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Home My WebLink About04-12 Kesari Properties - Stonewall 5 acres RA to B2 - Backfile1 0 REZONING TRACKING SHEET Check List: Application Form Fee —&(S Deposit Proffer Statement ✓ Deed Impact Analysis Plat/Survey z� Adjoiner List t/ Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Z Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping 4-230�� Application Action Summary updated Planning Commission Meeting a 3 Board of Supervisors Meeting ACTION: ACTION: e�q � Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers WI-r-t'bRawnL- 66JFhC " 4Tlo� d cc's l4 Approval (or denial) letter mailed to applicant/copy to file an j Reference manual updated D-base updated ' Application Action Summary updated File given to Mapping to update zoning map A A Zoning map amended Sys ID 1-� (f RECEIPT, DATE NO. J` RECEIVED FROM ADDRESS 1❑ ' Rt�T FOR, It- v 4 1 ) 1; -- - '---DOLLARS S so 1, ACCOUNT HOW PAID AM I OFI CASH ANI CCOU AMT. PAID CHECK BALANCE I MONEY DUE ORDER By O DATES 9 NO.124523 o +1 O RECEIVED FROM I �� i L �� JiV1�7t�t!`��1 �=QL`Y� C o�Yl/ ¢ U ~p �'jADDRESS j rCyl� t 1��n `TAi-Cl� / �;�� tiS� �V DOIIARS $'•— cl �U, Q O N ❑ FOR RENT 7 K 7+ —a) N FOR II I U y,,; �, N � AMT. OF ACCOUNT CASH /� Q,LiY"� LY.� .iGi.. Lca ," III S4 Oq L N U .� AMT. PAID J L CHECK � BALANCE MONEY DUE ORDER BY �Cx,s MAY 4 5 2012 PAINTER-LEWIS, P.L.C. ( i, CONSULTING ENGINEERS tel.: (540 662-5792=DLHIGK COUNTY 116 North Braddock Street fax: (540M-2A7d3 ''° ` f VF' M'FIE_ NT _ Winchester, VA 22601 email: office@painterleWs.com _ March 21, 2012 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 RE: Rezoning Application #04-12 for Kesari Properties Dear Mike: Mr. Kesari has decided to withdraw the rezoning application before it is presented to the Board of Supervisors for their determination. Thank you for your help in this matter. Sacrel JL wis P.E., L.L.A. C: L. Kesari Page 1 Job No.: 1004012 • a May 14, 2012 Mr. John C. Lewis, P.E., L.L.A. Painter-LeNvis, P.L.C. 116 North Braddock Street Winchester, VA 22601 Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 RE: Rezoning 404-12 of Kesari Properties Property Identification Numbers 33-A-163 and 33-A-16413 Dear John: This letter is to confirm that you have, on behalf of your clients, withdrawn the above referenced Rezoning application. Tile application was intended to rezone five acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District xvith proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 1 l in the Stonewall Magisterial District. The above referenced file has been closed by our Department. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy, AICP Deputy Director of Planning & Devel/Ct., cc: Laxmi Kesari, 11499 White Orndon, VA 20170 Charles S. Del-laven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 North Braddock Street fax: (540)662-5793 Winchester, VA 22601 email: office@painteriewis.com March 21, 2012 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 RE: Rezoning Application #04-12 for Kesari Properties Dear Mike: Mr. Kesari has decided to withdraw the rezoning application before it is presented to the Board of Supervisors for their determination. Thank you for your help in this matter. Sincerely: John C. Lewis, P.E., L.L.A. C: L. Kesari Page 1 Job No.: 1004012 0 s REZONING APPLICATION 804-12 KESARI PROPERTIES Staff Report for the Board of Supervisors Prepared: May 10, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/02/12 Recommended Denial Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/23/12 BOARD OF SUPERVISORS MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future ImproVCmCnts identified in the Eastern Road Plan have not been adequately addressed; sufficient right-of-way has not been provided to accommodate the future configuration. Finally, the intersection of Route 1 I and Hopewell and Brucetown Roads has not been adequately addressed. 1'olloiving the required public hero-ing, a decision rega!'ding this I'ezoning application by the Board of Supervisors would be appropriate. The applicant should be prepin•ed to adequately address all concerns raised by the Board of Supervisors. • 0 Rezoning #04-12 Kesari Properties May 10, 2012 Page 2 This report is prepared by the Frederick County Planning Staff to provide infonnation to the Planning Commission and the Board of Supervisors to assist theirs ail making a decision on this application. It may also be !useful to others interested in this zoning inattei-. Uni-esolved Issues coneei-ning this application are noted by staff where relevant thi-oughout this staff i-epoi-t. Reviewed Action Planning Commission: 05/02/12 Recommended Denial Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, and 1.49 acres from 132 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties arc located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBER: 33-A-163 and 33-A-16413 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Restaurant/Truck Stop ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (Business General) Use: Commercial South: RA (Rural Area) Use: Vacant East: B2 (Business General) Use: Commercial/Vacant RA (Rural Area) Clearbrook Park West: 133 (Industrial Transition) Use: Commercial/Vacant Rezoning 1104-12 Kesari Properties May 10, 2012 Page 3 REVIEW EVALUATIONS: Vii-&ia Dept. of Transportation: VDOT has completed our review of the subject TIA/Rezoning. We offer the following comments for your consideration: In addition to closing entrance 7a, VDOT recommends the closure of the adjacent entrance to the north and to the south of 7a on Route 11. As proposed, the applicant wishes to pursue the installation of a traffic signal approximately 540 feet south of the Route 11/I-Iopewell Road signalized intersection. We are concerned about the long term operational challenges to Route I I that this proposal mitigation may create. A formal signal warrant analysis must be prepared and submitted for VDOT review prior to approval. Fire and Rescue: Plans approved as submitted. Fire Marshal: Plans approved. Department of Inspections: We do not have any comments regarding the proposed rezoning. However, we do recommend that future MDPs include a statement regarding the disposition of existing wells and drainfields. Public Works Department: 1. Refer to Site Suitability, Development Overview: The statement is made that the "land is quite flat and the overall elevation of the land is not substantially higher than the normal water surface elevation of Clearbrook Run". In fact, the water level in the upper reaches of Clearbrook Run is actually higher than the adjacent land areas, thereby creating wetland areas delineated as JW1 on the wetlands map. In addition, the creation of traverting formations (a light colored porous calcite deposited by precipitation of the calcium carbonate from solution in the surface waters) has raised the stream bed causing these increases in water surface elevations. It is entirely possible that the actual stream channel has been relocated within the property to create the existing pond. 2. Refer to site Suitability, Development Overview: We concur with your conclusion that runoff from fueling areas should be delivered through an oil/water separator for quality treatment. We recommend that this treatment be incorporated with the existing oil/water separator to insure that runoff from all the fueling areas be treated prior to entering the existing stream. 3. Refer to Site Suitability, Development Overview: It is anticipated that an extensive underdrainage system will be required to construct the connector road between the north and south parcels created by Clearbrook Run. It is possible that the construction of the underdrainage and road will eliminate the wetland area designated as J W I . 4. Refer to Drainage: We recommend that the new stormwater management system be designed to treat stormwater from the existing and new areas for quantity and quality. Sanitation Authority: There is sufficient water and sewer capacity to serve this site. Service Authority: No comment Frederick -Winchester Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields and wells are impacted negatively. New restaurant permit may be requested. • 0 Rezoning 1104-12 Kesari Properties May 10, 2012 Page 4 Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (I-IRAB) considered the rezoning proposal during their meeting on May 17, 2011. The I-IRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by Paintcr-Lewis, P.L.C. This application seeks to rezone five acres of land from the RA (Rural Areas) District to the B2 (Business General) District. The property is located on the west side of Route 1 1 near its intersection with Hopewell Road. The proposed use of the property is commercial uses, including enhancement of the Olde Stone Truck Stop. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the subject property or the surrounding area as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey arc: Dick, L.O. House (#34-936) — Located on site; Clearbrook Feed & Supply (04-935); and Clearbrook Presbyterian Church (434- 708). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); The proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop from the L. O. Dick House; and A new architectural/historic survey should be completed on the structure to fully understand its significance. Frederick County Attorney: Please see attached leller claled June 6, 2011, from Roclei•ick B. Yhillia111S, Colnzl}�Attor17ey. Transportation: Mr. Blsllop's coIiiiiietlts are 119cliicl(,d it,it/?iii cillac/?ed teller (page 4) cicllecl Nlay l9, 2011,fi•om 1Llichael T. Ru(N),, AICP, Deputy Planning Director. Planning Department: Please see allached leller Baled May 19, 2011,.Ji-om rlllichael 7' Rudcly, AICP, Dej)uly Planning Direcloi% Planning & Zoning: 1) Site History Parcel 163 is zoned B2 Business General Commercial and contains the Olde Stone Restaurant and Truck Stop. This use has been in existence for a significant time. Many of the physical improvements to the site including, but not limited to, the commercial building, fueling stations, and points of access to the surrounding State roads, do not conform to current Zoning Ordinance standards. Thcy are legally nonconforming with regards to these requirements. The original USGS zoning map depicts Parcel 164B as being agricultural. Rezoning 1104-12 Kesari Properties May 10, 2012 Page 5 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is all official public document that serves as the C01111111.1nity'S guide for making decisions regarding development, preservation, public facilities and other key CO111pO11CntS Of C0111111llnity life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. The Kesari properties rezoning is located within the North Last Frederick Land Use Plan Land Use. The North East Frederick Land Use Plan identifies the subject properties with commercial land uses. This is reflective of the current zoning of the property Of the Olde Stone Restaurant, and is designated to take advantage of the locations proximity to the Interstate. Interstate 81 and Exit 321 is located a short distance to the West of this site. Directly across Route 11 from the site is the Old Woolen Mill property and Clearbrook Park. Clearbrook Park is owned and operated by Frederick County as the Regional Park serving this part of Frederick County. Site Access rind Tra»sportcition. Access to this site is a critical component as it is located at the intersection of Route 11, Martinsburg Pike, and Hopewell Road, Route 651. The North East Frederick Land Use Plan and the Eastern Road Plan identify Route I 1 as a Six -lane arterial road in the location Of this property. Sufficient right-of-way should be made available to accommodate this future road section and any associated turning movements. Improvements Should be provided with any rezoning request to mitigate the impacts of the rezoning and to implement the 2030 Comprehensive Plan. In addition, the improvement of the intersection of Route 11, Hopewell Road, and BI'LlcetOW11 Road is an identified transportation improvement project which has been included in the County's CIP for the past several years. This intersection has been identified as being deficient in terms of level of service and is recognized as needing to be substantially improved to accommodate the planned growth and development of this area in accordance with the North East Frederick Land Use Plan. Access management is a key consideration with any development project. This location is extremely critical given Its location at the intersection Of Route 11, Martinsburg Pike, and I-lopewell/Brucetown Roads. Both t11e County "transportation Planner and VDOT have expressed concerns that the present and proposed access management at the site is insufficient to address the impacts associated with the proposed rezoning of this site. Rezoning 1104-12 Kesari Properties May 10, 2012 Page 6 An additional entrance is proposed to provide access to the southern portion of the site. In addition, the Applicant is proposing to close one of the nonconforming entrances on Route 1 I and one on Hopewell Road. The existing entrances do not sleet CUrrcnt access management regulations. Internal circulation is presently challenging. The rezoning proposes site alterations to improve site circulation. However, the site alterations appear to be insufficient to accommodate the proposed use as a truck stop. Environment. The site contains several areas of wetlands and is bisected by Clearbrook Run which feeds into Clearbrook Park. Please see the above comments offered by Public Works ivith regarcls to site suitability cind the potential impacts of this project. Storm water management will bean issue with this site that needs to be carefully addressed with any site development. Clearbrook Run is proposed to be crossed in two locations by internal access circulation. Hisl of l The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House (434-936) — Located on site; Clearbrook Peed & Supply (#34-935); and Clearbrook Presbyterian Church (04-708). The Frederick County Historic Resources Advisory Board (I-IRAB) considered the rezoning proposal during their meeting on May 17, 2011. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation Ilroffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); the proffer statement should include a proffer to screen the Inullps on the Olde Stone Truck Stop from the L. O. Dick House; and a new architectural/historic survey should be completed on the structure to hilly understand its significance. The Applicant's Proffer Statement does not include any considerations to address the comments of the I-IRAB or the L. O. Dick House. 3) Potential Impacts Frederick Count Ty ransportation Comments: The following transportation comments have been provided by John Bishop, County Transportation Planner, and remain the County Staff's position on this component of the rezoning. • 0 Rezoning 1104-12 Kesari Properties May 10, 2012 Page 7 Given the Volume of traffic analysis concerns identified by VDO f, all adequate comment on traffic issues is complicated. However, the following concerns remain. 1) Route 1 1 and Hopewell road right-of-way needs have yet to be fully addressed. 2) Onsite traffic flow appears to create conflicts and safety concerns that need additional review. 4) Proffer Statement — Dated March 21, 2011 and revised on March 15, 2012 A) Allowed Uses: The Applicant has proffered to complete a Boundary Line Adjustment between the two parcels to create a larger parcel around the current and future truck stop and restaurant, and a residual outlot. No restrictions as to the use of the current and expanded parcel are proposed. The development of the outlot has limitations placed on it. Specifically, the Applicant has proffered to prohibit one oI' multiple fast food restaurants exceeding 4,500 square feet of total combined gross floor area, and to prohibit Adult Retail uses. Beyond this, all other uses allowed in the B2 Business General District would be permitted on the properties. The Applicant has proffered to limit the IlUmber of fueling stations in all effort to further I inlmizc the impact of the expanded truck stop and gasoline service station trips on the adjacent road network and to ensure the internal traffic can be satisfactorily accommodated on the site. B) Access Management and Transportation. The Applicant has proffered the design and construction of a right turn lane on southbound Route 11 to serve both future parcels, a new commercial entrance on Route 11, and the dedication of ten feet of right-of-way along the frontage of Route 1 l for the purpose of facilitating future improvements to Route 11. The Applicant has proffered to provide $25,000 f or future transportation improvements within the Route I I right-of-way. This amount is insufficient to achieve any real improvement ivithin Route 11. Said improvements to accom modate fut!!re !lses a!'e c!lstomla!'ily made by the development. The Applicant has proffered a new traffic signal at the future site access on Route 11 if warranted within ten years. VDOT has expressed concenis rega!'ding a signal in this location. No alternative has been offered to reallocate the funds for the proffered signal to other !m!p!'ovements in the vicinity that may mitigate the tl'ansImilation Impacts of this development. This application does not f!llly address the Eastern Road Plan which identifies Route Has a s!x lane artefial Toad m!p!'ovement to accommodate thefut!!!'e land uses in the vicinity of this p/'ofect, no/' does itfully address the itnImels associated with the request at the intel'section of Route 11 and Ilopewell and I3r!lcetow!! Roalls. In addition, access management along Route I and Hopewell Road is deficient. • Rezoning 1104-12 Kesari Properties May 10, 2012 Page S C) Site Development: The Applicant has proffered a Generalized Development Plan (GDP) for the purpose of identifying the general configuration of the proposed development on the parcel, the general location and form of the parcel access, the future new property line and location of the outlot, and construction improvements to Route 11. In addition, the Applicant has proffered landscape enhancements in the form of eighteen shade trees along the frontage of the Route 11 right of way in addition to the requirements of the Frederick County Zoning Ordinance. The internal Circulation and site layout Nentl%led on the GDP does not al7pear to enable the proposed uses, especially the truck stop and refueling Component which is the most sigrtifr"cmtt rise proposed, to ftntctiott effectively. It wottld appear as though there would be multil)le internal Conflicts it,hich deed to he addressed prior to increasing the intensity of the use of this property. D) Mitigating the Impact of Development: Tile Applicant has proffered to pay or donate $5,000 for Fire and Rescue purposes for impacts to fire and rescue services. STAFF CONCLUSIONS FOR THE 05/02/12 PLANNING COMMISSION MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site Circulation and access to and from Route 1 I and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right-of-way has not been provided to accommodate the future Configuration. Finally, the intersection of Route 1 1 and Hopewell and Brucetown Roads has not been adequately addressed. PLANNING COMMISSION SUMMARY & ACTION OF THE MAY 2, 2012 MEETING: There was considerable discussion by the Planning Commission involving the transportation issues of this site and Continents focused primarily Oil the internal Circulation of trailer trucks and vehicular traffic, as well as the entrances on Route 1 1 and Route 672. There were numerous questions to the applicant on the internal circulation of trailer trucks, where queuing would take place, and how trailer trucks would enter and exit the site. A Commissioner expressed concern about trailer trucks potentially entering the site by queuing in the right-hand turn lade oI ROUte 11. Other Commission members thought the entrances On Route 1 I South needed to be eliminated. A Commissioner asked if a turning movement analysis was done and whether it could be shares( with the Commission in order to provide a visual aide on how some of the angles of the site could be maneuvered by a semi -truck. Other Commissioners said their primary concern was with the entrances and, In particular, the nUmber of full entrances around the area of Hopewell and Brucetown along Route 11. It was suggested that the applicant decrease the number of entrances and remove all signs around the islands to improve site distance. Commission members said they were not opposed to the use of this site as a truck stop; it was an appropriate land use for this area. I-Iowcver, the Commission's concerns were strictly involving the Rezoning 1104-12 Kesari Properties May 10, 2012 Page 9 transportation impacts, which created a huge public health, safety, and welfare issue. A motion to recommend denial «vas made, based on the facts that the applicant had not adequately addressed the Northeast Land Use Plan, the impacts to Route 1 1 and Route 672, nor VDOT's concerns. This motion Nvas seconded and unaninlOLISly passed. (Note: Commissioners Thomas and Madagan were absent from the meeting.) At the Planning Commission's public hearing, there were no citizen comments, either in favor or opposition to the rezoning request. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. RESOLUTION Action: PLANNING COMMISSION: May 2, 2012 - Recommended Denial BOARD OF SUPERVISORS: May 23, 2012 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 904-12 FOR KESARI PROPERETIES WHEREAS, Rezoning #04-12 for Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres, was considered. The properties are located on the west side of Route 11, south of the intersection of I-Iopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2012 and forwarded a unanimous recommendation for denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2012; 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 rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. Tlie conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes. # 14-12 0 This ordinance shall be in effect on the date of adoption. Passed this 23rd day of May, 2012 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lofton Ross P. Spicer Bill M. Ewing Gene C. Fisher Charles S. Dcl-Iaven, Jr.. Christopher E. Collins A COPY ATTEST John R. Riley, Jr.. Frederick County Administrator I'DRes. 1114-12 • REZONING APPLICATION 904-12 KESARI PROPERTIES Staff Report for the Planning Commission Prepared: April 16, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 05/02/12 Pending Board of Supe►visoi•s: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 1 1, south of the intersection of Hopewell Road (Route 672) and Route 11. