn-- F-MM0tJ --1 M W C9 M Ln LD -0 CD m�--cnr.A �1 D -1l Z N Z C71 H•• Z CJl ii 1 W t7 m 0 --I :I7 D Z Ul a H Lrl cr, H O z C m 70 H H n -I H O Z 70 m 0 O m Z ••H Ln Z Z r- v_JLn�LD ma-MLL)Co CDCO LID r- CV O LD LO r-i --0LID LO7 ) 0 LO LO CV —iQLOLOr) �,wCDOO [YlavvFY OLLInInM �� X I Ha<1LLI LLI I— Z LL I— LO H ry O n Lit n/ Z 0 H a CJ H LL H iY LLI Z 0 H W f!l H Z CO Z n/ O LO ITN ry v .. Q m m m Q ,--r Ln O Z 'LO •• <1Z mmmO000LLI Ld z Q L1J Z Z--Z H •0,A 1—OHMI— L d <L LLI Ld F-X13 C0llfl <1<1OQLii0 Q LLQa-LYL OUTPUT MODULE met Fiscal Lmpa-1 APPLICANT: SempOes Oredlls t be Take Tosal Potentla' LAND USE TYPE R2?"l Costs of IrnW., Credit Future CIPI $81),529,3133 Required fente� Cyr_ t3udgel Cur. 6stdget Cap. dtha Tax Credits [U �iusteAi' REAL EST VAL � eS FLRE & RESCUE i Capital Faoffies cd sum only) 4Per Cao- Eauio- E_- Bnd' b' &. Fire and Rescue Department $488,553 Elementary Schools � Middle Schools $fl $0 $fl High Schools parks and Recreation $0 $0 SO Public Library $0 $38,131 $tl $0 9Li $38r131 SheTUS Cffims s0 so $f AdrrinisVation Building 6100,944 $0 S91,429 $192,37Z Other Miscellaneous Facilities SUBTOTAL W9.553 St2B,590 $100,944 $O S15.7 6,9& LESS: NET Fl5CAL IMPACT S16,778,982 NET CAP. FACILITIES VIAPACT INDEX: "1_tJ" If Cap_ Equip Included: 1-0 0.0 Rev -Cost Bat INDEK "1JY if Rev -Cos; BEL, "0.0' if Ratio - to- Co Avg: 1-9 Ratio to Co Avg PLANNING DEPT PREFERENCES 1.0 METHODOLOGY 1_ Capital facilities requirements are input to the first oolumn as cacculaled in Lice model Fiscal Impact NPV from operations calculations fs input in row total of seco�l column 2. Nei [zero tf negative}; irvLuded are the nrte time taxes-4eesfor one year Y 3_ NpV of future ,oiler cap equip taxes paid in third column as calculated in fiscal impacts_ 4_ WpV of future capital expendrWre taxes paid in fourth colas calculated in fiscal impacts. s. NFIV o& future taxes paid to bring current county up to standard for n&rr facilities, as calculated for each new facility. Columns three through five are added as potential credits against the calculated capital 6 facilities requirements_ These are adjusted for percent of costs covered by the revenues from ihs project (actual. oral ratio to avg. foc all residential devetopment). du not include include inleaest because they are cash payments upfront. Credits do include interest if the projects : h'OTE_ Proffer calculations NOTES_ tdodet Pun Date 0212+4X3 CMM Assum s 200,10013 sq.ft. Office; fi5,000 sgj1. retail; 7,5,000 Sq.ft. restaurant; 8,000 SOL service station, 500J000 sq_ft. manul Project Description: Mi District arid 9.0 acres zoned B2 District. D•ue to changing conditions associated vAth development n tile Oche m the results run dale. [his b Output fihodule may not be valid ave yarvd a period days ile 2002MODft — - - — past -its Fax Nate 7671 From Fax * 1l i'r4 n _ C 34 ss 3 Fax # 1t_ Ii TRANSMISSION VERIFICATION REPORT TIME 03/29/2004 19:14 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE,TIME 03/29 19:12 FAX NO./NAME 97220604 DURATION 00:01:59 PAGE(S) 06 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planrling and Development 107 North Kent Street . Winchester, Virginia 22601-5000 Telephone: 540/665-5651. FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX4: Date: Number of Pages (including cover sheet): We—whEIS WIT4 PC 4 -h U& ran �lati-r c I�.f.