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/02/12 PLANNING COMMISSION MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and I-lopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right-of-way has not been provided to accommodate the future configuration. finally, the intersection of Route 11 and Hopewell and Brucetown Roads has not been adequately addressed. Following the required public hea/•in , « recommendation !'stir!/Ytll1lQ this l•ezoni/l,i; application) to the Board of Supervisors would be approp/'iate. The applica/lt shoiild be prepared to adequately address all concerns raised by the Planning Commission. R uA INN uA ING Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 lIndustrial, Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community Distric R5 (Residential Recreational Community Di RA (Rural Area District) RP (Residential Performance District) ryyy� l HOPE p 4V REZO412� �!r -1 O L _ REIO41.2 J� a� N Rill 33 A 1628 t Gear &oo. r. •ephe 10� rictl REZ # 04 - 12 Note: Kesari Properties p Frederick County Dept or PINS: Planning & Development 107 N Kent St 33 - A - 164B, 33 - A - 163 Suite 202 e 5 acres from RA to 82 Winchester, VA 226�, and 1.49 acres from B2 to B2 540 - 665 - 5651 with Proffers Mop Created: April 2, 2012 Staff: mruddy 400 Feet • 0 Rezoning 1104-12 Kesari Properties April 16, 2012 Page 2 This report is prepared by the Frederick Colulty Planning Staff to provide information to the Planning Commission and the Board of Supel'visois to assist theist in making a decision oil this application. It may also be useful to othel's intettested in this zoning inatten Unresolved Issue's concerning this application a/'e doted by staff Where i-elevant thi-oughout this staff report. Reviewed Action Planning Commission: 05/02/12 Pending Board of Supervisors: 05/23/12 Pending PROPOSAL: To rezone five acres from RA (Rural Areas) District to 132 (General Business) District, with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. LOCATION: The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-163 and 33-A-16413 PROPERTY ZONING: RA (Rural Area) PRESENT USE: Restaurant/Truck Stop ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (Business General) South: RA (Rural Area) East: 132 (Business General) RA (Rural Area) West: 133 (Industrial Transition) Use: Commercial Use: Vacant Use: Commercial/Vacant Clearbrook Park Use: Commercial/Vacant Rezoning 1104-12 Kesari Properties April 16, 2012 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has completed our review of the subject TIA/Rezoning. We offer the following comments for your consideration: In addition to closing entrance 7a, VDOT recommends the closure of the adjacent entrance to the north and to the south of 7a on Route 11. As proposed, the applicant wishes to pursue the Installation of a traffic signal approximately 540 feet South of the Route 11/I-lopewell Road signalized intersection. We are concerned about the long term operational challenges to Route 11 that this proposal mitigation may create. A formal signal warrant analysis must be prepared and submitted for VDOT review prior to approval. Fire and Rescue: Plans approved as submitted. Fire Marshal: Plans approved. Department of Inspections: We do not have any comments regarding the proposed rezoning. However, we do recommend that future MDPs include a statement regarding the disposition of existing wells and drainfields. Public Woi•ks Department: 1. Refer to Site Suitability, Development Overview: The statement is made that the "land is quite flat and the overall elevation of the land is not substantially higher than the normal water surface elevation of Clearbrook Run". In fact, the water level in the upper reaches of Clearbrook Run is actually higher than the adjacent land areas, thereby creating wetland areas delineated as JWl on the wetlands map. In addition, the creation of t'averting formations (a light colored porous calcite deposited by precipitation of the calcium carbonate from solution in the surface waters) has raised the stream bed causing these increases in water Surface elevations. It is entirely possible that the actual stream channel has been relocated within the property to create the existing pond. 2. Refer to site Suitability, Development Overview: We concur with your conclusion that runoff from fueling areas Should be delivered through an oil/water separator for quality treatment. We recommend that this treatment be incorporated with the existing oil/water separator to insure that runoff from all the fueling areas be treated prior to entering the existing stream. 3. Refer to Site Suitability, Development Overview: It is anticipated that an extensive underdrainage system will be required to construct the connector road between the north and South parcels created by Clearbrook Run. It is possible that the construction of the underdrainage and road will eliminate the wetland area designated as JW1. 4. Refer to Drainage: We recommend that the new stormwater management system be designed to treat stormwater from the existing and new areas for quantity and quality. Sanitation Authority: There is sufficient water and sewer capacity to serve this site. Sei-vice Authority: No comment Frederick -Winchester Health Department: Health Department has no objections to the request so long as no existing or proposed drainfields and wells are impacted negatively. New restaurant permit may be requested. • E Rezoning 1104-12 Kesari Properties April 16, 2012 Page 4 Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (I-IRAB) considered the rezoning proposal during their meeting on May 17, 201 1. The I-IRAB reviewed information associated with the 1992 National Park Service Study Of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by Painter -Lewis, P.L.C. This application seeks to rezone five acres of land from the RA (Rural Areas) District to the B2 (Business General) District. The property is located on the west side of Route 11 near its intersection with Hopewell Road. The proposed Use of the property Is coInrncrclal Uses, Including enhancement of the Olde Stone Truck Stop. The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the Subject property or the surrounding area as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identities three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House (#34-936) — Located on site; Clearbrook Feed & Supply (#34-935); and Clearbrook Presbyterian Church (#34- 708). After reviewing this inforIllation and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated OutbuildiIlgs will Ilot be dernolishcd (Including demolishment by neglect); file proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop from the L. O. Dick House; and A new architectural/historic survey should be completed on the structure to frilly understand its significance. Frederick County Attorney: Please see allached leller clated June 6, 2011, from Roderick B. Williams, County Allorney. Ti-ansportation: Mr. Bishop's comments are included iidlhin cillacheclletter (page 4) cicilecl May 19, 2011, from iWichael T. Rarddy, AICP, Depuly Planning Direclor. Planning Department: Please see allached leller doled May 19, 201 1,from Michael T. Ruckly, AICP, Depuly Planning Direclor. Planning & Zoning: 1) Site History Parcel 163 is zoned B2 Business General Commercial and contains the Olde Stone Restaurant and Truck Stop. This use has been in existence for a significant time. Many of the physical improvements to the site including, but not limited to, the commercial building, fueling stations, and points of access to the surrounding State roads, do not conform to current Zoning Ordinance standards. They are legally nonconforming with regards to these requirements. The original USGS zoning map depicts Parcel 164B as being agricultural. 0 0 Rezoning I104-12 Kesari Properties April 16, 2012 Page 5 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. The 2030 Comprehensive Plan is an official public C10e11111eI1t that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key coillponcilts of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2030 Comprellcnsive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. The Kesari properties rezoning is located within the North East Frederick Land Use Plan Land Use. The North East Frederick Land Use Plan identifies the subject properties with commercial land uses. This is reflective of the current zoning of the property of the Olde Stone Restaurant, and is designated to take advantage of the locations proximity to the Interstate. Interstate 81 and Exit 321 is located a short distance to the West of this site. Directly across Route 11 from the site is the Old Woolen Mill property and Clearbrook Park. Clearbrook Park is owned and operated by Frederick County as the Regional Park serving this part of Frederick County. Site Access and Transportation. Access to this site is a critical component as it is located at the intersection of Route 11, Martinsburg Pike, and Hopewell Road, Route 651. The North East Frederick Land Use Plan and the Eastern Road Plan identify Route 1 1 as a six -lane arterial road in the location of this property. Sufficient right-of-way should be made available to accommodate this future road section and any associated turning movements. Improvements should be provided with any rezoning request to mitigate the impacts of the rezoning and to implement the 2030 Comprellcnsive Plan. In addition, the improvement of the intersection of Route 11, Hopewell Road, and Brucetown Road Is an identified transportation improvement project which has been included in the County's CIP for the past several years. This intersection has been identified as being deficient in terms of level of service and is recognized as needing to be substantially improved to accommodate the planned growth and development of this area in accordance with the North East Frederick Land Use Plan. Access management is a key consideration with any development project. This location is extremely critical given its location at the intersection of Route 11, Martinsburg Pike, and Hopewell/Brucetown Roads. Both the County Transportation Planner and VDOT have expressed concerns that the present and proposed access management at the site is insufficient to address the impacts associated with the proposed rezoning of this site. Rezoning 1/04-12 Kesari Properties April 16, 2012 Page 6 An additional entrance is proposed to provide access to the southern portion of the site. In addition, the Applicant is proposing to close one of the nonconforming entrances on Route 11 and one on I-Iopewell Road. The existing entrances do not meet current access management regulations. Internal circulation is presently challenging. The rezoning proposes site alterations to improve site circulation. However, the site alterations appear to be insufficient to accommodate the proposed use as a truck stop. Environment. The site contains several areas of wetlands and is bisected by Clearbrook Run which feeds into Clearbrook Park. Please see the above comments ofJerecl by Public Works ivith regards to site suitability and the potential impacts of this project. Storm water management will be an issue with this site that needs to be carefully addressed with any site development. Clearbrook Run is proposed to be crossed in two locations by internal access circulation. History The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of the properties are listed as potentially significant. The sites that are listed in the survey are: Dick, L.O. House (#34-936) — Located on site; Clearbrook Feed & Supply (#34-935); and Clearbrook Presbyterian Church (1/34-708). The Frederick County Historic Resources Advisory Board (I-IRAB) considered the rezoning proposal during their meeting on May 17, 2011. After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: The L. O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect); the proffer statement should include a proffer to screen the pumps on the Olcie Stone Truck Stop from the L. O. Dick House; and a new architectural/historic survey should be completed on the structure to frilly understand its significance. The Applicant's Proffer Statement does not include any considerations to address the comments of the I-IRAB or the L. O. Dick House. 3) Potential Impacts Frederick Count Ty tansportation Comments: The following transportation comments have been provided by John Bishop, County Transportation Planner, and remain the County Staff's position on this component of the rezoning. 0 0 Rezoning 1104-12 Kesari Properties April 16, 2012 Page 7 Given the volume of traffic analysis concerns identified by VDOT, all adequate comment on traffic issues is complicated. I-Iowcver, the following concerns remain. 1) Route 11 and Hopewell road right-of-way needs have yet to be fully addressed. 2) Onsite traffic flow appears to create conflicts and safety concerns that need additional review. 4) Proffer Statement — Dated March 21, 2011 and revised on March 15, 2012 A) Allowed Uses: The Applicant has proffered to complete a Boundary Line Adjustment between the two parcels to create a larger parcel around the current and future truck stop and restaurant, and a residual outlot. No restrictions as to the use of the current and expanded parcel arc proposed. The development of the outlot has limitations placed on it. Specifically, the Applicant has proffered to prohibit one or multiple fast food restaurants exceeding 4,500 square feet of total combined gross floor area, and to prohibit Adult Retail uses. Beyond this, all other uses allowed in the B2 Business General District would be permitted on the properties. The Applicant has proffered to limit the number of fueling stations in an effort to further minimize the impact of the expanded truck stop and gasoline service station trips on the adjacent road network and to ensure the internal traffic can be satisfactorily accommodated on the site. B) Access Management and Transportation. The Applicant has proffered the design and construction of a right turn lane on southbound Route 11 to serve both future parcels, a new commercial entrance on Route 11, and the dedication of ten feet of right-of-way along the frontage of Route 11 for the purpose of facilitating future improvements to Route 11. The Applicant has proffered to provide $25,000 for future transportation improvements within the Route l l right-of-way. This amount is insufficient to achieve any real iiirprovement within Route 11. Said improvements to accommodate fixture uses are customarily inane by the development. The Applicant has proffered a new traffic signal at the future site access on Route 11 if warranted within ten years. VDOT h(is cxj)i'essell coiicei-iis regai'diilg (i sigiial iii tliis location. No alternative has been offered to reallocate the funds for the proffered signal to other improvements in the vicinit, that may mitigate the tran51)ortation impacts of this development. This application does not fully address the Eastern Road Plain Which identifies Route Has a six lane arterial road improvement to accommodate lire future land Uses in the vicinity of this project, nor does itfully address the nnnpacts associated nvith the request at the intersection of Route 11 and Hopewell and BrilcetoWii Roa(Is. Ini adllitioin, access niaii(igeiiieiit aloiig Roixtt, 11 and Hopewell Road is dcfcient. • 0 Rezoning 1104-12 Kesari Properties April 16, 2012 Page 8 C) Site Development: The Applicant has proffered a Generalized Development Plan (GDP) for the purpose of identifying the general Configuration of the proposed development on the parcel, the general location and form of the parcel access, the future new property line and location of the outlot, and construction improvements to Route 11. In addition, the Applicant has proffered landscape enhancements in the form of eighteen shade trees along the frontage of the Route 11 right of way in addition to the requirements of the Frederick County Zoning Ordinance. The intelvral circulation null site lllyout identified oil the GDP does not appear to enable the proposed uses, especially the truck stop and refueling component which is the most sigirif carrt Ilse pi-oposell, to fliiictioil effectively. It would appear as thoiigh tliei,e wollld be multiple internal conflicts which (reed to be allllressed prior to increasing the intensity ofthe use of this property. D) Mitigatingthe le Impact of Development: The Applicant has proffered to pay or donate $5,000 for Fire and Rescue purposes for impacts to fire and rescue services. STAFF CONCLUSIONS FOR THE 05/02/12 PLANNING COMMISSION MEETING: While the uses proposed by this rezoning request are consistent with the land use designations of the 2030 Comprehensive Plan, the impacts associated with the rezoning application have not been adequately mitigated. In particular, the transportation impacts relating to internal site circulation and access to and from Route 11 and Hopewell Road remain. Further, the future improvements identified in the Eastern Road Plan have not been adequately addressed; sufficient right-of-way has not been provided to accommodate the future configuration. Finally, the intersection of Route I 1 and Hopewell and Brucetown Roads has not been adequately addressed. Follolying the required public hearing, a recontmelrllation i-egai-ding this rezoning application to the Board of ,Supei-visoi-s would be appr'opHate. The apphcaiit should he prL'pai-ed to alleguatelV allllress all concerns raised bV the Planning Commission. • RLZO )N 1N'G APPLICATION FORM FREDERICK COUNTY, VIRGINIA • 'o be completed by Planning .SiaJf oning Amendment Number C Hearing Date 5 Fee Amount Paid $ 10. Do er _Date Received BOS Hearing Date S The following infownation 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: Laxmi Kesari Address: 11499 White Oak Court Herndon, VA 20170 2. Property Owner (if different than above) Name: Address: 3. Contact person if other- than above John Lewis Name: Telephone:: 703-406-0736 'Felephone: 540-662-5792 Telephone: 4. Checklist: Check the following items that have been included with this application. Location map _ X _ Agency Comments X _ Plat X Fees X _ Deed to property _X _ Impact Analysis Statement X_ _ Verification of taxes pain X _ Proffer Statement _X _ • 1Q • CJ 5, The Code of Virginia allows us to request full disclosure of ownership in relation to I-e7.oning applications. Please list below al] owners or parties in interest of the lend to be rezoned: S. K. Associates, Inc. Kesari Third Generation, LLC Residential -RA 6. A) Current Use of the Property: Limited Commercial-132 B) Proposed Use of the Property: 7. Adjoining Property: PARCEL II) NUMBER USE ZONING 33-A-1641 commercial B3 33-A-164E vacant RA 33-A-162B recreational RA 10 33-A-162 commercial B2 . . 33-A-158 . religious RA 33-A-115A commercial B2 33-A-115B................................. utility RA -33-A-164F ..... - •. - commercial B2 - - .33-A-164G commercial B3 ...... . . 33-A-164H commercial B3 R. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and r011tC numbers): The property is located on the west side of Route 11, -approximately 300 feet south of the intersection of Hopewell Road and Route 11. .................................................. . ........ I ..... ......................... I 40 • • • 9. The following informatio►l should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhonle: Mm ulti-Faily: Non -Residential Lots: Mobile Home: Hotel Rooms: S(IuarC Foota,11e of Proposed Use Office: Service Station: Retail: 35,500* Nlanullacturing: Restaurant: _4,500* Warehouse: _ Other: *For use in Traffic Impact Analysis only. 10. Signature: I (WC), the Lllldel'Slglled, (to hereby respectfully make application and petition the Frederick County Board of Supervisor's to alllend the Zoning Ordinance and to Change the 'Lolling map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. • I (WC) understand that the sign issued when this ill)pllCatioll is SL1bmittccl must be placed at the front property line at least scvcn clays prior to the Planning Commission public licaring and the Board of Supervisors' public hearing and maintained so as to be visibte from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and aCCUI'ate to the best Of lily (our) knowledge. Applicant(s): � Date: 1-2— Date:� Owncr(s): 12 is Date: Date: 0 • Adjoining Property Owners Rezoning Owners ofproperty adjoining the land will be notified of the Planning Commission and the Boarcl of Supervisors nleCtings. For the purpose of this application, adjoining property is ally property abutting the requested property on the side or rear or any property directly across a public right -of -wily, a private right-of-mly, or ,1 )viltel'course from the requested propel•t-y. The appliunt is 1'equircd to obtalll the following information On each adjoining property il1CIllCllllg t11C parcel 1dentificatioll 111.1 lber vvhlcll may be obtained froin the office of the Commisslonel' of RCYClllle. The COmmiSS'ioner of'lhe Revenue is located on the 2nd floor of the 1'reclerick Counly litlministrnrive Builcling), 107 North Kent Street, IN Mile and Property Identification i`lumber Address Na,,,e Mobile Shelters, Inc. PO Box 1001 Dumfries, VA 22026 P,.ot,C1.t�, t; 33-A-1641 �117C K.D. & J. F. Richardson 106 Cotswold Court Stephens City, VA 22655 Property T 33-A-164E County of Frederick 107 N. Kent Street Winchester, VA 22601 [rErty tt 33-A-162B NamC L. & R. Kesari 11499 White Oak Court Herndon, VA 20170 Property tt 33-A-162 ,,am, Clearbrook Presbyterian Church 830 Woods Mill Road Stephenson, VA 22656 - — -- Property,l 33-A-158 ��111C William Orndoff, LLC PO Box 7 Clearbrook, VA 22624 Property t 33-A-115A Mull, Potomac Edison 10435 Downsville Pike Hagerstown, MD 21740 Property r 33-A-115\11,B 11C Clearbrook Real Estate, LLC PO Box 147 Clearbrook, VA 22624 prot,erty ri 33-A-164F N,,,, c Fish Properties, LLC 2619 Apple Pie Ridge Road Winchester, VA 22603 Property ,1 33-A-164G 10 7. e a1d Propet ty Zdentifiea(ion Number Aciciress C.D. & D. S. Lucci 117 Ridge Road F33-A-164H Winchester, VA 22602 Property :: Name Property N Name Properly fF Nan1c Property iF N3111C Property f! Name Property fF Namc Property I Name Property It Nat11C Properly fF Namc Property if Hill 4, &Mggl F m W0il?1J1.' KESARI PROPERTIES FREDERICK COUNTY, VIRGINIA SCALE: 1"=2000' DRAWN BY: P - L DATE: 10-21-101 JOB # 1004012 1 REVISED: PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA LOCATION MAP • Special Limited Powe1• of Attorney County of F rederiek' vil-gillia Frederick Planning Web Site: Department of I'lluining & Development, County of Frederick, Virginia, 107 North Kent Strect, Suite 202 1Vinehesler, Virginia 22601 Facsimile 5,10-665-6395 Phone 5,10-665-5651 Know All Alen By Thosc Present: That I (We) (Name) Kesari Third Generation, LLC (1'11011c) 703-406-0736 (Address)11499 White Oak Court, Herndon, VA 20170 the owner(s) of all those tracts or parcels of land (" Propcl•ty',) conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 100000109 on Page 0138 , and is described as Parcel: Lot:164 Block: Section: Subdivision: do hereby make, constitute and appoint: 540-662-5792 (Name) Painter -Lewis, P.L.C. (I hone) (Address)116 North Braddock Street, Winchester, VA 22601 • TO act as my true, and lawful attorney -in -fact for and in my (our) panic, place, And stead with full power and authority I (eve) would have if acting personally to file pl<ullling applications f'or my (our) above described Property, including: X Rezoning (including; proffers) Conditional Use Permit Master Development Plan (Preliminar), and Final) Subdivision _ Site Plan _ Variance or Appeal Conlprellensive Policy Plan Amendment • IM), attorney -in -fact shall have the authority to offer proffered conditions and to make 1 11eI1dl11eI11S l0 previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (vve) have hereto set my (our) hand and seal this lay of Signaturc(s) State of Virginia, Cite/County of VA.L�(, i e y, , "1 o-\vit: 1' e tom\ , I d Ut e a Notary Public in and for the jun'isdiction aforesaid, certify that the persons) who signed to the foregoing instrument pei'sT,nally Appeared before me and has acknowledged the same before me in the j%.15S4i Lion aforesaid this & clay of P/nruan* 2U(+F . t "" "'�t�1�( }llllllsslOn Expires: �� g y Notary Public m •� RED � Revised 3/17/08 _ n 7351593 1 Q _ COMMISSION z T' EXPIRES ' (? \�,`,, "O"'mInuj1`OO 0 0 Special Limited Power of Attorney County of l+rederidq virgillia Frederick Planning Well Site: ►�'►�'�ti'.l:u.frecicrick.