�dA t REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et; sea., 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 # for the rezoning of 101.9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 3/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (Ml) portion of the site, and will therefore occur prior to approval of the first site plan for M1 development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these. proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: • A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. The applicant expects the industrial zoned portion of the site to develop with a minimum 1 and maximum of 8 end users depending on marketing conditions at the time of sale. venants and restrictions of record shall control the standards of construction to include: a. Fayade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 3/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site plan approval. Any use involving the retail sale of diesel fuel for trucks shall not be conducted or performed on this site either in the commercial or industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriffs Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors,in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 3/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A4 Stonewall Magisterial District Respectfully submitted, PROPERTY O R_ By: Z �f G or M. S peles Date: By: of T. Sempeles -3�2�c y Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th foregoing instrument was acknowledged before me this /Z'day of WOW Z, 2004, by � 1 C'n r0) J . rrr_D&i . My commission expir _�(� Notary Public �\M� Page 4 of 5 Revision 3/04 u o^ SED ZONING A B-2 Zoning Commercial Sites) 9.9997 Ac B-2 Zoning R/W Dedication) O.J495 Ac M-1 Zoning 101.9189 Ac TOTAL AREA 112.2682 Ac WTAZ PRO 5 ZQNE / I / 1o19r� \ J ?N Js—.rat 5222¢6 A R �5.t.715ii`AC�ES P SIED M-1 / —1VOIE �9A0 LOCATRON / SUBJECT TO s1QJUSTME�T T \USER REQ((lIJJRR� E,l l J N ' RCS'�Cn(ro� ��J E ROgO rE 669 Manuel oeNoron Zoned M-1 I, O.51J0 ACRE /N WEST VIRaA%4 AMGromIM PC 470 fl Zoned RA —J) J Aar Bul/er A/onu/oerunng Zoned M-1 SEMPELES -PROPERTY gilbert w. clifford . & associates, inc. GENERAL/ZED DEVELOPMENT PLAN En&wwa land Plemwe water oualty 117 E Ficadl, y St. Winchester, Virginia 22601 FREDER/CK COUNTY t/lRG/N/A1VOICE (540) 667-2139 FAX: (540) 665-0493 BML• gwcoromAearthlinkcom Page 5 of 5 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 24, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-04 FOR SEMPELES PROPERTY On behalf of the Frederick County Plaiming Commission, you are hereby notified of a public hearing being held on Wednesday, April 7, 2004, 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 #02-04 of Sempeles Property, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres from RA (Rural Areas) to M1 (Light Industrial) District. This property is located east and adjacent to Martinsburg Pike (Route 11 N) and north and adj acent to Woodbine Road (Route 669), and is identified with Property Identification Number(s) 34-A-2 and 34-A-4 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street., Winchester, Virginia 22601 er 7 33A - A- - 22- DEHAVEN, MAYNARD L & VIRGINIA S 2061 NORTHWESTERN PIKE WINCHESTER,VA 22603 RETURN TO SENDER ATTEMPTED -NOT KNOWN UNABLE TO FORWARD RETURN TO SENDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 TAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 14, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-04 FOR SEMPELES PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Tuesday, April 27, 2004, at 7:15 p.m., as scheduled by the Frederick County Administrator's Office, in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-04 of Sempeles Property, submitted by Gilbert W. Clifford & Associates, hie., to rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres from RA (Rural Areas) to M1 (Light Industrial) District. This property is located east and adjacent to Martinsburg Pike (Route I I N) and north and adjacent to Woodbine Road (Route 669), and is identified with Property Identification Number(s) 34-A-2 and 34-A-4 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 1�� -�\C"- Christopher M. Mohn, AICP Deputy Planning Director CMM/bad 107 North Kent Street - Winchester, Virginia 22601-5000 0 Thi is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Coun , Virginia: 24 -A- - 11- 34 - A- - 2- SEMPELES, GEORGE M & CAROL T 331 WOODBINE RD CLEARBROOK, VA 22624.1353 &Z'10 4z 24 -A- - 1- FIDDLER, VIRGIL & RUTH V 4836 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 2- RENNER, MARVIN 0 & ELIZABETH S 4822 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 3- GOLLIDAY, OTIS E & MARGIE K 4810 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 7- SILVER, SANFORD L 4804 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 9- BLOOMER, BOYD L 4784 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 LYNCH, RHONDA COE 4754 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 24 - A- - 10- LYNCH, JOHN FRANCIS & RHONDA COE 4754 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 34 - A- - 6-A BUTLER MANUFACTURING CO PO BOX 129 CLEARBROOK, VA 22624.0129 34 - A- - 6-B LIGHT, JOHN HUYETT 2973 WOODSIDE RD CLEARBROOK, VA. 22624.1344 34 -A- - 1- REST METHODIST CHURCH 1233 REST CHURCH RD CLEARBROOK, VA. 22624.1500 Chri op M. Mohn, Deputy Director Frede ' Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, - r1 . �L�� c " •v , a Notary Public in and for the State and County aforesaid, do ereby certify that Christopher M. Mohn, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated �l) -- , / �- a 0,0 (/-/ , has personally appeared before me and acknowledged the same in my S ate and County aforesaid. Given under my hand this L ., day of % o�, 06 - My commission expires on NOTARY PU IC �t V V r I � 4 4b, b, qj 21 34 A 34 .1 AILj &A !,!" 7 0 COUNTY of FREDFRICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 24, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-04 FOR SEMPELES PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 7, 2004, 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 #02-04 of Sempeles Property, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 10.35 acres from RA (Rural Areas) District to B2 (Business General) District and 101.92 acres from RA (Rural Areas) to M1 (Light Industrial) District. This property is located east and adjacent to Martinsburg Pike (Route 11 N) and north and adj acent to Woodbine Road (Route 669), and is identified with Property Identification Number(s) 34-A-2 and 34-A-4 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Molin, AICP Deputy Planning Director CMM/bad 107 North Dent Street • Winchester, Virginia 22601-5000 A - is is to certify that the attached correspondence was mailed to the following on ljf , �4-lc- � R 4 - Jc)0 from the Department of Plamling and Development, Frederick County, Virginia: D 34 - A- - 2- SEMPELES, GEORGE M & CAROL T 331 WOODBINE RD CLEARBROOK, VA 22624.1353 /)//7 J;t: 0 24 -A- - 1- FIDDLER, VIRGIL & RUTH V 4836 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 2- RENNER, MARVIN 0 & ELIZABETH S 4822 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 3- IV --P S-- GOLLIDAY, OTIS E & MARGIE K 4810 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 7- SILVER, SANFORD L 4804 MARTINSBURG PIKE CLEARBROOK, VA 22624.1410 24 - A- - 9- BLOOMER, BOYD L 4784 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 24 - A- - 11- J LYNCH, RHONDA COE 4754 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 24 -A- - 10- LYNCH, JOHN FRANCIS & RHONDA COE 4754 MARTINSBURG PIKE CLEARBROOK, VA 22624.1409 34 - A- - 6-A BUTLER MANUFACTURING CO PO BOX 129 CLEARBROOK, VA 22624.0129 34 - A- - 6-13 LIGHT, JOHN HUYETT 2973 WOODSIDE RD CLEARBROOK, VA. 22624.1344 34 -A- - 1- REST METHODIST CHURCH 1233 REST CHURCH RD CLEARBROOK, VA. 22624.1500 Chr' top h M. Mohn, Deputy Director Fre o. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, c , a Notary Public in and for the State and County aforesaid, do ereby certify that C - istopher M. Mohn, Deputy Director for the Department of Pla�,ning a d 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 this 1-91 My commission expires on day of %�. 2_- -2-0 0 ®® _ TO: Barbara - Data Processing Sempeles FROM: Bev -Planning Dept. Please pri t sets of labels by (TgANgS11�1 ID# Name Address Zoned Use 24-A-1 Virgil & Ruth D Fiddler 4836 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-2 Marvin O & Elizabeth S Renner 4822 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-3 ✓ Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-4,. Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-5 Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-6 L: ' Otis E & Margie K Golliday 4810 Martinsburg Pike, Clearbrook, VA 22624 RA Vacant 24-A-7 ✓ Sanford L Silver 4804 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-9 ,% Boyd L Bloomer 4784 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-I I ✓ Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 24-A-10 ✓ John Francis & Rhonda Coe Lynch 4754 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 34-A-5A ✓ George M. Sem les 331 Woodside Road, Clearbrook, VA 22624 RA Agricultural 34-A-6A ✓ Butler Manufacturing Co. P. r` '� �` � ' - `L" '��° , QL V1VV11, V 11 LLVLT M1 Industrial 34-A-6B b% John Huyett Light 2973 Woodside Road, Clearbrook, VA 22624 RA Vacant 34-A-1 v, Rest Methodist Church 1233 Rest Church Road, Clearbrook, VA 22624 RA Religious 33A-A-25 George M & Carol T Sem les 331 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-26 T _ ,: _ n ,, p2rP 1,�� n,F RA Vacant 33A-A-27 ✓ Delores Esther Ellis 4568 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-27A %,/Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-28 ��'� Roger L & Phyllis A Helsley i e, me es er, RA Residential 33A-A-29 Thelma M Curry & Robin A Light 4592 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-30 V Fred Milton & Rebecca A Kitts 4600 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-31 V Donald Y & Barbara N Smallwood 108 Juliet Lane, Bunker Hill, WV 25413 RA Vacant 33A-A-33 �f' Detipar B & Cynthia K Larrick 4622 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-I I H.KC Funkhouser & Co. 2150 S. Loudoun Street, Winchester, VA 22601 B2 Commercial 33A-A-12 ;y Manuel C DeHaven 14273 Martinsburg Pike, Clearbrook, VA 22624 M2 Vacant 33-A-104 Manuel C DeHaven 4273 Martinsburg Pike, Clearbrook, VA 22624 RA Agricultural 33A-A-24 Allen J & Linda L Paugh 208 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-16 �F' Betty L Stine Cooke, etals 4481 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-17 ,, Mary C Kerns 146 Woodbine Road, Clearbrook, VA 22624 RA Vacant 33A-A-18 :' Molden Real Estate 2400 Valley Avenue, Winchester, VA 22601 RA Residential 33A-A-19 ✓ ,Betty M Shillingburg 160 Woodbine Road, Clearbrook, VA 2`2624 RA Residential 33A-A-20 Benjamin D Fitzwater, Jr 166 Woodbine Road, Clearbrook, VA 22624 RA Residential 0 1 J . 33A-A-21 V John W Harden & Katherine L Eiland 174 Woodbine Road, Clearbrook, VA 22624 RA Residential 33A-A-22 Maynard L & Virginia S DeHaven 24 RA Residential 33A-A-23 ✓ Lester B McDonald RA Residential ommercia 34-A-6Cr Frederick County School Board P.O. Box 3508, Winchester, VA 22604 M1 Educational/Tax Exempt 33A-A-34 "� The Rainbow Group 1908 S. Loudoun Street, Winchester, VA 22601 RA Vacant fib\ Na�:•�.