� u_us Department of Planning; &s Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 5,10-665-6395 Phone 5,10-665-5651 Know All Men By Those Present: That I (\Ve) (Namc) S. K. Associates, Inc. (I)Ilollc) 703-406-0736 (Address)11499 White Oak Court, Herndon, VA 20170 the owncr(s) of all those tracts or parcels of lancl ("Property') conveyed to me (us), by deed rccorcicd in the Clerk's Office of the Circuit Court of the County of I'recicricic, Virginia, by Instrument No. 040002233 on Page 0133 , and is cescribed as Parcel: Lot: 163 Block: do hereby make, constitute and appoint: (Name) Painter -Lewis, P.L.C. Section: Subdivision: (Phone) 540-662-5792 (Address) 116 North Braddock Street, Winchester, VA 22601 TO act as Illy tr►IC alld lawful attorney -in -fact for and in lily (our) nanie, place, and stead with full power and authority I (we) would have if acting personally to file planning; applications for Illy (our) about described Property, including;: x Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary Ilnd Final) _ Subdivision _ Site Plan _ Variance or Appeal Conlprellensive Policy Plan Amendment 14y attorney -in -fact sliall have the authority to offer proffcrcd conditions and to make alllCncltllcllts to previously approved proffered conditions except as follows: This authorization shall expire one year fi•onl the clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (\ve) have hereto set my (our) hand alul seal this 16 clay of j6f 20(L-1- State of Virginia, '�LLt�'/County of t_ , To -wit: lwt S ►►rlrrt,,.a -Notary Public in and for the jurisdictioll aforesaid, certify that the persons) wh�� t; . cl•t�rtti �b i*Ving instl•unlenl personally appealed before me an� a aclalo� e igecl the same befog mg'' Pt iY j�i gc�Vtio aforesaid this kb clay of N?Rtt_ , 20j V2. REG # � ,S• O c 7515853 69Mti1SS18Nm3,r�lllnissioll l�xpires: 30�Zo1(� Kota Pllbl 5 EXPIRES 0'•. 9/30/20 6 '•� Rev`ed 3/17/08 �y'•. / ti . ��rrrlr►►►`` • 0 0 a Kesari Third Generation, LLC S. K. Associates, Inc. TM##33-A-164B and 33-A-163 Proffer Statement Rezoning #: Property: PARCEL ID: 33-A-164B Area: 5.0 acres Recorded Owner: Kesari Third Generation, LLC Applicant: Mr. Laxmi Kesari 11499 White Oak Court Herndon, Virginia 20170 Project Name: Magisterial District: Original Date of Proffers: Revision Date Kesari Properties TM#33-A-164B and 33-A-163 Stonewall Magisterial District March 21, 2011 March 15, 2012 Prepared by: PAINTER-LEWIS, P.L.C. 116 North Braddock Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@ painterlewis.corn Job Number: 1004012 PROFFER STATLQENT- Kesari ProP erties-TM#33-A-1b4B and 33-A-163 • Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # G4-/.2. for the rezoning of parcel TM# 33-A-164B from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 2/15/12, identified as "Generalized Development Plan Kesari Properties Route 11 North" and which is attached to the proffer statement, for the purpose of identifying the . general configuration of the proposed development on the parcel, the general location and form of the parcel access, the approximate location of a new property line which represents a boundary line adjustment between Parcel TM# 33-A-164B and Parcel TM# 33-A-163, and construction improvements to Route 11. Please refer to the attached drawing named "GDP". • 2.) Boundary Line Adjustment Through a boundary line adjustment, approximately one half of the five acres of Parcel TM# 33-A-16413 will be combined with Parcel TM# 33-A-163. The other portion of the five acres will be contained in a parcel hereafter referred to as the "outlot". 3.) Limitations on Future Development Other than specific uses listed below, the applicant agrees that no more than a total of 40,000 gross square feet of indoor, commercial, building area shall be developed on the outlot. The applicant agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the outlot: 1. One or multiple fast food restaurants with or without drive through service windows exceeding 4,500 square feet of total, combined, gross floor area; 2. Adult retail. page 2 PROFFER STATEWNT- Kesari Prope rties-TM#33-A-1 44B and 33-A-163 • 4.) Limitations on Fueling Positions The applicant agrees to limit the total number of product dispensers on both Parcel TM#33-A-164B and Parcel TM#33-A-163. The applicant agrees to limit the number of diesel fueling positions to ten (10). The applicant agrees to limit the number of gasoline fueling positions to ten (10). This proffer in no way limits the ability of the owner to install or maintain other product dispensers for accessory products such as kerosene or non - conventional (alternative) fuels. 5.) Improvements to Route 11 The applicant will make road frontage improvements, in accordance with the standards of the Virginia Department of Transportation, to Route 11, Martinsburg Pike, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Implementation of the improvernents as approved by VDOT and will be completed prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first. The improvements will include: a) The design and construction of a right turn lane southbound on Route 11 to serve both the proposed outlot and the Olde Stone Truck Stop; b) The design and construction of a full movement commercial entrance to serve both the proposed outlot and the Olde Stone Truck Stop generally as shown on the GDP; c) The dedication of a ten foot strip of land along the frontage of Parcel TM# 33-A- 164E to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 11. 6) Site Alterations to Accommodate Future Improvements to Route 11 The applicant will make changes to the site of the current operations of the Olde Stone Truck Stop that will be necessary to accommodate future improvements to Route 11. The alterations will include: a) The relocation of all existing gasoline fueling positions as shown on the GDP; b) All existing diesel fueling positions will be relocated as shown on the GDP. 7.) Site Alterations to Improve Site Circulation With approval from the Virginia Department of Transportation, the applicant will implement the following alterations: a) The elimination of one curb opening on Route 11; b) The decrease in the width of one curb opening on Route 11 to approximately 24' in width; c) The elimination of one curb opening on Hopewell Road; d) The designation by on -site signs of one curb opening on Hopewell Road as "In Only". page 3 PROFFER STAT*NT- Kesari Prope rties-TM#33-A-154B and 33-A-163 • 8.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first, subsequent to the approval of this rezoning. 9.) Monetary Contributions The applicant agrees to provide $25,000.00, for future transportation improvements within the Route 11 right-of-way. This sum will be paid prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first, subsequent to the approval of this rezoning. 10.) Route 11 Traffic Signal For a period of ten (10) years from the date of the approval by the Board of Supervisors of this rezoning application and in the event that the Virginia Department of Transportation determines that a traffic signal is warranted at the intersection of the "New Access" and Route 11, as shown on the GDP, the applicant will fully pay for the design and construction of a traffic signal. The signal will serve as traffic control of the three way intersection created by the "New Access" and Route 11. • 11.) Route 11 Landscape Enhancement In addition to the requirements of the Frederick County Zoning Ordinance, the applicant agrees to install ten (10) shade trees generally evenly spaced and along approximately 300 linear feet of the Route 11 right of way as shown on the GDP. Trees will be selected from the "Acceptable Tree and Shrub" list contained in the Frederick County Zoning Ordinance. A landscape plan containing these trees will be submitted as part of the first site plan showing improvements to the Olde Stone Truck Stop. (• 12.) Route 11 Landscape Enhancement In addition to the requirements of the Frederick County Zoning Ordinance, the applicant agrees to install eight (8) shade trees generally evenly spaced and along approximately 220 linear feet of the Route 11 right of way in front of the O.L. Dick House as shown on the GDP. Trees will be selected from the "Acceptable Tree and Shrub" list contained in the Frederick County Zoning Ordinance. A landscape plan containing these trees will be submitted as part of the first site plan showing improvement to the outlot. page 4 � 0 U • PROFFER STATEME* • PARCEL ID's: 33-A-164B The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: On Behalf of Kesar Third Generation, LLC qty/County of UD i vx (- I r- s�e-r , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this �� day of 12012. Notary Public Notary Registration number: 7 3'S 1 S � 3 My commission expires: a , i On Behalf of S-K-Ass is es, Inc. \\\,, I I I I I I I U11111,'1 P J . TRZZ �,,,, PRY p. �p'% 2 R EG # n . 73515133 • 4 ' COMMISSION ' z ' EXPIRES 12L- 3 City/County of UL�, S ri , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this / Ste` day of uc- I^ ./ 12012. Notary Public Notary Registration number: -7 -S -' / 5 5 3 My commission expires: 3 D L{ RFG �' COI••MISSION i Z c '. LAPIRES Fq L �11/11111111111\\\ T H page 5 OUTLOT / 1 2 LANDSCAPE ENHANCEMENT F RIGHT OF WAY DEDICATION i APPROXIMATE LOCATION OF ONEW PROPERTY LINE r— I O.L. DICK / HE 5 b NEW ACCESS 10 TRAFFIC SIGNAL \ 60 0 60 m W6� \ Scale 1 " = 60 ft \ I PARCEL TO BE REZONEf� \ TM# 33- A-164B \ ZONE: RA I � \` o IFTI \ �Z--z ^It RIGHT TURN LAN 5a SOUTHBOUND / < cn o C � N Q o EXISTING POND 0-1-1-1 - ` I , 1 1 LANDSCAPE FWHAWrFMF NEW DIESEL FUELING POSITIONS Ill 7 6c EXISTING ASOLINE a FUELING P%Sl�IONS T \� EXISTING DIESEL 6b FUELING POSITIONS I NEW GASOLINE FUELING POSITI a ELIMINATE CURB --OPENING OLDE STONE TRUCK STOPI TM# 33—A-163 — ZONE: B2 MARTINSBURG PIKE - US ROUTE 11 _ -► 80' RIGHT-OF-WAY SPEED LIMIT 45 1 j�?UTE 11 MARTINSBURG PIKE ° ELIMINATE CURB OPENING REDUCE CURB \ OPENING WIDTH a Im1 m Ln rri I� T rn lrn rn Zi I Z Ld w� CL w W O a— Z �ZO Ld N � H Q V) O W Y ~ WU w U ch I■ V J ■ E � CIA � 0 U N N Co L N O p -o .c � ^( p � W J��LnL� m > �� O _ �L-2�L) L O O 4- O N aV) O ~ LL- E w a U V) z JLLI W (n ow SURVEY: C.I.: NA NA DRAWN BY: JOB NO.: P-L 1004012 SCALE: DATE: 1"=60.0' 2/15/12 NAME NQ Kesari Third Generation, LLC S. K. Associates, Inc. TM#33-A-164B and 33-A-163 Proffer Statement Rezoning #: Property: PARCEL ID: 33-A-164B and 33-A-163 Area: 5.0 acres Recorded Owner: Kesari Third Generation, LLC Applicant: Mr. Laxmi Kesari 11499 White Oak Court Herndon, Virginia 20170 Project Name: Magisterial District: Original Date of Proffers: Revision Date Kesari Properties TM#33-A-164B and 33-A-163 Stonewall Magisterial District March 21, 2011 March 15, 2012 Prepared by: PAINTER-LEWIS, P.L.C. 116 North Braddock Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 1004012 IDROFFER STATEMW- Kesari Properties-TM#33-A-1644knd 33-A-163 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcel TM# 33-A-164B from RA to B2, and parcel TM# 33-A-163 from B2 to B2 with proffers, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 2/15/12, identified as "Generalized Development Plan Kesari Properties Route 11 North" and which is attached to the proffer statement, for the purpose of identifying the general configuration of the proposed development on the parcel, the general location and form of the parcel access, the approximate location of a new property line which represents a boundary line adjustment between Parcel TM# 33-A-164B and Parcel TM# 33-A-163, and construction improvements to Route 11. Please refer to the attached drawing named "GDP". 2.) Boundary Line Adjustment Through a boundary line adjustment, approximately one half of the five acres of Parcel TM# 33-A-164B will be combined with Parcel TM# 33-A-163. The other portion of the five acres will be contained in a parcel hereafter referred to as the "outlot'. 3.) Limitations on Future Development Other than specific uses listed below, the applicant agrees that no more than a total of 40,000 gross square feet of indoor, commercial, building area shall be developed on the outlot. The applicant agrees to prohibit the following uses (as listed in the Frederick County Zoning Ordinance) on the outlot: 1. One or multiple fast food restaurants with or without drive through service windows exceeding 4,500 square feet of total, combined, gross floor area; 2. Adult retail. page 2 PROFFER STATEMOT- Kesari Prope rties-TM#33-A-1640nd 33-A-163 vp 4.) Limitations on Fueling Positions The applicant agrees to limit the total number of product dispensers on both Parcel TM#33-A-164B and Parcel TM#33-A-163. The applicant agrees to limit the number of diesel fueling positions to ten (10). The applicant agrees to limit the number of gasoline fueling positions to ten (10). This proffer in no way limits the ability of the owner to install or maintain other product dispensers for accessory products such as kerosene or non - conventional (alternative) fuels. 5.) Improvements to Route 11 The applicant will make road frontage improvements, in accordance with the standards of the Virginia Department of Transportation, to Route 11, Martinsburg Pike, in support of the proposed development. The improvements will be designed and submitted for approval to the Virginia Department of Transportation and Frederick County during the site plan review process. Implementation of the improvements as approved by VDOT will be completed prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first. The improvements will include: a) The design and construction of a right turn lane southbound on Route 11 to serve both the proposed outlot and the Olde Stone Truck Stop, K b) The design and construction of a full movement commercial entrance to serve both the proposed outlot and the Olde Stone Truck Stop generally as shown on the GDP: c) The dedication of a ten foot strip of land along the frontage of Parcel TM# 33-A- 164E to the Virginia Department of Transportation for the purpose of facilitating future improvements to Route 11. 6) Site Alterations to Accommodate Future Improvements to Route 11 The applicant will make changes to the site of the current operations of the Olde Stone Truck Stop that will be necessary to accommodate future improvements to Route 11. The alterations will include: a) The relocation of all existing gasoline fueling positions as shown on the GDP; b) All existing diesel fueling positions will be relocated as shown on the GDP. 7.) Site Alterations to Improve Site Circulation With approval from the Virginia Department of Transportation, the applicant will implement the following alterations: a) The elimination of one curb opening on Route 11; b) The decrease in the width of one curb opening on Route 11 to approximately 24' in width: c) The elimination of one curb opening on Hopewell Road; d) The designation by on -site signs of one curb opening on Hopewell Road as "In Only". page 3 °ROFFER STATEMOF- Kesari Properties-TM#33-A-164*nd 33-A-163 8.) Monetary Contribution to Frederick County Service Organizations The applicant will donate or will cause to be paid to the Treasurer of Frederick County for Fire and Rescue purposes the sum of $5,000.00 for impacts to fire and rescue services. This sum will be paid prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first, subsequent to the approval of this rezoning. 9.) Monetary Contributions The applicant agrees to provide 525.000.00, for future transportation improvements within the Route 11 right-of-way. This sum will be paid prior to the operation of any new fueling positions on the site or the occupancy of any new building on the outlot, whichever occurs first, subsequent to the approval of this rezoning. 10.) Route 11 Traffic Signal For a period of ten (10) years from the date of the approval by the Board of Supervisors of this rezoning application and in the event that the Virginia Department of Transportation determines that a traffic signal is warranted at the intersection of the New Access" and Route 11, as shown on the GDP, the applicant will fully pay for the design and construction of a traffic signal. The signal will serve as traffic control of the three way intersection created by the "New Access" and Route 11. 11.) Route 11 Landscape Enhancement �C ` `'` l""�' L - In addition to the requirements of the Frederick County Zoning Ordinance, the applicant agrees to install ten (10) shade trees generally evenly spaced and along approximately 300 linear feet of the Route 11 right of way as shown on the GDP. Trees will be selected from the "Acceptable Tree and Shrub" list contained in the Frederick County Zoning Ordinance. A landscape plan containing these trees will be submitted as part of the first site plan showing improvements to the Olde Stone Truck Stop. 12.) Route 11 Landscape Enhancement In addition to the requirements of the Frederick County Zoning Ordinance, the applicant agrees to install eight (8) shade trees generally evenly spaced and along approximately 220 linear feet of the Route 11 right of way in front of the O.L. Dick House as shown on the GDP. Trees will be selected from the "Acceptable Tree and Shrub" list contained in the Frederick County Zoning Ordinance. A landscape plan containing these trees will be submitted as part of the first site plan showing improvement to the outlot. page 4 33-A-II5A • l ` _ N�PeWE� Zoned•B2 ROgo Use: Commercial S6 i 2p''t p v F GA_ I`e (Te 60 N 75q ;,8 �51e'l �rol�k,a+rS l�I o lj r J `'l to ".b 33-A-163 to 0 a �� ? S. K. ASSOCIATES, INC. / Zoned: 82 �v vro Y V LA) Use: Commercial OLDE STONE TRUCK STOP o 0 FISH PROPI Zoned: 63 Use: Commercial �'` 376 1ST S25'27'34"W 33-A-164H\ 26.33'h� Q LUCCI C Zoned: B3 Use: Commercial/ / Qt / h 33-A-164B KESARI THIRD GENERATION LLC Zoned: RA y Use: Residential S39'55'57"E 00 OJ / 60.41 �� 33-A-162B cJ FREDERICK COUNTY Q Zoned: RA Use: Clearbrook Park _2 j 90 , / 33-A-164E RICHARDSON S,) / Zoned: RA \ / KESARI PROPERTIES Use: Vacant FREDERICK COUNTY, VIRGINIA �2S SCALE: 1 "=200DRAWN BY: P — L DATE: 3- 15-12JOB /1004012 REVISED: PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA PROPERTY EXHIBIT N 3ORNDOFFA Op�weCC Zoned: 62 RO q0 Use: Commercial / S6g / h 0 20. 33—A-164F 7 CLEARBROOK REAL ESTATE LLC Zoned: B2 PO / Use: Commercial o / �� 33—A-163 S. K. ASSOCIATES, INC. Zoned: B2 Use: Commercial OLDE STONE TRUCK STOP 0 33—A-164G �� / N60 SS FISH PROPERTIES, LLC NP �V Zoned: 63 Use: Commercial \ / �G� L S25.27'34"W �/ 26.33' Q 33—A-164H\ h� LUCCI Zoned: B3 Use: Commercial _ J / I y / / S39.55'57"E / 60.41' m 33—A-164B KESARI THIRD GENERATION LLC Zoned: RA Use: Residential CO / h� 33—A-162B FREDERICK COUNTY Zoned: RA IT Use: Clearbrook Park 2j390 / 33—A-164E �� RICHARDSON S j / Zoned: RA \ Use: Vacant \ / KESARI PROPERTIES FREDERICK COUNTY, VIRGINIA 2�5 SCALE: 1"=200 DRAWN BY: P — L DATE:3-15-12 JOB #1004012 1 REVISED: PAINTER—LEWIS, P.L.C. WINCHESTER, VIRGINIA \ PROPERTY EXHIBIT 0 COUNTS' of FREDERICK Department of Planning and Development 540/665-5651 FAX: S40/665-6395 TO: Jolv1 Lewis, P.C. Painter -Lewis P.L.C. FROM: Michael T. Ruddy, AICP Deputy Director RE Rezoning Comments: Kesari LLC — Clcarbrook Rezoning DATE: May 19, 2011 The following comments are offered regarding the Kesari LLC — Clearbrook Rezoning Application. This is a request to rezone five acres from RA (Rural Areas) to B2 0 (Business General) with Proffers. The review is generally based upon the proffer statement elated March 21, 2011, the Impact Analysis Statement dated March 21, 2011, and the TIA dated March 11, 2011. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a 111inlll'11,1m, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General ? . T?1c acreage cf the portion of P'srecl 33- A -1 Gn I3 should be lefined 211d adds-d within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with the application. Consider including the additional parcel containing the existing use. 3. The Submission fee for this application would total $10,500.00, based upon acreage of five acres, plus the appropriate alll01.111t fOl' public hearing signs. Land Use 1) The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan . provide guidance on the future development of the property. The property is located within the SWSA. The Conlprcllcilsive Policy Plan identifies the general area surrounding this property with a commercial land use designation. In general, the proposed commercial land use designation for this property is consistent with this commercial land use designation of the Comprehensive Plan. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Kesari LLC — Clearbrook Rezoning Comments May 19, 2011 Pagc 2 2) The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. 3) The NELUP identifies an area for the potential relocation of the Clearbrook Fire and Rescue facility in the vicinity of this site. Please address. Impact Analysis Statement Please address the following items from the Impact Analysis Statement prepared for this Application. 1) Under i. Introduction, it is stated that the intended purpose of this rezoning is to enable the applicant to develop the site for commercial purposes, including the enhancement of the Olde Stone Truck Stop that is currently in operation. Tile adjoining property should be linked to this request, potentially by incorporation • into a rezoning for the entire property. This is most important as the GDP that is part of the impact statement and proffer statement proposes improvements and commitments to the Olde Stone Truck Stop property. 2) The Illultiple nonconforlllltles pI'esent oil the Site Of the CXlSting truck stop should be addressed, most critically, those associated with access and intensity of use. 3) The rezoning proposes a significant increase in the intensity of the use. Recent developments and rezoning proposals, namely flying J and the Manning, Aerogas rezoning, provide guidance as to the issues that should be addressed. Unfortunately, the proposed GDP does not satisfactorily address issucS that were identified during the development and evaluation of the above referenced projects. 4) With regards to the widening of Route 11, NBLUP calls for a six -lane section �vltll accommodations made for turning movcInellts at critical intersections. The evaluation of the Manning, Aerogas Rezoning provides further guidance as it proposed a similar use and was equally as proximate to a critical intersection with a left turn movcrllent onto Route 1 1, and from Route 1 1 heading toward Interstate 81. The TIA's for potentially similar LISCS appear to differ in the impacts identified. 5) It has not been clearly demonstrated that the rezoning will improve traffic circulation on Hopewell Road and Route 11, or even within the existing truck stop. The proposed site layout, while increasing the capacity of the truck stop's operations, does not appear to function adequately. There appears to be • significant Conflict within the site with i'Cgal'dS to Cil'CLllation, parking, and access. 0 0 • Kesari LLC — Clearbrook Rezoning Comments May 19, 2011 Page 3 6) Under A. Site Suitability, it is recognized that this parcel lies across Route I I from Clearbrook Park. However, no accommodations in terms of landscaping, buffering and screening, and preservation of historic features of this site have been made in an effort to mitigate the impact of this commercial development on the park. 7) I'uI'ther, coIlslderation of the Route I I corridor Should be made. Other projects in the Route I I corridor have provided an enhanced landscaped buffer with oilier fencing and architectural considerations. It is observed that a stone wall exists on this property with potential historical connections. This may present an opportunity for the applicant. The comments of the I-IRAB should be adequately addressed. Other projects in this area have utilized a split rail fence enhancement and have provided bicycle and pedestrian accommodations. 8) The layout of the site should be carefully evaluated to ensure that it meets current zoning ordinance standards. As the GDP is part of the proffer statement, it will need to be accurate. Presently, it would appear as though there are parking, access, stackiIlg and circulation concerns. 9) The hnpact Analysis states that run-off from fueling areas will be conveyed to an • oil water separator for quality treatment. This and any other environmental enhancements Should be included in the proffer statement to ensure their COI1StI'LICtIOn. 10) An evaluation of the proposed disturbance of Clearbrook Run and the identified wetlands on the site against the County's envll'011lllental standards contained within the zoning ordinances should be completed. Tile proposed intention Of the owner, as stated in the Impact Statement, to preserve and protect the environmental features, Should be Included In the proffeI' statement. 11)The remaining two and a half acres of the site contains a historic house and associated features. There is no mention of this in the impact analysis. Please address and ensure any conlrllentS provided by the I-IRAB are addressed also. 12) With regards to the Solutions identified to address the existing Conditions In the Slate right -or -way, it should be recognized that this proposed development has some responsibility, if not all, to design and potentially Construct inlprovenlentS within the Route 1 I right-of-way, and the intersection of Hopewell and Route 11. I')) Utilizing the existing entrances until improvement to Hopewell Road and Route 11 occurs may not be the best approach if the traffic impacts are significant. 14) Commercial and Industrial uses do have a capital facility impact on County public facilities. The D.I.M. recognizes this. The D.I.M. attributes credit for taxes raised for C & I uses as an offset to the impacts of C & I uses on public facilities. In general recognition of those impacts, C & I uses typically proffer some form of contribution as a way to offset their impacts. • 0 • . Kesari LLC — Clearbrook Rezoning Comments May 19, 2011 Page 4 Transportation The following transportation comments have been provided by Jolm Bishop, County Transportation Planner, and should be considered as the County Staffs position on this component of the rezoning. Given the volume of traffic analysis concerns identified by VDOT, I am unable to render an adequate comment on traffic issues. However, I can offer the following concerns. 1) Route I I and Hopewell Road right-of-way needs have yet to be fully addressed. 2) Onsite traffic flow appears to create conflicts and safety concerns that need additional review. Proffer Statement 1) Staff would support the County Attorney's opinion that any proffer that, for purposes of clarity and understanding, it would be preferable to limit the commitments in the proffer statement to those that are above and beyond the scope of any existing requirements, whether required by Code or by Permit. In general, narrative should be placed within the Impact Statement with commitments located in the Proffer Statement. Given the potential intensity of the proposed use, strong consideration should be made to bringing the existing site into conformance with current codes and regulations. 2) The proffers do not appear to adequately address the site development and access issues of the anticipated use, a truck stop. In some cases, they also appear to contradict the desired flow of the GDP and further complicate site circulation and access. As an example, in the proffers, improvements to Route I l are designed to encourage truck traffic to enter the site on Route 1 I. However, the GDP appears to flow traffic directly from Hopewell Road. This conflict would appear to create circulation and exiting issues for those trucks accessing the site and diesel fueling positions from the new Route I I entrance. In Conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. ivITRJbad 0 • PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel. : 116 North Braddock Street fax: Winchester, VA 22601 email March 21, 2012 Mr. Michael T. Ruddy Frederick County Department of Planning and Development 107 N. Kent Street Winchester Virginia 22601 (540)662-5792 (540)662-5793 office@painterlewis.com RE: REZONING COMMENTS: Kesari LLC-Clearbrook Rezoning Dear Mike: 1,AR262012 I have revised the Rezoning Application to address comments from you and other agen- cies as follows: Department of Planning and Zoning General 1. The acreage of the rezoning area has been added to the title block of the Proffer Statement. 2. Required materials are being submitted. The adjacent parcel has been incorporated by reference into the application. 3. The application fee check in the amount of $10,500 is included with the materials. I will provide the sign fee upon request. Land Use 1. Comment noted. 2. Comment noted. 3. This rezoning has been reviewed by the Frederick County Fire Marshal and has been submitted to the Clearbrook Volunteer Fire and Rescue Company. These entities have expressed no interest in having a facility on this site. Impact Analysis Statement 1. The adjacent parcel containing the Olde Stone Truck Stop has been incorporated into the application. 2. Site nonconformities are addressed on page 7 under "Site Alterations". Site access and intensity of use issues have been addressed in the Traffic Impact Analysis. 3. The TIA provides us with analysis of the site conditions and concludes that the pro- posed expansion of the truck stop will be accommodated by the current configuration of the adjacent road system. 4. The TIA developed for the Olde Town Truck Stop used historic vehicle counts. The Olde Town Truck Stop is really not comparable to Manning, Aerogas or the Flying J as it is not on the same commercial scale as those operations. This statement is justified by historic vehicles count. Page 1 Job No.: 1004012 Mr. Michael T. Ruddy • 5. The owner is convinced that making the Hopewell Road entrance one way in, and creating a new truck exit further south on Route 11 will drastically improve traffic circula- tion. We have also revised the GDP to add a second aisle from the fueling positions to the Route 11 exit to provide better on -site circulation. 6. The distance buffer between the subject parcel and the park is at least 90 feet, includ- ing the width of the Route 11 right of way. The park contains significant, mature vegeta- tion along Route 11 that provides screening. Section 165-202 of the county zoning ordi- nance requires perimeter landscaping consisting of shade trees and headlight screening which will apply to this project. The riparian buffer regulations contained in Section 165- 201 require preservation of the stream buffer. This regulation will result in about 70 feet of green space in the parcel which will further soften visual impacts from the site. Section 165-201 provides protection from light glare to the park by setting standards for light fixtures and performance. There are no known historic features on the site. 7. The project has been reviewed by HRAB. Of significant concern was the O. L. Dick house which is located on the subject parcel. It is my understanding that this structure has lost any significant historic relevance due to the extensive remodeling which has oc- curred. In particular, the windows have been replaced with modern units thus excluding the structure from Historic Register eligibility. The owner intends to reuse the structure if a viable adaptive reuse can be found. There are no plans to destroy this structure. The alignment of the existing wall along Route 11 will conflict with the construction of any additional travel lanes and commercial entrances on the west side of the roadway. It is not the intention of the owner to remove this wall, but it may be unavoidable. To disman- tle and relocate this wall is impractical due to the type of construction. Shade trees beyond those required by the ordinance will be planted along the right of way to further soften visual impacts from the site. A proffer for these trees has been added to the statement. 8. The proposed layout of facilities on TM#33-A-164B complies with the zoning ordi- nance standards. The current GDP shows an additional access aisle that improves circu- lation on the site. 9. An oil/water separator and other water quality practices are required under the current Virginia Department of Environmental Quality Storm Water Permitting Program. 10. Disturbance of Clearbrook Run will be minimized to the extent practicable by working with state and federal regulatory agencies. Permits will be obtained for the installation of stream crossing structures from the Virginia Department of Environmental Quality. Like- wise, permits for the disturbance of wetlands will be obtained as required by the Freder- ick County Zoning Ordinance. The ordinance allows for the crossing of riparian buffers and the disturbance of wetlands for this type of activity provided the appropriate state and federal permits are obtained. Page 2 Job No.: 1004012 Mr. Michael T. Ruddy* • 11. After an inspection and evaluation of the house with a member of the HRAB, it is my understanding that the structure is not worthy of preservation for the National Historic Register due to the extensive renovations which have occurred over time to the house. In particular, the original windows have been replaced with modern windows. 12. The owner recognizes that future improvements to Route 11 will likely eliminate the existing entrances to the Olde Stone Truck Stop. Elimination of these entrances will cause significant disruption of the current retail operations. The financial burden to the owner of obtaining land to realign Hopewell Road and Brucetown Road and to pay for the improvements to the road system as envisioned by the county comprehensive plan is simply too great. Instead, the owner is proposing to dedicate land to VDOT and construct an additional lane to Route 11 in front of the parcel 33-A-164B and to relocate and/or al- ter certain site elements on parcel 33-A-163 to facilitate the future widening of Route 11. 13. The owner recognizes that the multiple entrances are undesirable from a traffic con- trol perspective. However, use of some of these entrances is critical to the retail opera- tion of the facility. Therefore, of the six entrances, two will be completely closed, one will be modified to an "In Only" condition, one will be reduced in width, and two will remain unchanged. 14. Monetary contributions to emergency services and to future transportation improve- ments have been proffered. Transportation 1. The Traffic Impact Analysis concludes that traffic resulting from this project is ade- quately managed by the existing road system. 2. An additional travel aisle has been added to the GDP to improve on -site traffic flow. Proffer Statement 1. The proffer statement will contain those commitments that would not otherwise be re- quired by regulation. 2. Most of the truck traffic coming into the Olde Town Truck Stop comes from Interstate 81 and therefore, the entrance from Hopewell Road is primary and will be maintained to reduce the number of trucks entering the Hopewell Road/Route 11 intersection from I- 81. Trucks will enter the site from Hopewell Road, drive directly to the fueling positions, then exit by the proposed entrance of Route 11. This represents a significant improve- ment to the current conditions where trucks have far less maneuvering and stacking space and where the trucks exit the site onto Route 11 at a location which is much closer to the intersection, and therefore less desirable. The proposed right turn lane on Route 11 into the site is intended to contribute to the increased functionality of Route 11 in re- sponse to the county comprehensive plan for increased traffic on Route 11. Page 3 Job No.: 1004012 Mr. Michael T. Ruddy* 0 Please let me know if you have any additional comments. Along with this letter you will find the following: ✓ A fee check in the amount of $10,500; ✓ Comment response letter to Roderick Williams; ✓ Comment response letter to Candice Perkins; ✓ Rezoning application; ✓ Limited power of attorney; ✓ Impact Analysis Statement; ✓ Proffer Statement; ✓ Transportation Impact Analysis; A J C: L. Kesari , C. L.A. Page 4 Job No.: 1004012 4 COUNTY of FREDERICK • w Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@coJrederick.va.us June 6, 2011 VIA FACSIMILE — (540) 662-5793 — AND REGULAR MAIL John C. Lewis, P.E., C.L.A. Painter -Lewis, P.L.C. 116 North Braddock Street Winchester, Virginia 22601 Re: Rezoning Application, Parcel Numbers 33-A-163 and 33-A-164B, S.K. Associates, Inc. and Kesari Third Generation LLC properties — Proffer Statement dated March 21, 2011 Dear John: You have submitted to Frederick County for review a proposed proffer statement dated March 21, 2011 (the "Proffer Statement") for the proposed rezoning of certain property owned by S.K. Associates, Inc. and/or Kesari Third Generation LLC (collectively, the "Applicants") in the Stonewall Magisterial District. As an initial matter, I note that, given the proposed boundary line adjustment and that the commitments in the Proffer Statement concern both Parcel Number 33-A-163, comprised of 1.62t acres and owned by S.K. Associates, Inc., and Parcel Number 33- A-164B, comprised of 5i acres and owned by Kesari Third Generation LLC (collectively, the "Properties"), the rezoning application form and the Proffer Statement should cover both of the Properties. Along similar lines, the rezoning application form should specifically identify the parcel numbers. The proposed rezoning would rezone such portion of the Properties as is currently zoned in the RA (Rural Areas) District to the B2 (General Business) District, subject to proffers oil 'boil, of the Properties. I have now reviewed the Proffer Statement and it is illy opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: 1. Proffer 3, paragraph 1 — Sentences 2 through 4 do not state obligations on behalf of the Applicants or anything specific to the Properties and, therefore, do not appear appropriate for inclusion in the Proffer Statement. Along similar lines, staff should 0 be aware that the paragraph as a whole makes no actual commitments and, therefore, Lj 107 North Kent Street • Winchester, Virginia 22601 John C. Lewis, P.E., C.L.A. June 6, 2011 Page 2 • whether any of the paragraph should be included in the Proffer Statement is questionable. 2. Proffer 3, paragraph 2 — Staff will need to determine whether the 40,000 square foot building area limit is meaningful, given the overall size, shape, and characteristics of the "outlot" (which appears to be approximately 2 to 3 acres). Also, the second sentence does not state any obligations on behalf of the Applicants and, therefore, does not appear appropriate for inclusion in the Proffer Statement. Proffer 3, paragraph 3 (and accompanying numbered items 1 and 2) — The first sentence does not state any obligations on behalf of the Applicants or anything specific to the Properties and, therefore, does not appear appropriate for inclusion in the Proffer Statement. With respect to the 4,500 square foot fast food restaurant building area limit, again, staff will need to determine whetiler the limit is meaningful, given the overall size, shape, and characteristics of the "outlot". With respect to the restriction against gasoline service stations, the following observations are appropriate: • Given the current existence of gasoline and diesel fueling services on one of the Properties already, staff will need to determine the extent to which a further restriction on gasoline fueling services will be meaningful. If the restriction is not • that meaningful, staff may also want to consider the appropriateness of the C restriction as a restraint on trade, as the restriction would otherwise serve only to protect the current use from competition. • Staff should be aware that the restriction is limited only to gasoline fueling and, therefore, would in no way restrict fueling services offered to diesel -powered vehicles, such as commercial trucks. 4. Proffer 3, paragraph 4 (and accompanying numbered item 1) — Staff will need to determine whether the restriction against adult retail is meaningful, given that such a use is only allowed in the B2 District pursuant to a conditional use permit, which would therefore require an entirely new application and review process before it ever could be approved. 5. Proffer 3, paragraph 5 — The expressly reserved non -limitation on the use of the "outlot" for "uses which enhance the operations of the Glde Stone Truck Stop" is, first, unclear as to what would constitute "uses which enhance the operations" and, second, effectively renders meaningless, as all Impact limitation, the restriction against "gasoline service stations" on tile "outlot". In addition, this again raises potential restraint of trade concerns, as the Proffer Statement essentially states that an additional "gasoline service station" and similar activity on the "outlot" is only acceptable so long as it is conducted for the benefit of the incumbent operation on the • Properties, but Ilot by any conlpetin business Interest. John C. Lewis, P.E., C.L.A. June 6, 2011 Page 3 6. Proffer 4 — The Proffer may need to clarify regarding what constitutes a "fueling position" for purposes of the restriction on the number of "fueling positions". Also, staff should be aware that the Proffer reserves the right to maintain an unlimited number of dispensers for "non -conventional (alternative) fuels". This raises questions regarding the definition of "non -conventional (alternative) fuels", including whether certain existing products, such as "E-85" gasoline, fit within that definition, and regarding the effect that the exception may have on the efficacy of the restriction on the number of "fueling positions", especially as new technologies come to market. 7. Proffer 5 — With respect to the timing of the proffered improvements, the Proffer Statement says the triggering event will be prior to operation of new fueling positions on the Properties "or" occupancy of a new building on the "outlot". The Proffer needs to clarify whether or not the "or" means the earlier of the two events. The Proffer also needs to clarify whether "new fueling positions" means additional fueling positions or replacement fueling positions and, as well, staff will need to consider whether the reuse of any existing building on the "outlot" is possible, so as to cause an impact, without the occupancy of a "new" building. a. Proffer 5A — Staff will need to determine whether the turn lane would in fact, as proffered, be useful. • b. Proffer 5B — The Proffer would be more meaningful if the location of the improvement is proffered. Also, staff should be aware that the Applicants do not proffer any actual limit on the potential number of entrances; therefore, this matter would be left to ordinance and VDOT requirements. c. Proffer 5C — The Proffer is unclear regarding the timing of this item. The introductory paragraph for Proffer 5 discusses "construction" of improvements, yet this item is a dedication only, not a Construction item. Also, the parcel number is incorrect; the reference should be to 33-A-163 and/or 33-A-164B (depending upon the exact placement of the item relative to the current property lines). In line 2 of the introductory paragraph of the Proffer, "of by" should be "of'. S. Proffer 6 — The Proffer should eliminate ambiguous terms. Instead of referring to changes "that are likely necessary", the Proffer should state a specific time frame or triggering event for making the indicated changes in a) and b). Likewise, in a), instead of referring to "potential, additional travel lanes", the Proffer should state a specific number of fueling positions that the Applicants commit to eliminate. 9. Proffer 7 — Based upon where the Generalized Development Plan shows the property boundaries and the curb openings, the curb openings along Route 11 already appear to be wholly within the right of way for the road. Therefore, with respect to items a) • and b), the Applicants might not have any legal right to exercise control over the 0 • John C. Lewis, P.G., C.L.A. June 6, 2011 Page 4 closing of the curb openings. With respect to items a) through d) generally, the Proffer does not state a specific time frame or triggering event for making the indicated changes and therefore is meaningless as currently written. With respect to item d), staff should be aware that the Applicant does not proffer any actual design changes that would effectuate the "in only" designation; the designation apparently would be solely by means of one or more "do not enter" signs. Finally, the second sentence of the introductory paragraph of the Proffer does not state an actual obligation on behalf of the Applicants and, therefore, does not appear appropriate for inclusion in the Proffer Statement 10. Proffer 8 — As with Proffer 5, the Proffer needs to clarify what constitute "new fueling positions" and, as well, with respect to the indicated triggering events, whether or not the "or" means the earlier of the two events. 11. Proffer 9 — The Proffer needs to clarify regarding the meaning of "the occupancy of any structure", in particular with respect to existing structures and any renovations of existing structures. 12. Proffer 10 — Staff will need to determine if signalization is appropriate at the indicated entrance, relative to the intersection of Route I I and Hopewell/Brucetown Roads. Also, the Proffer needs to indicate the precise extent of the Applicants' financial commitment with respect to the signal. C_ I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Plarining Commission. cc: Michael Ruddy, A1CP, Deputy Director of Pianning and Development 1 � • PAINTER-LEWIS, P.L.C. CONSUL 77NG ENGINEERS 116 North Braddock Street Winchester, VA 22601 March 21, 2012 Mr. Roderick B. Williams Office of the County Attorney 107 N. Kent Street, 3`d Floor Winchester, Virginia 22601 tel.: (540)662-5792 fax: (540)662-5793 email: office@painteriewis.com RE: Rezoning Application, Parcel Numbers 33-A-163 and 33-A-164B S.K. Associates, Inc. and Kesari Third Generation LLC properties Proffer Statement Dear Roderick: I have revised the Proffer Statement to address your comments dated June 6, 2011 as follows: 1. The first paragraph of Proffer 3 has been eliminated. 2. The second sentence of paragraph 2 of Proffer 3 has been eliminated. 3. The first sentence of paragraph 3 of Proffer 3 has been eliminated. All references to future gasoline service stations have been eliminated. 4. The restriction on Adult retail remains in the proffers. 5. The reference to the operations of the Olde Stone Truck Stop has been eliminated. 6. A fueling position is made up of one product dispenser mechanism, such as a hose, from a product dispenser. I believe that staff is clear on that. If not, I would defer to staff to further clarify this. The reference to alternative fuels was put in the statement to allow some flexibility on the site to accommodate future market products the nature of which is unknown at this time. 7. The phase "whichever occurs first" has been added to Proffer 5. The phrase "gener- ally as shown on the GDP" has been added to paragraph b. The word "construction" has been replaced by the word "implementation" in paragraph c. 8. Proffer 6 has been reworded to be specific regarding the contents of paragraphs a and b. 9. Proffer 7 has been reworded to be specific regarding the contents of paragraphs a, b, c, and d. 10. The phase "whichever occurs first" has been added to Proffer 8. 11. Proffer 9 has been clarified to refer to the occupation of "new" structures on either property. The existing house is currently vacant, but could be used as a residence again. 12. VDOT has expressed concern over the proffer to execute a signalization agreement for the proposed Route 11 entrance. Therefore, this proffer has reworded such that VDOT will be the impetus behind the installation of the signal. Additional wording has been added to state that the applicant will fully pay for the signal. Page 1 Job No.: 1004012 • Mr. Roderick B. WAS 0 Please let me know if you have any further comments. Sin ly- Joh C. Lewis, P.E., L.L.A. C: L. Kesari M. Ruddy Page 2 Job No.: 1004012 FW: Kesari Rezoning - 4Submittal Review/Final Page I of 2 John Lewis From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew.Smith@vdot.virginia.gov] Sent: Wednesday, December 07, 2011 2:43 PM To: jclewis@painterlewis.com Cc: Smith, Matthew, P.E. Subject: FW: Kesari Rezoning - 2nd Submittal Review/Final Attachments: Kesari MarkUp.pdf John — As requested. Mattliew B. Sinitll, P.E. Area Lard Use Engineer VDOT- Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 0 Fax it (540) 984-5607 From: Funkhouser, Rhonda On Behalf Of Smith, Matthew, P.E. Sent: Wednesday, November 23, 2011 11:50 AM To: John.Bishop Cc: Smith, Matthew, P.E.; Ingram, Lloyd; Short, Terry Subject: Kesari Rezoning - 2nd Submittal Review/FinalWed 11/23/2011 11:50 AM VDOT has completed our review of the subject TIA/Rezoning. We offer the following comments for your consideration: In addition to closing entrance 7a, VDOT recommends the closer of the adjacent entrances to the north and to the south of 7a on Route 11. See attached. «Kesari MarkUp.pdf>> As proposed, the applicant wishes to pursue the installation of a traffic signal approximately 540 feet south of the Route 11/Hopewell Road signalized intersection. We are concerned about the long term operational challenges to Route 11 that this proposed mitigation may create. A formal signal warrant analysis must be prepared and submitted for VDOT review prior to approval. 1-0 Should you have any questions or comments, please feel free to give me a call. Mattliew B. Smith, P.E. Area Land Use Engineer 1 71'71)01 1 1:3TING POND _ -)- • EXISTING DIESEL 1 �:tzt N r t-kr� w 0 A 0 O7`+ ELIMINATE CURB OP NING r r OLDE STONE TRUCK STOPI� 1 m LL. TMI 33—A-163 U ONE: B2 a � fl fifi r-- �-l.,c-- MARTINSBURG PIKE N US ROUTE it 8�0' RIGHT—OF—WAY SPEED LIMIT 45 � ELIMINATE CURB ■ a n m cQD N � � U � /� V♦ L cnN N � h �U.3 N-CO) Uj 13 m Sv�� d 1 s 0 y U -0.O WZ�a� I- (oE ZW Q. C9 � z J W �w Z� Z Z �w U SURVEY: C.I.: NA NA DRAWN BY:JOB NO.: ^ jOrPENING SCALE: DATE: 'A)Ar--1"=60.0' 3/21/11 E CURB NAME: WIDTH GDP • 0 0 PAINTER-LEWIS, P.L.C. CONSUL 77NG ENGINEERS tel.: (540)662-5792 116 North Braddock Street fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com March 21, 2012 Ms. Candice Perkins, AICP Office of the County Attorney 107 N. Kent Street, 3rd Floor Winchester, Virginia 22601 RE: Rezoning Application, Parcel Numbers 33-A-163 and 33-A-164B S.K. Associates, Inc. and Kesari Third Generation LLC properties HRAB Comments Dear Candice: In response to comments from the HRAB contained in a letter dated June 3, 2011, 1 would like to address the conditional recommendation. As you will recall, you and I vis- ited the O.L. Dick house with HRAB member Maral Kalbian after the HRAB meeting of May 17, 2011. It is my understanding from Ms. Kalbian that the O. L. Dick house has un- dergone renovations such that it would not qualify for inclusion in the Historic Register. Therefore, preserving the house for its historic character is not practical. That doesn't necessarily eliminate the good sense of reusing the structure in some way, but the owner is reluctant to provide a permanent preservation proffer and would prefer not to do so. Since the ultimate fate of the house is in question and since the house will not qualify for inclusion on the historic register, providing screening of the pumps on the Olde Stone Truck Stop is not critical. The fact of the matter is that there will be almost 300 feet be- tween the house and the new pumps. About 70 feet of that distance will be the green space contained in the riparian buffer. Likewise, the owner would prefer not to conduct an architectural/historic survey on the house. The house will be reused if an appropriate use can be determined for it, but this will be determined by market forces. Currently, the owner is contemplating a continuance of the use of the house as a residence. Thank you for your input and review of this project. Si rely: J o h C. Lewis, P.E., L.L.A. C: L. Kesari M. Ruddy Page 1 Job No.: 1004012 10 PAINTER-LEWIS, P.L.C. I :; , ',i%1H 2 8 2012 CONSULTING ENGINEERS i_ tel. 116 North Braddock Street .F 17,L)0,1;K CUUWY fax Winchester, VA 22601 �.._. '" em March 21, 2012 Ms. Candice Perkins, AICP Office of the County Attorney 107 N. Kent Street, 3d Floor Winchester, Virginia 22601 (540)662-5792 (540)662-5793 il: office@painterlewis.com RE: Rezoning Application, Parcel Numbers 33-A-163 and 33-A-16413 S.K. Associates, Inc. and Kesari Third Generation LLC properties HRAB Comments Dear Candice: In response to comments from the HRAB contained in a letter dated June 3, 2011, 1 would like to address the conditional recommendation. As you will recall, you and I vis- ited the O.L. Dick house with HRAB member Maral Kalbian after the HRAB meeting of May 17, 2011. It is my understanding from Ms. Kalbian that the O. L. Dick house has un- dergone renovations such that it would not qualify for inclusion in the Historic Register. Therefore, preserving the house for its historic character is not practical. That doesn't necessarily eliminate the good sense of reusing the structure in some way, but the owner is reluctant to provide a permanent preservation proffer and would prefer not to do so. Since the ultimate fate of the house is in question and since the house will not qualify for inclusion on the historic register, providing screening of the pumps on the Olde Stone Truck Stop is not critical. The fact of the matter is that there will be almost 300 feet be- tween the house and the new pumps. About 70 feet of that distance will be the green space contained in the riparian buffer. Likewise, the owner would prefer not to conduct an architectural/historic survey on the house. The house will be reused if an appropriate use can be determined for it, but this will be determined by market forces. Currently, the owner is contemplating a continuance of the use of the house as a residence. Thank you for your input and review of this project. Si rely: Joh C. Lewis, P.E., L.L.A. C: L. Kesari M. Ruddy Page 1 Job No.: 1004012 From:fred co fire 0 To:96625793 is /05/2011 11:56 #525 P.001/002 11 T , # edQ¢'ic{f.CoC4it>y F 'tnd E &i-6ue; . 4 0 •`c Q�' J `rW E: Office Of the f i•r; !r€Gtl-sha I w.i f��af1 i GViCV1l u11 -I {.i0rC l'nEPI E VXRGI3riA Control number Dale received :)at(! reviewed Date Revs ed RZ11-0001 11/18/2010 16/2011 Project Name Appllcont Kesari Third gen. LLC. Laxmi r:esa I C/o Palnl=r-Lewis P.L.0 Address City $fa?f i:ip Applica • I Phone 817 Cedar Creek Grade #210 Winchester VA 22601 540-66.: 5792 Type Application Tax ID Number Fire Distr,:t Rescue District Rezoning 33-A-164E 13 13 Current Zoning Election Distrii� RA Recommendations Stonewall Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System Yes Yes No Other recommendation Emergency Vehicle Access Hydrant Location Flry Lane Required No Siamese Location Roadway/Aisleway Width Special Hazards Nc Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Reviewed By Sigratur'. Yes S. Mark Showers Tifl•r From:fred co fire 0 To:96625793 0 / 05/2011 11:57 #525 P.002/002 0 0' 0- Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal Attn: Fire Marshal 1080 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 IMP 140V 1 8 2010 Hand deliver t Frede.rlcR Coun Attn: Fiw Mars 1080 Coverstone a)r Publi,. Safety Building WiDOICS(er, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach ii copy of your application form, location map, proffer statement, impact analysis, and jiny other pertinent information Applicant's Name: Lz�ctMi V-e�22--r t Celephorjc: . 19 1160tl-" Mailing Address: Glo ��v�t�� - t e� u �� , l�. l . c� . +,d. r Ww'- -t.ac e,r Location of property: w,-�-v"C ode Dt Current zoning: Zoning requested:::Z_ _ Acreage: j Marshal's Comments: Fire Marshal's Signature & Date:_-=%?r�l -- .--- — Notice to Fire Marshal - Please Return This Forrn to the Applicant 20 F-1 L 0 W-Jolifi Lewis, P. E. Painter-Le.wis, P.:L.C- 8 1.7 Qedar C+k,eck. Cjradp;,#2-I 0 Winchester,Vji.-ginia.'2260--1- RE P Cop6Yd K i&-f6ii I 49'.AijOl 1-cb ti oil I F`rederick.Coiiiity;:virginia FRE qc�,O DERW 'DeO.irtrneifof Public Works 5401.66915643 TAX: 540/678,0682 NO'yeniber'0i 201 Dear John: - We have completed -our revieiv,of thc,rbzbni ioii,foi. the Kesari properties on RdU66 11 N6fiii 6hd offer Ow 7-- Refer Ab Site,Sulip-bilitY, OqY&Pnient:Overvieg.: TIwIst'kepicn.t is:rn.ade that -the "Jand'is qtiite.-flai..and.'_tliciQvei-alI elevation; of the land is no6substantially higher• than-the+normal'Nvater surface ele�,atioii-of'Clearbrocil<�Riin." In fact, the water level in . the . upperm -each 6s-.6f; Cle arl5fdW'Mi, i I 4ctua jly,high6r-than-the adjaderit la . I. . a� t d: ' "- - drid areas, thdj-'W�i, icF66tihgW�tIand . r6',is.defin 'i if 5s IN I 6h the -wetlands addition, tlie!cfeat'i6ii'.oftrav6rtiji'c."foi,iiiati.bhs,(,f..'Iiglit-'ccilb.re(l, porous d*by-prqCipijaf on Ol'tbC.;!Ca]Ci.Lllii-c�bonatcfi-om solution in the calcite cite dep6site . -i .. ,•.a — . . A . . Surface, waters) tils-raise.0 the, stream bed causing- these...-iiicreases in water -surface . elevations:. + + t . is entirely possib]6'that the kftihl ffr6ath 61fdfihel.has bech rbldcated :w;,"tlii7h,t*li6,pfdf�'ett'y-'t-0- cre . ate' t . lie 6xisthig,"pcina. 'Refer,to Site , I'S uitabi I ity, D'evel opmen't'OvervicN� W6!66h6ur4ith yourco . 116lu . sib - fiitha t iIinbft-f?6fii Iiliblild.,be,dii,erted thi-60*91i,an.bil/water f6i,-qtiaiityji atni nt, w6x6comwend t haijHisjrca6nentbe i n9'PMRer;serardtor, to -insurc%tha`11 rUOff-?feoi-n all' the : :0J.. fueling:areas be trcated,,prior to. enteri'lig, tile existing streanl. I '' 'i Ii- 'i ated.thatfif! Refer to Site SL'it,ibi it�.;J56vcloprn,6ht ov&�d6w:- It is ; nticip,� ,ei tensi Will'.bexcquired to., 60.1i sfr.Uci'jl*,. connector road between tlie;nortli..andaoufh parcels creat'cd'bv Clearbrook Run. I * t*.-is,pqs�siblc that. the cons"fructi ont of Ill etqndcrd.rainagp andxoad'%Ol eliminate the wetland area d!esigqatpd1W I'as' I PC6,N6 I E*N..*I'§\ICPS,\Rfl'*IZO1'17R-riGSIZ E"WVN 1�:(ibc 0. I C- e s,,fr V Prop.e.rtles Rezoning Application Page•2 -T'u'esdayi Nqyenibei- 30,.201'0 4. Refer-to,:DFdiffa:96: 'vV6,fcconim6fid fifauthe h6W stbr'ffiw'aitc-f management system b�d designed tb.!fteat §t6finWatef,-,'frbn thd existiiig:'an-d fiew areas - for qiiaritity and 'quality. . I can be rcachcd,at-722=82-14 if you have any questions regarding the above comments, HES/rIs cc: Plarping and developMcnt Pile tARh6u dakTD r i,cdi) v% j R IfIR 01'r 101 ESR I-.ZCONIS.doc .Silhor'bly. llaiveyi.8trNV asnyder, Jr., P.E. r)I;f6ctb1-0d'f"P.LI6liC WOJ-kS 0 Rezoning Comments Frederid(County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Taskcr Road Stephens City, Virginia Please fill out the information as accurately as possible in order to assist the Sanitation Authority With then' rcvim. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:vu,\ Telephone: Mailing Address: o �c�h-t � �waL, t_G. ��ovfC- vC. VA Location of property: Current zoning: - Zoning requested: `j� Acreage: Sanitation Authority Comments: Sanitation Authority Signature & Datc: Notice to Sanitation E�titllority - Please Return This Form to the Applicant 23 � I A Fi-edei-ick-Winchester Health Department ,win, I»� Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Wincliester, Virginia 22601 (540) 722-3480 Hand deliver to: Frecerick-Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Health Department Nvith their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: ��Cvt� 1 ��` t Telephone: —�p 3—`�0� d13Ca Mailing Address: 61, �VA- l,y lv.G1�•�s�r �!!�` ZZI�r� 1 Location of property: Current zoning: 1(Z A Zoning requested: Acreage: Fredericic-Winell ester Health Department's Coinrneilts: I —�_y'L�� 4YS �l S n ��. F� —� �t ,•v�Z,} c FFLL?i'_,'IV n I1! 1_C']ti pe,,ol /7 % -y Le. i Ip _. Health Dept. Signature & Date: Notice to Health Department - Please Return This Form to the Applicant 24 0- 1 RezoningComments he/ Frederick County Department of Parks & Recreation ` {4,G1,17 Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: 1734 Frederic]( Count)? Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent infornint 'oil. Applicant's Name: I�Y-w^' t t Telephone: -to' - t4 0 (o- O"( 3(� Mailing Address: lr o Lt.5 X.L.G. 2 Location of property: lR)�ST 5�2\r �-V�k` , �d� \t2.yS Gv0 D� u)'O'« v-c,,Oj Current zoning: V— Zoning requested: Acreage: Department of Parks & Recreation Comments: 7 Pks. & Rec. Signature & Date: Notice to Department of PH"Ics & Recreation - Please Return "Phis Form to the Applicant 21 • • COUNTY of FREDRRICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 June 3, 2011 Mr. John Lewis Painter -Lewis, P.L.0 116 North Braddock Street Winchester, Virginia 22601 RE: Application Requesting a Rezoning of 5 Acres from RA to B2 (Business General) for Kesari Third Generation, LLC Property Identification Number (PIN): 33-A-164B Current Zoning District: RA (Rural Area) Dear Mr. Lewis: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on May 17, 2011. The HRAB reviewed ( information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by Painter -Lewis, P.L.0 This applications seeks to rezone five acres of land from the RA (Rural Areas) District to the B2 (Business General) District. The property is located on the west side of Route 11 near its intersection with Hopewell Road. The proposed use of the property is commercial uses, including enhancement of the Olde Stone Truck Stop. Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the subject property or the surrounding area as being part of a battlefield. The Rural Landmarks Survey Report for Frederick County, Virginia, identifies three historic structures located within the vicinity of the proposed rezoning, one of which is located on site. All of these properties are listed as potentially significant. The sites that are listed in the survey are: • Dick, L.O. House (#34-936) — Located on site • Clearbrook Feed & Supply (#34-935) • Clearbrook Presbyterian Church (#34-708) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. John Lewis Re: Rezoning of 5 Acres from RA to B2 Kesari Third Generation, LLC June 3, 2011 Page 2 After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended approval of the Kesari Third Generation, LLC Rezoning Application with the following conditions: • The L.O. Dick House should be preserved for adaptive reuse. A preservation proffer should be included in the proffer statement to ensure that the dwelling and associated outbuildings will not be demolished (including demolishment by neglect). • The proffer statement should include a proffer to screen the pumps on the Olde Stone Truck Stop from the L.O. Dick House. • A new architectural/historic survey should be completed on the structure to fully understand its significance. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP/bad cc: Rhoda Kriz, HRAB Chair • 0 • • Is IMPACT ANALYSIS STATEMENT for Kesari Third Generation, LLC S. K. Associates, Inc. Parcel TM# 33-A-16413 and 33-A-163 Route 11 at Hopewell Road Stonewall Magisterial District Frederick County, Virginia March 15, 2012 Prepared for: Mr. Laxmi Kesari 11499 White Oak Court Herndon, Virginia 20170 Prepared by: PAINTER-LEWIS, P.L.C. 116 North Braddock Street Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1004012 IMPACT ANALYSI•STATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section •.•M i. INTRODUCTION 2 A. SITE SUITABILITY 3 DEVELOPMENT OVERVIEW 3 COORDINATION WITH FREDERICK COUNTY LONG RANGE PLANS 5 SITE ALTERATIONS 8 100 YEAR FLOOD PLAIN 10 STEEP SLOPES 10 MATURE WOODLANDS 10 WETLANDS 11 SOILS 12 B. SURROUNDING PROPERTIES 12 C. TRAFFIC 13 D. SEWAGE CONVEYANCE AND TREATMENT 15 E. WATER SUPPLY 16 F. DRAINAGE 16 G. SOLID WASTE DISPOSAL FACILITIES 16 H. COMMUNITY FACILITIES 16 DEVELOPMENT IMPACT MODEL 16 EMERGENCY SERVICES 17 PARKS AND RECREATION 17 I. HISTORIC SITES AND STRUCTURES 18 J. CIVIL WAR BATTLEFIELDS 19 le IMPACT ANALYSI•TATEMENT Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 • i.INTRODUCTION Kesari Third Generation, LLC (the applicant) proposes to rezone 5.0 acres of land contained in a single parcel located on the west side of Route 11 near its intersection with Hopewell Road in Frederick County, VA. Please refer to the drawing below. The parcel (the site) is currently zoned RA (Rural Areas District) and is identified by Tax Identification Number 33-A-16413. The applicant is requesting to rezone the property from RA, Rural Areas District, to B2, Business General District. The intended purpose of the rezoning is to enable the applicant to develop the site for commercial purposes including enhancement of the operations of the Olde Stone Truck Stop that is currently on Parcel TM#33-A-163. Therefore, TM#33-A-163 will be incorporated into this rezoning application. / /I / 331 POTOLM ED SON / II Zoned FA �U- U131y/ Z FJOOFF ROAD u.c ocurrt�rcul !b^ 53-A-16L /QE:M�UR-00K PRESOYTERWI CINftCH �P Uic Row 33-A-1 IES F611 P(7CF'd133 LLC 33-PFJL E / Z C— 03 CLFMQTO Z PFAL 2 LLC / Use: Casrnertal Zmed: Ei2 / U�c Conrnudal ASSOMTE , / / s K. ZI—,-.. 