�,�R� �L�C,� Cs�wh,3�5 � o� u3ZZ`� P�� 40 0 TO: Barbara - Data Processing Sempeles FROM: Bev - Planning Dept. Please pri t sets of labUTS- � 3 O 51 /!!!1 ID# 24-A-1 Name Virgil & Ruth D Fiddler Marvin O & Elizabeth S Renner Otis E & Margie K Golliday Otis E & Margie K Golliday Otis E & Margie K Golliday Otis E & Margie K Golliday Sanford L Silver Boyd L Bloomer Address 4836 Martinsburg Pike, Clearbrook, VA 22624 4822 Martinsburg Pike, Clearbrook, VA 22624 4810 Martinsburg Pike, Clearbrook, VA 22624 4810 Martinsburg Pike, Clearbrook, VA 22624 4810 Martinsburg Pike, Clearbrook, VA 22624 4810 Martinsburg Pike, Clearbrook, VA 22624 4804 Martinsburg Pike, Clearbrook, VA 22624 4784 Martinsburg Pike, Clearbrook, VA 22624 Zoned RA RA RA RA RA RA RA RA Use Residential Residential Residential Vacant Vacant Vacant Residential Residential 24-A-2 24-A-3 24-A-4 24-A-5 24-A-6 A-7 -A-9 24-A-11 Rhonda Coe Lynch John Francis & Rhonda Coe Lynch George M. Sem les Butler Manufacturing Co. 4754 Martinsburg Pike, Clearbrook, VA 22624 4754 Martinsburg Pike, Clearbrook, VA 22624 331 Woodside Road, Clearbrook, VA 22624 ter D ^ '� ", �' - -' , "" '- RA RA RA M1 Residential Residential Agricultural Industrial 24-A-10 34-A-5A 34-A-6A 34-A-6B John Hu ett Light Rest Methodist Church George M & Carol T Semples Ee!� r,,,b e -Popz 2973 Woodside Road, Clearbrook, VA 22624 1233 Rest Church Road, Clearbrook, VA 22624 331 Woodbine Road, Clearbrook, VA 22624 a '..P n;�-- RA RA RA RA Vacant Religious Residential Vacant 34-A-1 33A-A-25 33A-A-26 136 JV '' gar , Delores Esther Ellis 4568 Martinsburg Pike, Clearbrook, VA 22624 RA Residential 33A-A-27 33A-A-27A --golden Real Estate Roger L & Phyllis A Helsle Thelma M Curry & Robin A Light 2400 Valle Avenue, Winchester, VA 22601 I , Inc es er, 4592 Martinsburg Pike, Clearbrook, VA 22624 RA RA RA Residential Residential Residential 33A-A-28 33A-A-29 dbk-A-30 Fred Milton & Rebecca A Kitts 4600 Martinsburg Pike, Clearbrook, VA 22624 RA Residential A-A-31 Donald Y & Barbara N Smallwood 108 Juliet Lane, Bunker Hill, WV 25413 RA Vacant 33A-A-33 Detipar B & Cynthia K Larrick H.KC Funkhouser & Co. Manuel C DeHaven Manuel C DeHaven 4622 Martinsburg Pike, Clearbrook, VA 22624 2150 S. Loudoun Street, Winchester, VA 22601 F4273 Martinsburg Pike, Clearbrook, VA 22624 RA B2 M2 Residential Commercial Vacant 33A-A-11 33A-A-12 33-A-104 4273 Martinsburg Pike, Clearbrook, VA 22624 RA Agricultural 33A-A-24 Allen J & Linda L Paugh Betty L Stine Cooke, etals 208 Woodbine Road, Clearbrook, VA 22624 4481 Martinsburg Pike, Clearbrook, VA 22624 RA RA Residential Residential 33A-A-16 33A-A-17 Mary C Kerns Molden Real Estate Betty M Shillingburg Benjamin D Fitzwater, Jr 146 Woodbine Road, Clearbrook, VA 22624 RA Vacant 2400 Valley Avenue, Winchester, VA 22601 160 Woodbine Road, Clearbrook, VA 4624 166 Woodbine Road, Clearbrook, VA 22624 RA RA RA Residential Residential Residential 33A-A-18 33A-A-19 33A-A-20 33A-A-21 33A-A-22 John W Harden & Katherine L Eiland Maynard L & Virginia S DeHaven Lester B McDonald 174 Woodbine Road, Clearbrook, VA 22624 24 RA RA RA Residential Residential Residential 33A-A-23 7EdT!2atqionalJTax �Exemjpt 34-A-6C Frederick Count School Board P.O. Box 3508, Winchester, VA 22604 M1 33A-A-34 The Rainbow Group 1908 S. Loudoun Street, Winchester, VA 22601 RA I Vacant -fib\ Nam=•��,�.�R�,, �.--v�c,�, vo -ZAQ, Ana 3U - A- b q 3v,V.a- cA N w S C REQUESTING AGENT: INEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FR.EDERICK COUNTY, VIRql�iIA GIS, MAPPING, GRAPHICS WORKREQ EST DATE RECEIVED: REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) LY1 �f1%ID�I /11�� )'152-, sf- D,�--O PI./Us SY-A d,J 3V--4-L1 DIGITAL: SIZES: COLOR: BLACKJWHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)