01C. 33-A-16{H U"a Cemm:rc(ol LLKxI CLDE STONE TNUCK SLOP I I 33K A�-102 lH:: Ccrtttian'ol 2G10d: 02 \ EV Uu: Cortvnrclol Z 13-A-IbU ..... ...... ... .... LE SNITm NC. Zoned RJ ...,...... .. .... ..... Ur: Cortrner6c1 33-A-1E10 .. / •,',',KESAfO TWO GEIERATICN LLC,','.',','.'.'.'.'.'.' ^ , Z—d. PA 33-A-1620 T Uec R.W.U.1 S(ly FREDERICK COUNTY Zoned PA Ur.: Cloakrock Pork 33-A-161E / FUClG7iO50N Zmed RA _ `Uac VacanF 1-0 IMPACT ANALYATATEMENT 0 Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 The applicant is aware of the interest that Frederick County has regarding transportation • issues in the immediate area of the parcel. Mr. Kesari owns the two parcels located at the southwest corner of the intersection of Hopewell Road and Route 11. Consequently, he is in a unique position to facilitate improvements that may be envisioned in the county long range transportation plans. It is the intention of Mr. Kesari, to maintain a viable commercial enterprise at this location which in turn will provide employment opportunities for county residents and which can contribute to community service organizations, while concurrently, developing the property to conform to long range planning criteria. This rezoning application will show how the subject five acres can be developed in conjunction with the existing Olde Stone Truck Stop to: 1) Rearrange the existing truck stop facilities to facilitate a future widening of Route 11; 2) Improve traffic circulation on Hopewell Road and Route 11; 3) Enhance the operations of the existing truck stop; 4) Preserve on -site environmental features; 5) Increase sales and property tax revenue to Frederick County; 6) Enhance employment opportunities in the Clearbrook area. A. SITE SUITABILITY DEVELOPMENT OVERVIEW to The interchange of Exit 321 of Interstate 81 is located about 800 feet west of the site. Potential commercial traffic can exit 1-81 and travel the short distance east on Hopewell Road to access the Olde Stone Truck Stop through an existing entrance. The applicant is planning to combine these two parcels in order to enhance access and circulation in and around the Route 11/Hopewell Road intersection. A rezoning from RA to 132 will permit the site to be used to enhance the operations of the Olde Stone Truck Stop as well as provide the opportunity to increase commercial activities in the Clearbrook area. The description of B2 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public, and should have direct access to major thoroughfares. There are currently no residential uses on the parcels fronting on this intersection. Three of the parcels are currently zoned B2. A fourth parcel is Zoned RA, and is used for religious purposes. The Frederick County Northeast Land Use Plan designates the subject Parcel TM#33-A-164B as "Business". The parcel is within the Sewer and Water Service Area. The parcel lies across Route 11 from Clearbrook Park. It is the intention of the property owner to execute a boundary line adjustment between the subject parcel and the adjacent parcel which contains the Olde Stone Truck Stop. Approximately half of the five acres of the subject parcel will be joined to the truck stop parcel. This land will be used to improve the circulation and service capacity of the truck stop. Improvements to the truck stop will generally include the installation of new fueling �• positions, vehicle parking areas, and improved access to Route 11. Earth fill will be 3 IMPACT ANALYSIS STATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • added to the site in order to provide a suitable construction area for proposed improvements. The land is quite flat and the overall elevation of the land is not substantially higher than the normal water surface elevation of Clearbrook Run. Generally, the site will be raised by importing fill material and graded as necessary to provide opportunities to convey storm water runoff to water quantity and quality control devices before it enters Clearbrook Run. Runoff from the fueling area will be conveyed to an oil/water separator for quality treatment. Other water quality Best Management Practices will be implemented as required by the Virginia Department of Environmental Quality Storm Water permitting program. Clearbrook Run is a spring -fed stream that crosses the parcel, flows beneath Route 11, and flows into a pond in Clearbrook Park. Site construction will purposely limit disturbance of existing wetlands areas and the area adjacent to Clearbrook Run. In order to provide a suitably located point of access to and from Route 11, Clearbrook Run will be crossed by travel aisles. Crossings will be accomplished by the installation of bottomless culverts which will span the stream and create minimal disturbance of Clearbrook Run. Disturbance of Clearbrook Run will be minimized to the extent practicable by working with state and federal regulatory agencies. Permits will be obtained for the installation of stream crossing structures from the Virginia Department • of Environmental Quality. Likewise, permits for the disturbance of wetlands will be obtained as required by the Frederick County Zoning Ordinance. The ordinance allows 4 IMPACT ANALYSIIPSTATEMENT 0 Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • for the crossing of riparian buffers and the disturbance of wetlands for this type of activity provided the appropriate state and federal permits are obtained. No specific use is proposed for that portion of the parcel which remains after the proposed boundary line adjustment is complete. This remaining portion will contain approximately 2.5 acres. Access to the parcel will be from a point of access shared with the adjacent parcel. This portion of the land is well suited to the development of commercial buildings. The overall elevation here lies well above the normal water surface elevation of Clearbrook Run. The land is not subject to periodic inundation. Development of the site will include the installation of the storm water quantity and quality control devices. COORDINATION WITH FREDERICK COUNTY LONG RANGE PLANS The North East Land Use Plan (NELUP) adopted on September 22, 2010 identifies the site for future commercial uses. A zoning designation of B2 will be in conformance with the NELUP. A portion of TM#33-A-164B will be joined with TM#33-A-163 to improve the operations of the Olde Stone Truck Stop. This proposal is critical to the future widening of and other improvements to Route 11. By joining the two parcels and planning their development together, certain changes can be made to the Truck Stop facilities which will facilitate future improvements to Route 11. The Frederick County Eastern Road Plan adopted on November 8, 2006, identifies Route 11 at the site as an "Improved Minor Arterial" Road. Route 11 is currently a three lane rural road with two through lanes and a center turn lane contained within an 80' right of way. The Eastern Road Plan identifies Hopewell Road as an "Minor Collector" Road. Hopewell Road is currently a two lane, rural road contained within a 30' prescriptive easement at the site. During the late summer of 2010, traffic signals were installed at the intersection of Route 11, Hopewell Road, and Brucetown Road. There are currently no engineering plans or time frames for the transformation of Route 11 and Hopewell Road from rural roads to the planned urban sections called for in the Road Plan. Transportation improvements which require the expansion of the right of way width to accommodate additional travel lanes will have to consider the impact on the existing building which contains the Olde Stone Truck Stop retail facilities which are located near the current right of way boundary. Please see the following illustration. Dedication of additional land from TM#33-A-163 for right of way along Route 11 is not practical due to the closeness of the building to the roadway. The Olde Stone Truck Stop currently has six separate entrances defined by curb cuts located in the right of way of Route 11 and the easement area of Hopewell Road. The owner understands that these entrances will likely be eliminated or significantly reconfigured at the time that these roads are widened and/or realigned. It is the intention of the owner to take steps to prepare for the eventual road widening while maintaining current business operations. The owner will relocate the gasoline fueling locations to a location on the site that will not conflict with any future widening plans for Route 11. Of the four entrances on Route 11, the owner will close one and reduce the width of another. Of the two entrances on Hopewell Road, 5 IMPACT ANALYSOSTATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • the owner will add signs to encourage one way traffic into the site from one entrance and close the second entrance. In their comments, VDOT recommended closure of two additional entrances, however, this would create maneuvering problems in front of the retail building where the majority of customers typically park. The owner would prefer to maintain the majority of the entrances which are critical to the retail operations of the Olde Town Truck Stop. The proposed entrance alterations will eliminate some vehicle conflicts and more clearly define access to the site. Please refer to the GDP and proffer statement. .1 0 IMPACT ANALYSIS STATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 � I � i T ri Li TM{33—A-115A lTd/33—A-1158 POTOMAC EDISON 1 / W. ORNDOFF, LLC j COMMERCIAL `� 1 I TM#33—A— 56 14 FBRCHURCH Lm' / ._—• _ _ �.,_. REUGIOU$ J L_ HOPEWELL ROAD ROUTE 672 30' PRESCRIPTIVE ESMf I _'� TMJ33—A—I6z I _ LkR KESARI COMMERCIAL. I L-pro j i 71 f TM#33—A-1629 COUNTY OF FREDERICK TM 33—A-1649 } i 1 r CLFARBROOK PARK K[ASARI THIRD GENERATION J RESIDENTIAL 1 � � IMPACT ANALYSISSTATEMENT Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 • SITEALTERATIONS It is the desire of the applicant to maintain and enhance the current operations of the truck stop while making provisions for the eventual transformation of Route 11 to a Minor Arterial Road. The applicant has identified seven conditions associated with the property containing the Olde Stone Truck Stop which may impede future improvements to Route 11 and to Hopewell Road. 1) The fueling area canopy is located within 12 feet of the Route 11 right of way while the Zoning Ordinance requires a 20 foot setback; 2) The gasoline fueling positions are located within 20 feet of the right of way. This condition severely restricts the vehicle maneuvering area between the pumps and the right of way; 3) The diesel fueling positions are arranged such that trucks are directed to exit into the Route 11 right of way at a location which may interfere with the functioning of the intersection of Hopewell Road and Route 11; 4) The store is located within 25 feet of the right of way while the Zoning Ordinance requires a 35 foot setback. Customer parking for the store is located between the building and the right of way. The parking is within 5 feet of the right of way while the Zoning Ordinance requires a 5 foot parking setback; 5) There are 2 closely spaced entrances into the site from Hopewell Road; 6) There are 4 closely spaced entrances into the site from Route 11. 7) The curb cuts and associated entrances to the store and fueling positions are located in the Route 11 right of way and the Hopewell Road prescriptive easement. These conditions will have an impact on any future plans that Frederick County may have to add travel lanes to Route 11 and/or Hopewell Road. It is the intention of the applicant to continue to enhance the current operations of the truck stop while anticipating the future configuration of Route 11, Hopewell Road, and Brucetown Road. To that end, each condition listed above is addressed with a solution and is described below. Condition (1): The location of the right of way line is so close to the existing facilities that dedication of additional land to VDOT for expansion of the right of way in front of the store is not practical. The canopy will remain in its current location and the setback violation will be 99grandfathered" with respect to the Zoning Ordinance. However, the fueling positions beneath the canopy and closest to Route 11 will be eliminated. See (2) below. Condition (2): These gasoline pumps will be removed and relocated an adequate distance from the right of way. Please refer to the GDP and the Proffer Statement. Condition (3): Most truck traffic enters the truck stop from Hopewell Road, obtains fuel, and exits the (10 truck stop into the Route 11 right of way. Most if this exiting traffic crosses the south E IMPACT ANALYSPSTATEMENT 0 Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • bound lane of Route 11 and proceeds north and returns to 1-81 via Hopewell Road. Once Route 11 is transformed to a Minor Arterial Road, trucks would have a more difficult time exiting at this location due to the addition of travel lanes in the south bound direction. These pumps will be removed and relocated such that trucks entering from Hopewell Road will obtain fuel and then proceed to a new exit located further south on TM#33-A-164B. This new exit will provide adequate on -site stacking area and more control over truck traffic returning to 1-81. Please refer to the GDP and the Proffer Statement. Condition (4): The location of the right of way line is so close to the existing facilities that dedication of additional land in front of the store to VDOT for expansion of the right of way is not practical. The building will remain in its current location with the setback violation "grandfathered" with respect to the Zoning Ordinance. Access to the parking spaces in front of the store is functional as long as the existing entrance curb openings are located within the Route 11 right of way. The applicant assurnes that these openings will be eliminated at the time of the transformation of Route 11 to a Minor Arterial Road. At that time, new curb line will be constructed on or close to the right of way line. The result will be the elimination of the parking spaces in front of the store. The applicant will relocate the existing gasoline fueling positions in such a way as to allow the construction of new parking along the south and west sides of the building. Relocation of the parking in front'of the building will not occur until the • ultimate location of Hopewell Road is determined and the final geornetry of Route 11 is designed. Condition (5): The plans for the configuration of entrances from Hopewell Road will not be finalized until the ultimate location of Hopewell Road is determined. Under current plans, the applicant will close one entrance completely. The other entrance will become restricted to "IN ONLY". Most of the truck traffic utilizing the Olde Stone Truck Stop enters from Hopewell Road after exiting from 1-81. Truck traffic will be directed through the site and to Route 11 via the new entrance proposed to be constructed on TM#33-A-164B. Typically, a center raised median would be constructed opposite an "IN ONLY" entrance in order to insure that the entrance is not used as an exit. However, there is insufficient width in the Hopewell Road prescriptive easement to permit the construction of such a median. Please refer to the GDP and the Proffer Statement. Condition (6): Until plans are finalized for the transformation of Route 11 to a Minor Arterial Road, the applicant will seek to preserve the Route 11 curb cuts/entrances to the site as necessary to maintain the retail operations of the store. The applicant recognizes that these entrances do not conform to driveway spacing standards as required in the Zoning Ordinance. It is also recognized that these entrances do not meet certain access standards and regulations contained in VDOT criteria. However, these entrances have �• been in place many years and are critical to the financial success and operation of the 9 IMPACT ANALYSPSTATEMENT 0 4• Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 Olde Stone Truck Stop. Until Route 11 is expanded, the applicant desires to have these entrances remain functional. Customers appreciate the convenience of direct access to the store from Route 11 and the parking that is directly in front of the store. A potential customer will evaluate parking options while moving along Route 11. The appearance of available parking encourages customers to use the store. The applicant understands that if Route 11 is transformed to a Minor Arterial Road, most of these entrances will be eliminated. The timing for the expansion of Route 11 is unknown as is the ultimate width. In addition, the ultimate alignment of Hopewell Road is unknown. The resolution of these "unknowns" will have a significant affect on access to the Olde Stone Truck Stop. In the meantime, the applicant will close one entrance, reduce the width of a second entrance and maintain parking in front of the building. Please refer to the GDP and the Proffer Statement. Condition (7): The existing entrance curb openings along the eastern property boundary are located within the Route 11 right of way and their current location provides adequate vehicle maneuvering area in front of the gasoline fueling positions. These openings will be maintained until such time as Route 11 is transformed to a Minor Arterial Road. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 51069CO150D shows the subject area to be outside of any flood hazard zone. STEEP SLOPES According to the soil survey information there are no steep slopes located on this site. MATURE WOODLANDS There are sparse wooded areas located on this site. 10 IMPACT ANALYSIS STATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 WETLANDS Approximately 23,622 square feet of wetlands have been delineated on this site. On October 29, 2010, the Northern Virginia Regulatory Section of the US Army Corps of Engineers issued an approved jurisdictional determination for the wetlands areas. The requisite permits will have to be obtained to allow disturbance of jurisdictional wetlands. It is the intention of the owner to preserve the majority of the wetlands by the establishment of a riparian buffer along the entire length of Clearbrook Run and the preservation of the existing pond. OPT / Jw1 PALUSTRINE EMERGENT \ � 9,330 SF �^ PALUSTRINE AQUATIC BED 7,330 SF ✓- JW3 PALUSTRINE EMERGENTSTREAM r \G� 6,830 SF CHANNEL 11 • IMPACT ANALYSIIPSTATEMENT Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: • Massanetta loam, 29: This soil is very deep, nearly level, and moderately well drained. It is found on the flood plain of spring -fed streams flowing from limestone. Surface runoff is slow (HSG=B) and the erosion hazard is slight. Permeability is moderate. • Oaklet silt loam, 32B, 2% to 7% slopes: This soil is very deep, gently sloping, and well drained. Permeability is slow. Surface water runoff is medium. The erosion hazard is moderate. The soil survey identifies both of these soils as prime farmland. Several conditions are attributable to this parcel which would mitigate its value as prime farmland: o The parcel size of 5 acres is small for development as farmland; o Approximately 1 acre of the parcel is permanently inundated by surface water; o The parcel is bordered on three sides by urban development including a railroad, a major collector road, and the Olde Stone Truck Stop. These soils are typically not well -suited to the construction of large buildings due to the typical high moisture content. The moisture content is generally attributable to the position of the soils in the landscape, that is, the soils lie in a low area which is subject to periodic inundation. Any construction on this site will require attention to drainage details, particularly on the north side. The site will be regraded such that positive drainage is achieved through and away from new facilities. Drainage will be directed toward water quality enhancement devices prior to entering Clearbrook Run. These soils typically have a depth exceeding 60 inches and consist mainly of silt loams and clay loams. The erosion factor "K" is around 0.37. The "K" factor is an indication of the erodibility of a soil based on its texture. Coarse textured or sandy soils have lower K factors because they are permeable and thus produce less runoff. Fine textured soils like clays and silts have higher K factors because they produce more runoff. A value of 0.37 indicates a fairly high erodibility. High erodibility soils have a K factor of >0.40. It is noted that there is a fairly thick layer of silt in the stream channel of Clearbrook Run at the site. This indicates that the soils the contributing watershed may be erodable. B. SURROUNDING PROPERTIES The parcel to be rezoned is bordered to the north by Parcel TM#33-A-163 which is the site of the Olde Stone Truck Stop. The parcel to the west is the right of way of the Winchester & Western Railroad. On the west side of the railroad right of way there are C� properties in the B2 or B3 zone. These properties are used for commercial purposes. The parcel to the south is zoned RA and is vacant. Along the eastern boundary is the 12 IMPACT ANALYSIIPSTATEMENT • Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 Route 11 right of way. The parcels directly across Route 11 are zoned RA and B2 and include Clearbrook Park and the site of the former Clearbrook Woolen Mill. The following table lists all adjacent owners and parcel numbers. Please refer to page 2 for a ►-nap of the properties. Tax Map No. Owner/Address Ex. Zoning Ex. Use 33-A-164E K. D. & J. F. Richardson/3333 Martinsburg Pike RA Vacant 33-A-162B Frederick Count /3418 Martinsburg Pike RA Recreation 33-A-162 L. & R. Kesari/3416 Martinsburg Pike B2 Commercial 33A-163 S. K. Associates, Inc. B2 Commercial 33-A-158 Clearbrook Presbyterian Church/1142 Brucetown Road RA Church 33-A-115A William Orndoff, LLC/3441 Martinsburg Pike B2 Commercial 33-A-115B Potomac Edison/1091 Hopewell Road RA Utility 33-A-164F Clearbrook Real Estate, LLC/125 Hopewell Lane B2B3 Commercial 33-A-164G Fish Properties, LLC/117 Hopewell Lane B3 Commercial 33-A-164H C. D. & D. S. Lucci/117 Hopewell Lane B3 Commercial 33-A-1641 Mobile Shelters, Inc./PO Box 1001, Dumfries, VA 22026 B3 Commercial IMPACTS TO CLEARBROOK PARK The distance between the subject parcel and the park is at least 90 feet, or the width of the Route 11 right of way. The park contains mature vegetation along Route 11 that provides screening. Section 165-202 of the county zoning ordinance requires perimeter landscaping consisting of shade trees and headlight screening. This requirement will apply to this project. Additional shade tree planting is proposed along the Route 11 right of way to soften the visual impact of the truck fueling area. Please refer to the Proffer Statement. The riparian buffer regulations contained in Section 165-201 require preservation of the stream buffer. This regulation will result in about 70 feet of green space in the parcel which will further soften the visual impacts of the project. Section 165-201 provides protection from light glare to the park by setting standards for light fixtures and performance. Site lighting will be constructed such that off site glare does not occur. C. TRAFFIC The subject property is located on Route 11 approximately 300 feet south of the intersection of Route 11 and Hopewell Road. According to the Frederick County Eastern Road Plan, Hopewell Road is designated as an "Improved Major Collector Road" consisting of a four lane, divided, urban section. Currently, Hopewell Road is a two lane rural section contained within a 30 foot prescriptive easement. Route 11 is considered a `Minor Arterial Road". Route 11 is designated as an "Improved Minor Arterial Road" consisting of a six lane, divided, urban section. At the location of the site, Route 11 is currently a three lane rural section including a center turn lane contained within an 80 right of way. 13 10 IMPACT ANALYSI�TATEMENT 0 Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 A Traffic Impact Analysis has been prepared for the rezoning application by Stowe Engineering, PLC. The TIA will be based on specific, projected uses on Parcel TM#33- A-164B and Parcel TM#33-A-163. A portion of the parcel to be rezoned, Parcel TM#33- A-16413, will be combined with the parcel that contains the Olde Stone Truck Stop. Trips generated by the Truck Stop will be based on real trip counts and the application of those counts to the number of fueling stations proposed under the rezoning proffers. Typically, trip values would be estimated using ITE Trip Generation numbers for "Gasoline Service Stations". However, since the Olde Stone Truck Stop has been in operation for a number of years, it is appropriate to generate and use actual field trip counts. Proffers will limit the amount of development that can occur on that portion of Parcel TM#33-A-164B which will not be combined with Parcel TM#33-A-163. Review agencies typically request that in the absence of specific, proffered uses on a parcel to be rezoned, the applicant use trips generated from the most intensive use possible under the proposed zoning category. The trips are estimated using values contained in the ITE Trip Generation Manual. These values are sometimes very conservative and present a worst case scenario for the generation of high trip counts. The applicant is willing to limit the development on the site even though specific uses for the site have not been determined. Market forces will determine the types of commercial uses that are developed on the site. Nevertheless, a development scenario which includes potential uses that generate high trip counts will be modeled in the TIA. By identifying the most intensive uses allowable under the B2 zoning category, and limiting the amount of allowable building area, a conservative, high number of projected trips will be determined and will be modeled in the TIA. All other uses allowed under the proposed zoning category which may be developed on the parcel will actually generate fewer trips, and therefore, will not invalidate the results of the TIA. The TIA will assume that the portion of TM#33-A-164B not joined to the Olde Stone Truck Stop will contain a maximum, indoor, commercial floor area of 40,000 square feet. The ITE Trip Generation Manual identifies Specialty Retail and Fast Food Restaurant as the most intensive uses allowed in the B2 zoning category. The applicant will limit the commercial area to the construction of 35,500 square feet of "Specialty Retail", and 4,500 square feet of "Fast Food Restaurant". These values were selected after considering a couple of possible development scenarios for the commercial area. The table below illustrates the difference in trip values which would result in slightly different divisions in the commercial area between retail and fast food as determined by the ITE manual. 14 IMPACT ANALYSPSTATEMENT • • Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 Trip Generation Summary for Kesari Properties, Martinsburg Pike Frederick County, VA AM Peak Hour PM Peak Hour Avg. Daily Land Use ITE Code Amount Trips In Out Total In Out Total Specially Retail (32,000 sq ft) 814 32 1,407 105 114 219 90 71 161 Fast Food Reslurant wl drive thru (8,000 sq ft) 934 8 3,969 224 215 438 194 179 373 Total New Trips 5,376 329 329 657 284 250 534 Land Use ITE Code Amount Avg. Daily Trips In AM Peak Hour Out Total In PM Peak Hour Out Total Specially Retail (35,500 sq fl) 814 35.5 1,556 117 126 243 100 78 178 Fast Food Resturant w/ drive thru (4,500 sq ft) 934 4.5 2,233 126 121 247 109 101 210 Total New Trips 3,789 242 247 489 1 209 179 388 The TIA will incorporate the values in the bottom portion of the table above. Please refer to Section 9 of the application for additional information on the TIA. According to figures from the Virginia Departme10 n Annual Daily Traffic on Route 11, Martinsburg Pike, in 6,900 vehicles/day. Hopewell Road, Route 672, had 2009. D. SEWAGE CONVEYANCE AND TREATMENT t of Transportation, the Average 2009 in the vicinity of the site was an AADT of 4,100 vehicles/day in The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county sewer system. Any existing drain fields on the property will be located and appropriately abandoned at the time of development. The Olde Stone Truck Stop is connected to the sewage force main located in the railroad right of way. Otherwise, there is no direct access to sewerage facilities. A force main is located both on the east side of Route 11 and the west side of the railroad right of way. Development of the southern portion of Parcel TM#33-A-164B will require crossing one of these rights of way to make a connection. Additional sewage demand is estimated according to the following: 80 seat fast food restaurant (4,500 so @ 50 gallons per seat = 4,000 gpd 35,500 sf shopping @ 200 gallons per 1000 sf = 7,100 gpd 24% increase in current demand for the Olde Stone Truck Stop = 2,000 gallons x 24% _ 480 gpd �� The total additional sewage demand is estimated to be 11,580 gpd. 15 IMPACT ANALYSWTATEMENT 0 Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 0 E. WATER SUPPLY The site is inside the limits of the Frederick County Sewer and Water Service Area. The development would be serviced by the county water system. Any existing wells on the property will be located and appropriately abandoned at the time of development. The Olde Stone Truck Stop is connected to the water main located in the Route 11 right of way. The water main is located on the east side of the Route 11 right of way. New access to this main will involve crossing the right of way. Additional water demand is estimated to equal the sewage demand: 11,580 gpd. F. DRAINAGE According to Frederick County topographic mapping and the Frederick County Soil Survey this site has gentle slopes ranging from 1 percent to 3 percent. Storm water runoff flows toward the Route 11 right of way from west to east and passes under Route 11 in a culvert. With the development of this site a storm water management system would be implemented to control any added flow created by the increased impervious areas. G. SOLID WASTE DISPOSAL FACILITIES 0 The nearest citizens' trash facility is located at the landfill at 171 Community Drive in Clearbrook approximately one half mile south and east of the site. In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately 100 pounds of solid waste per acre per day that will be transported to the landfill. Tipping fees are currently $45 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that $2,280 in tipping fees will be paid to dispose of 50 tons of solid waste annually. H. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. IN IMPACT ANALYSqSTATEMENT • Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 0 EMERGENCY SERVICES • • Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Clearbrook Volunteer Fire and Rescue Company located at 1256 Brucetown Road in Clearbrook. The Frederick County Northeast Land Use Plan identifies an area for the potential relocation of the Clearbrook Fire and Rescue facility in the vicinity of this site. After submission of this application to the Frederick County Fire Marshal and the Clearbrook Fire and Rescue Company no indication of interest was expressed in location a facility on the subject parcel. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that there will not be any projected capital cost for emergency service facilities attributable to this development. The owner recognizes the importance of emergency services, and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. 17 • • • IMPACT ANALYSPSTATEMENT • Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 I. HISTORIC SITES AND STRUCTURES This site contains one "potentially significant" historic structure as listed in The Rural Landmarks Survey Report of Frederick County. This is #34-936, Dick, O.L. House. This structure is not listed in the Virginia Department of Historic Resources database for National and State Historic Registers. After an inspection and evaluation of the house with a member of the HRAB, it is my understanding that the structure is not worthy of preservation for the National Historic Register due to the extensive renovations which have occurred over time to the house. In particular, the original windows have been replaced with modern windows. There are several "potentially significant sites" that lie within a mile of the site. The Rural Landmarks Survey Report lists several other structures within approximately one mile of the site as shown below. There are no immediate plans for using, maintaining, or demolishing the structure. The structure is currently serving as a private residence. The property owner reserves the right to utilize the structure or demolish the structure to facilitate future plans for the site. 1T 60 30 0 25i a31 r, SITE �, QM (NU y' 9U HOPEyEu READ as BRUCEOT0709 WROAD 10560 t708 0725. 13� * . 105b (D1057 936 1 i P a 0726 0114 0719 —717 WALTER'S. �1LL r� J' LANDMARK PROPERTY KEY 6 HOPEWELL FRIENDS MEETING HOUSE 113 KENILWORTH 114 ZINN HOUSE 135 WAVERLY 708 CLEARBROOK PRESBYTERIAN CHURCH 709 O'CONNEL HOUSE 717 ROSE LAWN 719 MAX'S TV SALES 725 CEMEfARY AT FREY'S QUARRY 726 SWARTHMORE 928 LUPTON—HODSON HOUSE 929 LUTON, HUGH HOUSE 930 JOLUFFE, EDWARD HOUSE 931 COCHRAN, DR. HOUSE C PROPEFTY 932 WOORE—DI K 933 CLEARBROOK SHOPPING CENTER 934 CATHER APPLE PACKING SHED 935 CLEARBROOK FEED & SUPPLY 938 DICK, L_0. HOUSE Y000 D 2000 937 STONEWALL SCHOOL 1056 GLEBE, THE 1057 FISHEL, DAVID HOUSE 1058 HOUSE ON RT. 665 Scale in Feet 1 D59 GRANT, E.W. HOUSE 18 IMPACT ANALYASTATEMENT • Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 • J. CIVIL WAR BATTLEFIELDS A copy of the Civil War Battlefields and Sites map has been included below. The subject parcel does not lie within any defined Civil War Battlefield sites. 0 Ycnr Civil NVsu' Batilefields 1 1862 1"irst Winchester 2 1862 First Kernstown 3 1863 Slephensons Depot 4 1863 Second Winchester 5 1864 'Chircl Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernetown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carriesbrooke Redoubt 13 l-lillandale Works 14 19th Corps Entrenchments 15 .Star Fort 16 Fort Col Iier 17 Zig-!ng Trenches u Civil War Sites ;!• Civil War Battlefields 00.51 2 3 4 5 a Imo( I I I I _I Miles 0 *1 War L" I v I Battlefields n�ld 0 Sit -es a (As enand by 'the Shenandoah Valley Civil "I , Sites Study) Frrdan:Crart>•ComPrctm\i.� Plan rn<�.�.¢ea�ar. rxv\orPuan,ncxn��>ny,�.\; L\oTFDT ICLvns...:r..w:a�..=_AI:t "ib`.jr1 Y\VLL'<b 4RHbF<RIel: NA US 19 • IMPACT ANALYSI*TATEMENT 0 Kesari Property Rezoning - TM# 33-A-164B and 33-A-163 The parcel is located to the north of Stephenson Depot, which generally marks the northern terminus of heavy military engagements. Located on Route 11, the Valley Pike, and near Brucetown Road, the site undoubtedly was passed by troops involved in the Third Battle of Winchester. "Opequon" or Third Battle of Winchester took place in September of 1864 and is considered the largest and most desperately contested battle of the Civil War in the Shenandoah Valley. The battle pitted the Union General Philip Sheridan against the Confederate General Jubal Early. Most of the fighting occurred to the east of Winchester between the Berryville Pike and Old Charles Town Road. There were Union forces deployed to the north of Winchester to move against the Confederate forces that were deployed along the Valley Pike and at Fort Collier. The Union forces crossed the Opequon Creek from the east at three locations, Darksville (Gen. William Averell division), Lockes Ford (Gen. George Custer brigade), and Seivers Ford (Col. Charles Lowell brigade). Averell's brigade chased confederates past the site along the Valley Pike. AVERELC o poi ME: aoi 11UO I g o BRECKENRIDGE Idawnj t., nr-� Ci rl sti....•__- rl d Mccaus land ter A Pptom aC R R o fJ U Sle Ph»ns s R•Patlon,- i Depot •_• r--.......I GORDON ��•. Idawn f I � I AVERELL RrL rlo rd• MERfl ITT 13:ODi FITZI LEE' :� x z AVERELL ooC •_\ - „r�''`;� - • Mun t°bmy +:; �f�? n \ •r U a .N ett t�i GY? j I?� _ Spout St., IJUB,a_rr1' ,ale = } i ` • Spring» Furl b Q` C� 2 ; vl-�• 1 Ford S WINCHESTER m Winc he st or T/ 1t/� ao,d September 19, 1864 s f Cavalry Action Fort Collier/Star Fort e • w \ (:;�" Federal C;7='.'] Cont•eeru.--__, ....--__ yai ------------------ • 0- Executive Summary Laxmi Kesari is requesting rezoning of 5.0+/- acres from Rural Agriculture to a-2 Business for expansion of commercial uses adjacent to his existing Old Stone Truck Stop. The rezoning will contribute additional traffic into the roadway network, therefore this Traffic Impact Study was prepared to evaluate the traffic impacts. The proposed rezoning is aligned with the recently approved North East Land Use Plan/Comprehensive plan, which designates the subject property for business use. The new traffic control devices in the project area, combined with the proposed improvements, adequately manage the traffic resulting from this project. For that reason the transportation impacts of this rezoning are believed to be manageable and acceptable for this project setting. • Table of Contents Executive Summary Introduction..................................................................................................................................................1 BackgroundInformation...............................................................................................................................1 DevelopmentDescription............................................................................................................................. 2 StudyArea Description.................................................................................................................................4 Proposedand Existing Uses..........................................................................................................................4 ExistingTraffic Conditions (2010)................................................................................................................. 5 Background Traffic Conditions (2013)........................................................................................................10 TripGeneration & Distribution...................................................................................................................13 Build -out Conditions(2013)........................................................................................................................13 Recommended Roadway Improvements.................................................................................................... 20 DesignYear (2019)...................................................................................................................................... 23 QueueAnalysis............................................................................................................................................ 29 Pedestrianand Bicycle Traffic..................................................................................................................... 29 Conclusions................................................................................................................................................. 29 • • • Introduction Purpose This Traffic Impact Study has been prepared to support the request by Laxmi Kesari for a rezoning of his property to enable additional businesses on the property. Study Objectives The objectives of this study are to determine: 1. The impacts on traffic operations that may occur within the study area as a result of constructing a commercial development. 2. Future connectivity to pedestrian and bicycle facilities that may result from the construction of the commercial development. Background Information Transportation Improvements Assumed The following transportation improvements were assumed to be in place with the proposed commercial development: 1. A continuous auxiliary/right turn lane along the front of the property. • . 2. A traffic signal at the entrance to the site. \ 3. Pavement marking modifications needed to use the center lane as a left turn lane at the site entrance. Transportation Improvements Planned A review of the VDOT Six year Improvement Plan showed no planned construction projects in the vicinity of the proposed rezoning. A review of the 2009-2010 Secondary Road Improvement Plan for Frederick County, VA displayed a proposed major improvement project on Brucetown Road (Route 672) from its intersection with Martinsburg Pike (Route 11) eastward for 0.35 miles. The project is unscheduled in the plan. This project is just north of the property on which the rezoning is proposed. Development Description Site Location The subject property is located west of US Route 11 (Martinsburg Pike), south of Hopewell Road, and east of the CSX railroad. Figure 1 shows the location of the property. P • 0 PROPERTY LOCATION MAP A r.- fr SIT --- F,i h,� I �lf'P��y��44•� �t Figure 1 Property Location Map Description of the Parcel Laxmi Kesari is requesting a zoning change on approximately 5.0 acres of land he owns. It is on this land .', that the additional commercial development is planned. General Terrain Features The site and surrounding areas have gentle grades with slopes that drain to the east. The CSX railroad runs north -south adjacent to the western property boundary of the rezoning area. Location within Jurisdiction and Region The subject property is located in the Stonewall magisterial district, Frederick County, VA. Comprehensive Plan Recommendations The 2010 Northeast Frederick Land Use Plan update of the Frederick County Comprehensive Plan calls for the subject property to be developed with a business land use. Surrounding properties are also designated as business land use. Much of the surrounding property is already developed with commercial or mining uses. Figure 2 highlights the subject property on the Northeast Frederick Land Use Plan map. P 0 • Figure 2 Northeast Frederick Land Use Plan showing Site Current Zoning The current zoning on the subject site is RA (Rural Agriculture). The requested zoning is B-2 Business. Surrounding lands are zoned B-2 to the north and south, B-3 to the west, and EM and RA to the east. 80/ f /R `j RD 665 -- BRUCET Figure 3 Current Zoning Map with Site Shown Zoning B1 (Business. Neighborhood Dismal B2 (Business, General Distast) - 83 (Business, Industrial Transition Drslnct) - EM (Extractive Manufacturing Dstucp - HE (Higher Education District) ® 141 (Industrial. Light District) M2 (Industrial. General District) _ MH 1 (Mobile Home Cammumh/ District) - MS (Medical Support Distncl) _ OM (Office - MamAacturmg Park) ® R4 (Residential Planned community District) - R5 (Residential Recreational Community District) RA (Rural Area Distinct) RP (Residential Performance District) 0 • • Study Area Description Study Area For the purposes of this Traffic Impact Study, the limits of the study area extend east to Martinsburg Pike, west to 1-81, north to Brucetown Road, and south to a point just past the site. There are no additional major intersections within 2000 feet of the site that were not included in the study. Proposed and Existing Uses Existing Use The existing site is a vacant field with an old house. Proposed Uses The proposed use for the property is business and commercial development. Access to the site will be provided via a new entrance on Martinsburg Pike. An inter -parcel connector will also be provided, connecting to the Old Stone Truck Stop property to the north. Nearby Uses The existing land uses near the proposed site are: • North —commercial development • West — commercialdevelopment South — Vacant (zoned B-2) • East - Clearbrook Park and a few residential units Existing Roadways Figure 4 shows the existing roadways in the subject property. The typical sections for the roadways in the vicinity of the project are described as: • Martinsburg Pike is a rural arterial roadway with one lane in each direction and a continuous left turn lane in the center. Additional lanes for turning movernents are provided at intersections. • Hopewell Road is a rural two lane roadway with shoulders and no turn lanes in the intersections. • Brucetown Road is a rural two lane roadway with shoulders and no turn lanes in the intersections. • The 1-81 ramps are single lane ramps with shoulders. Future Transportation Improvements The subject property is located in the Virginia Department of Transportation's Staunton District, and Edinburg Residency area of responsibility. A review of the VDOT Six year Improvement Plan showed no planned construction projects in the vicinity of the proposed rezoning. The Virginia Department of Transportation continues to plan for improvements on 1-81. Construction of the planned improvements is unscheduled. A review of the 2009-2010 Secondary Road Improvement Plan for Frederick County, VA displayed a proposed major improvement project on Brucetown Road (Route 672) from its intersection with Martinsburg Pike (Route 11) eastward for0.35 miles. The project is unscheduled in the plan. i 0 0 0 r BL�wn Road NOT TO SCALE Figure 4 Intersection Locations and Images Kesari Development, Frederick County • v P 10 The 2010 Northeast Frederick Land Use Plan update of the Frederick County Comprehensive Plan indicates long range projects that are planned to be implemented as land uses intensify in this area of the county. The long range roadway improvements planned in the vicinity of this project include the realignment of Hopewell Road to Brucetown Road, and the widening of Martinsburg Pike to three lanes in each direction. Neither project is scheduled or funded. • Existing Traffic Conditions 2010 Data Collection To analyze the existing traffic conditions, peak hour turning movement counts were performed at four intersections understudy. These are: • 1-81 SB ramps and Hopewell Road • 1-81 NB Ramps and Hopewell Road • Martinsburg Pike and Hopewell Road • Martinsburg Pike and Brucetown Road Traffic count data is included in Appendix A of this report. A'K factor' of 0.084 was applied to the PM peak hour volumes to obtain the average annual daily traffic (AADT). Count data was smoothed and balanced as needed. Analysis The existing AM and PM peak hour intersection turning movements were analyzed using the Synchro 7.0 traffic modeling software. The existing peak hour traffic volumes are shown in figure 5, the existing lane geometry and levels of service are shown in figure 6, and the modeling results (levels of service and delays and 95% queue length) are shown in tabular form in Table 1. 7 T h� NOT TO SCALE Figure 5 2010 Existing Traffic Conditions Kesari Development — Frederick County, VA a J • KI NOT TO SCALE N AM Peak Hour (PM Peak Hour) Figure 6 2010 Existing Level of Service and Lane Configuration Kesari Development — Frederick County, VA • • • u 0 Table 12010 Existing levels of Service, Delays an 95% Queue Length Type of AM Peak Hour PM Peak Hour Intersection Control Delay Queue Delay Queue LOS (sec) (feet) LOS (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsignalized WB LT A 5.1 6 A 4.4 5 North -South: 1-81 SB ramps WB Thru SB UR/T B 11.5 11 B 11.6 12 EB Thru EB LT A 2.4 2 A 2.8 2 East-West: Hopewell Road (Route 672) Unsignalized WB RT North -South: 1-81 NB ramps WB Thru NB L/R/T B 10.4 11 B 10.3 11 EB UR D 41.4 140 C 44.7 135 NB LT B 15.3 29 B 15.4 48 West: Hopewell Road (Route 672) Signalized NB Thru C 25.3 135 B 36.0 439 North -South: Martinsburg Pike (US 11) SB RT SB Thru A 0.5 0 A 0.4 0 WB UR D 50.8 158 D 45.7 108 NB RT West: Brucetown Road (Route 672) Signalized NB Thru A 0.2 0 A 0.9 35 North -South: Martinsburg Pike (US 11) SB LT C 15.2 19 C 15.0 25 SB Thru C 33.3 295 C 31.0 205 • Background Traffic Conditions (2013) Background traffic conditions in 2013 are those that are expected to exist without the proposed rezoning and associated development. These were established by growing the existing 2010 traffic at 1.5% per year to the build -out year of 2013. The growth factor of 1.5% was determined by VDOT Staunton District Planning staff and is based on the historical and anticipated growth in traffic volumes in the project area. Traffic on all roadways in the study area was grown at this rate. The roadway network is unchanged from the Existing Conditions (2010 conditions). • Analysis The 2013 Background AM and PM peak hour intersection turning movements were analyzed using the Synchro 7.0 traffic modeling software. The peak traffic volumes are shown in Figure 7, and the lane geometry and level of service are shown in Figure 8. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 2. 11 I NOT TO SCALE Figure 7 2013 Background Traffic Conditions Kesari Development — Frederick County, VA n U • 12 'i NOT TO SCALE W 672 gym. a A(A) HOPek,P\ -----Brucetown nua' Site q 1r 3- 0 AM Peak Hour (PM Peak Hour) Figure 8 2013 Background Level of Service and Lane Configuration Kesari Development — Frederick County, VA • • 13 L� 0 • Table 2 2013 Background Level of Service, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Type of Intersection Control LOS Delay Queue LOS Delay Queue (sec) (feet) (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsignalized WB LT A 5.1 6 A 3.8 4 North -South: 1-81 SB ramps WB Thru SB UR/T B 11.5 11 B 11.0 8 EB Thru EB LT A 2.4 A 2.5 2 East-West: Hopewell Road (Route 672) Unsignalized WB RT North -South: 1-81 NB ramps WB Thru NB UR/T B 10.4 11 A 9.9 9 EB UR D 43.0 140 D 45.5 137 NB LT B 15.4 29 B 23.0 70 West: Hopewell Road (Route 672) Signalized NB Thru C 245.5 135 C 36.5 491 North -South: Martinsburg Pike (US 11) SB RT SB Thru A 0.6 0 A 0.5 0 _ WB UR D 53.5 158 D 43.6 114 NB RT West: Brucetown Road (Route 672) Signalized g NB Thru A 0.2 0 A 1.6 68 North -South: Martinsburg Pike (US 11) SB LT C 15.2 19 B 23.5 37 SB Thru C 33.5 295 B 29.9 215 14 0 40 0 Trip Generation & Distribution • P; Trip Generation Trip generation associated with the Kesari rezoning request was developed from the ITE Trip Generation Manual, 7tnedition based on the proposed land uses. The full build -out of the project is planned to occur by the year 2013. The land uses and resulting trips generated by scenario 1 are summarized in Table 3. The scenario 1 development traffic will use the new entrance on Route 11 at the southern end of the site to enter and exit the site to the extent practical. The proposed land uses and resulting trips generated by scenario 2 are summarized in Table 4. Table 3 Trip Generation for Scenario 1 Land Use Fueling Positions Avg. Daily Trips AM Peak Hour In Out Total %T PM Peak Hour In Out Total %T Existing Traffic per Fueling Position from Field Counts 11 1,500 30 39 69 29% 70 65 135 19% New Traffic Generated by New Fueling Positions @ 120% 9 1,473 29 38 68 29% 69 64 133 19% Total New Trips 1 473 29 38 68 29% 69 64 133 19% Table 4 Trip Generation for Scenario 2 Avg. AM Peak Hour PM Peak Hour Land Use ITE Amount Daily Trips In Out Total In Out Total Code Specialty Retail (35,500 sq ft) 814 35.5 1,556 117 126 243 100 78 178 Fast Food Restaurant w/ drive thru (4,500 sq ft) 934 4.5 2,233 126 121 247 109 101 210 3,789 242 247 489 209 179 388 Total pass -by trips @ 25% (code 814) -389 -29 -32 -61 -25 -20 -45 pass -by trips @ 40% (code 934) -893 -50 -48 -99 -44 -40 -84 Total New Trips 2,507 163 167 330 T 140 119 2 00 Trip Distribution Trips generated by the development of scenarios 1 and 2 were assigned to the roadway network based on a distribution developed with representatives from VDOT and Frederick County. Trip distributions for scenario 2 include all of the scenario 1 trips. The trip distribution percentages for both scenarios is shown in figure 9 and the assignment of the new trips being generated by scenario 1 is shown in figure 10. 15 0 • 16 T A. NOT TO SCALE Figure 10 Scenario 1 Development Generated Traffic Kesari Development — Frederick County, VA I AM Peak Hour (PM Peak • 17 • 2013 Build -out Conditions - Scenario 1 0 The 2013 build -out conditions combines the background traffic forecasted for the year 2013, and the traffic that is forecasted to result from the development of scenario 1. The total of this traffic is called the build -out condition for scenario 1 and is planned to occur in the year 2013. Analysis The 2013 Build -out AM and PM peak hour intersection turning movements were analyzed using the Synchro 7.0 traffic modeling software. The peak traffic volurnes are shown in Figure 11, and the lane geometry and level of service are shown in Figure 12. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 5. 18 • • • T ♦ � 9Aj8A� � 672 672 grucetown Road S4( . I jj c� ti Alp AM Peak Hour PM Peak Hour) NOT TO SCALE M-F-PUZZ-B MIMIC Figure 11 2013 Scenario 1 Build -out Traffic Conditions Kesari Development — Frederick County, VA • 0 I 11 • 0 NOT TO SCALE T 672 •'oa • a` L -----Bwcetown "0" AM Peak Hour (PM Peak Hour) Figure 12 2013 Scenario 1 Build -out Level of Service and Lane Configuration Kesari Development — Frederick County, VA i 20 • C� • Table 2 2013 Build -out Level of Service for Scenario 1, Delay, and 95% Queue Length Type of AM Peak Hour PM Peak Hour Intersection Control LOS Delay Queue LOS Delay Queue (sec) (feet) (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsignalized WB LT A 5.3 6 A 4.6 6 North -South: 1-81 SB ramps WB Thru SB UR/T B 12.3 14 B 12.0 13 EB Thru EB LT A 2.3 2 A 2.1 2 East-West: Hopewell Road (Route 672) Unsignalized WB RT North -South: 1-81 NB ramps WB Thru NB L/R/T B 10.7 13 B 10.4 13 EB UR D 45.8 150 D 51.3 175 NB LT B 15.5 43 B 15.7 76 West: Hopewell Road (Route 672) Signalized NB Thru C 25.3 144 D 39.6 512 North -South: Martinsburg Pike (US 11) . SB SB RT Thru A 0.6 0 A 0.5 0 WB UR D 56.5 165 D 47.9 122 NB RT West: Brucetown Road (Route 672) Signalized NB Thru A 0.2 0 A 1.9 83 North -South: Martinsburg Pike (US 11) SB LT C 15.3 19 C 15.1 29 SB Thru C 36.1 301 C 32.6 223 EB L B 13.2 28 C 13.8 38 EB R B 10.1 9 B 9.2 12 NB LT A 4.2 4 C 16.1 17 West: Site Entrance Signalized NB Thru A 3.7 41 A 4.9 143 North -South: Martinsburg Pike (US 11) SB RT A 4.3 11 A 3.6 18 SB Thru B 7.1 163 A 6.7 110 21 • 2013 Build -out Conditions - Scenario 2 The 2013 build -out conditions combines the background traffic forecasted for the year 2013, and the traffic that is forecasted to result frorn the development of scenarios 1 and 2. The total of this traffic is called the build -out condition for scenario 2 and is planned to occur in the year 2013. The assignment of trips generated by scenario 2 are shown in figure 13. All scenario 2 traffic will enter through the open entrances on the existing site and a new entrance on Martinsburg Pike. An inter -parcel connector will permit traffic to move between the businesses on the site without leaving the site. Analysis The 2013 Build -out AM and PM peak hour intersection turning movements were analyzed using the Synchro 7.0 traffic modeling software. The peak traffic volumes are shown in Figure 14, and the lane geometry and level of service are shown in Figure 15. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 6. 22 • a- 1jf9f b: <Si 11f10)�� crc; 672 �t 67,as / ocoi� i 3163) o � b� • ------Brucetown noaU C� AM Peak Hour PM Peak Hour NOT TO SCALE - Figure 13 Scenario 2 Development Generated Traffic Kesari Development — Frederick County, VA 23 0 T ur NOT TO SCALE Fig -tire 14 2013 Scenario 2 Build-outTraffic Conditions Kesari Development — Frederick County, VA • • 24 NOT TO SCALE AM Peak Hour (PM Peak Hour) Figure 15 2013 Scenario 2 Build -out Level of Service and Lane Configuration Kesari Development — Frederick County, VA • • 25 • 0 • • Table 6 2013 Build -out Level of Service for Scenario 2, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Type of Intersection Control LOS Delay Queue LOS Delay Queue (sec) (feet) (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsignalized WB LT A 6.0 11 A 5.2 9 North -South: 1-81 SB ramps WB Thru SB UR/T C 18.7 44 C 17.1 37 EB Thru EB LT A 1.7 3 A 1.7 2 East-West: Hopewell Road (Route 672) Unsignalized VVB RT North -South: 1-81 NB ramps WB Thru NB UR/T B 12.4 28 B 12.0 26 EB UR E 61.9 293 E 54.0 304 NB LT C 19.5 132 B 16.5 146 West: Hopewell Road (Route 672) Signalized NB Thru C 34.0 180 C 36.5 580 North -South: Martinsburg Pike (US 11) SB RT SB Thru A 1.0 23 A 0.6 0 WB UR D 60.4 188 D 47.6 140 NB RT West: Brucetown Road (Route 672) Signalized NB Thru A 0.4 0 A 2.3 100 North -South: Martinsburg Pike (US 11) SB LT C 16.3 19 B 14.7 31 SB Thru D 49.8 363 C 29.1 249 EB LT B 23.1 122 B 22.1 119 EB RT B 6.8 21 B 6.6 21 West: Site Entrance Signalized NB LT A 7.2 24 A 6.9 24 North -South: Martinsburg Pike (US 11) NB Thru A 7.6 63 A 12.5 217 SB RT B 3.7 37 B 3.7 38 SB Thru B 17.2 190 B 15.3 131 26 0 • 0 Recommended Roadway Improvements 0.1 A The traffic modeling shows a minimal degradation in service in the design year (2019), with no level of service falling below 'E' for any approach of any intersection. While constraints prevent some improvements, there are improvements that are appropriate for this development and the long term needs of the project area. These are: 1. Development of a traffic signal at the intersection of Martinsburg Pike and the proposed site entrance. 2. Construction of a continuous right turn lane in the southbound direction along the property frontage. This lane might be used as a future basic lane when Martinsburg Pike is widened. 3. New pavement markings on Martinsburg Pike to properly direct traffic at the new traffic signal. These improvements were modeled in the Build -out condition and were found to greatly improve the levels of service on Martinsburg Pike at the proposed site entrance. The levels of service obtained with these improvements are shown in figure 15 and the level of service, delay and 95% queue lengths are tabulated in table G. 27 0 Design Year (2019) • The design year for the project is six years beyond the completion of the project, which in this case is the year 2019. Both scenario 1 and scenario 2 were analyzed in the design year. Analysis The 2019 Design Year AM and PM peak hour intersection turning movements were analyzed using the Synchro 7.0 traffic modeling software. Scenario 1 peak traffic volumes are shown in Figure 16, and the lane geometry and level of service are shown in Figure 17. Scenario 2 peak traffic volumes are shown in Figure 18, and the lane geometry and level of service are shown in Figure 19. The modeling results (levels of service, delay and 95% queue) are tabulated in Table 7 and 8 for scenarios 1 and 2 respectively. 28 0 0 0 T C� • • Average Dailv Traffic Figure 16 2019 Scenario 1 Design Year Traffic Conditions Kesari Development — Frederick County, VA 29 • NOT TO SCALE Ir 672 �l upewel\ 672 grucet AM Peak Hour (PM Peak Hour) Figure 17 2019 Scenario 1 Design Year Level of Service and Lane Configuration Kesari Development — Frederick County, NA • • Kn • 0 0 Table 7 2019 Scenario 1 Design Year Level of Service, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Type of Intersection Control LOS Delay Queue LOS Delay Queue (sec) (feet) (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsi nalized g WB LT A 5.4 7 A 4.6 6 North -South: 1-81 SB ramps WB Thru SB UR/T B 12.8 16 B 12.6 14 EB Thru EB LT A 2.3 3 A 2.2 2 East-West: Hopewell Road (Route 672) Unsignalized WB RT North -South: 1-81 NB ramps WB Thru NB UR/T B 11.0 15 B 10.7 14 EB UR D 41.3 150 E 56.1 199 NB LT B 17.4 46 B 16.0 80 West: Hopewell Road (Route 672) Signalized NB Thru C 29.2 159 D 44.6 580 North -South: Martinsburg Pike (US 11) SB RT SB Thru A 1.7 80 A 0.6 0 WB UR D 49.5 163 D 50.0 132 NB RT West: Brucetown Road (Route 672) Signalized g NB Thru A 0.3 0 A 2.6 114 North -South: Martinsburg Pike (US 11) SB LT C 17.1 20 B 15.3 31 SB Thru D 61.0 402 B 34.4 251 EB LT B 13.6 28 C 19.7 41 EB RT B 10.2 9 C 10.6 12 West: Site Entrance Signalized NB LT C 16.3 11 C 20.4 18 North -South: Martinsburg Pike (US 11) NB Thru A 3.6 44 A 6.0 162 SB RT A 4.2 11 A 3.5 18 SB Thru A 7.0 181 A 7.5 128 31 • • • 1 A169033) 91116) ;r' p 672 I • ---- �Brucetown no... • AM Peak Hour fPM Peak Hour; NOT TO SCALE Averave Dailv Figure 18 2013 Scenario 2 Design Year Traffic Conditions Kesari Development — Frederick County, VA 32 • • • NOT TO SCALE - --- `grucetow fl K04U 0 AM Peak Hour (PM Peak Houri Figure 19 2019 Scenario 2 Design Year Level of Service and Lane Configuration Kesari Development — Frederick County, VA • 33 0 • 0". Table 8 2019 Scenario 2 Design Year Level of Service, Delay, and 95% Queue Length AM Peak Hour PM Peak Hour Type of Intersection Control LOS Delay Queue LOS Delay Queue (sec) (feet) (sec) (feet) EB Thru EB RT East-West: Hopewell Road (Route 672) Unsi nalized g WB LT A 6.1 12 A 5.3 9 North -South: 1-81 SB ramps WB Thru SB UR/T C 20.5 52 C 16.1 33 EB Thru EB LT A 1.8 3 A 1.6 2 East-West: Hopewell Road (Route 672) Unsignalized WB RT North -South: 1-81 NB ramps WB Thru NB UR/T B 12.9 31 B 11.6 24 EB UR E 53.7 298 E 49.9 274 NB LT B 17.3 133 B 16.0 141 West: Hopewell Road (Route 672) Signalized g NB Thru C 22.5 179 C 32.7 511 North -South: Martinsburg Pike (US 11) SB RT SB Thru A 0.7 0 A 0.5 0 WB UR D 56.2 185 D 46.0 131 NB RT West: Brucetown Road (Route 672) Signalized NB Thru A 0.3 0 A 1.7 61 North -South: Martinsburg Pike (US 11) SB LT B 15.3 19 B 14.7 29 SB Thru C 35.0 342 C 27.7 228 EB LT C 24.2 140 B 21.6 118 EB RT B 6.4 23 B 6.6 21 West: Site Entrance Signalized NB LT A 7.6 24 A 7.0 25 North -South: Martinsburg Pike (US 11) NB Thru A 7.7 58 A 11.7 192 SB RT B 3.7 37 B 3.8 38 SB Thru B 18.8 213 B 15.2 119 34 0 0 • A Queue Analysis At signalized intersection, a queue forms while vehicles wait to advance. An analysis was performed to evaluate the back of the queue for the 50u, and 95ti, percentile of the queue. The 50en percentile maximum queue is the maximum back of queue on a typical traffic signal cycle. The 95ci, percentile maximum queue is the maximum back of queue with 95th percentile traffic volumes when traffic does not move for two signal cycles. The queues associated with the 95`" percentile maximum queue are shown in Tables 1, 2, 5, 6, 7, and 8. As traffic volumes increase over time, the queue associated with left turning movements will increase as will the queue associated with the thru movement that opposed the left turn movement. This is reflected in the Design Year analysis. Pedestrian and Bicycle Traffic To identify any previously planned pedestrian and/or bicycle facilities in the project area, the Winchester -Frederick County MPO Bike and Pedestrian Mobility Plan was reviewed. This plan depicts planning level concepts for bicycle and pedestrian facilities, with none being shown in the immediate vicinity of this project. On -site facilities will be planned to accommodate bicycle and pedestrian movements on site, and provisions will be made for future connections to off -site trails which may come to the site. Conclusions The Kesari rezoning will contribute additional traffic into intersections along Martinsburg Pike, and Hopewell Road at 1-81. The levels of service do not fall below'E' in the design year (2019) for any moverents in any intersections. The new traffic control devices in the project area combined with the proposed improvements, adequately manage the traffic resulting from this project, with some manageable delays occurring during the PM peak hour. For that reason the transportation impacts of this rezoning are believed to be manageable and acceptable for this project setting. R&I S • st�ssL L or Z e0o R r r 3 vs , ,s Ix, s C� •A r VM 3 �Cb AD -- C� a 5.000 AC. N i a _ in V v3 1 o. n 17, b3" IE.... 2 in s25.5'� a. �r 4 • 2.07 2 AC.mg 4 o N 4T' a�ca• ��• a� GK `90 P zz� N J� ` .1MOV ® Lot "A" Mar approved for / private residence. It is approved for Wsinaas use only with saxisxaw water use of 75 gpd. SUSDI'/ISICS AF'ROVED 0-1 0 9 8 .9 M U) ORE13ORYF. �TCHINOON OFLV El' AT LAW y.. BRAOOOCK ST. WINCHESTER. VA 22801 Cr W co 100000109 THIS DEED, made and dated this - day of January, 2010, by and between CORA ELLEN DICK, hereinafter called the Grantor; and KESARI TI-LIRD GENERATION LLC, a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantee, in fee simple, the following property: All of that certain tract of land situate northwest of Winchester, Virginia, on the west side of Route 11, in Stonewall Magisterial District, Frederick County, Virginia, containing 5.00 acres, more or less, and set forth as Tract `B" on the plat and survey of Thomas A. Shockey, L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 771, at Page 934; AND BEING the same property conveyed to Cora Ellen Dick Darnell and David Allen Darnell, her husband, by Deed of Gift from Kimberly Dick Richardson, el vir, dated May 11, 1989, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 713, at Page 131, and further being the same land conveyed to Cora Ellen Dick by Deed dated September 23, 2002, from Cora Ellen Dick (formerly known as Cora Ellen Dick Darnell) and David Allen Darnell of record in the aforesaid Clerk's Office as Instrument No, 020016440. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby -- conveyed. This conveyance is made subject to all casements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: C� • STATE OF VIRGINIA, (SEAL) CORA ELLEN DICK CITY/COUNTY OF W/i1d U/ZtT-t , to -wit; The foregoing instrument was acknowledged before me in my City/County and State this 5-r!' day of January, 2010, by CORA ELLEN DICK. My Commission Expires: - J /a U 10 ,j*R OTAY PUBL I • VIRGIMur en oD�Itirlg wasOproduced o the on YSCT- 'This in at — ---[1h �cto a�n er and with certifica�tcoC�kTaxlimposcd bytSec 58.1 802 of was admitted to r $ram and 58.1-801 have been paid, if assessable. Clerk cea. F1 E00 RY F. / TCHINBON ` • .]R.YEI' AT LAW BAADOOCK BT. WINCHESTEA. VA 22001 040002233 M DEED W THIS DEED, made this i�M_ day of 2004 , by and between THIRD GENERATION, L.P., a Virginia limited partnership, (the "Grantor"), and S.K. ASSOCIATES, INC., an IndLana corporation (the "Granted. WITNESSETH That for and in consideration of the sum of TEN AND NO/100'S (S10.00) Dollars, cash in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor does hereby grant in foe simple, with GENERAL WARRANTY of title, unto the Grantee, as sok owner all that certain lot or parcel of land together with improvements thereon, situate, lying and being in Frederick County, State of Virginia, and more particularly described as follows: All that certain improved parcel of Land located on the West side of `U S. Highway No. 11, at Ciearbrook, in Stonewall Magisterial District of Frederick County, Virginia, bounded on the North by the Hopewell Road, in the South by the land of the L.O. Dick Estate, on the East by said Highway and on the West by the Pennsylvania Railroad right of way, and being described as follows: ALL of that certain lot or parcel of land south of Clearbrook in Stonewall MagisterW District, Frederick County, Virginia, on the west side of the Turnpike comgmildy known a U.S. Route N 11, described as Mows: Beginning at a point is the middle line of the public road, at a distance ofshrty feet from the centerline of Peamytvanh Railroad track, thence east one hundred and fifty ket to the Use of •. U.S. Route #11 and center of public road. Thence three hundred and seventy feet _ lowth with U.S. Route #11 to a corner owned by L.O. Dick. Thence crest two hundred sad eighty feet to the line of Pennsylvania Railroad. Thence three hundred and ton feet north running sixty feet parallel to Pennsylvania Railroad to the center of the public road, place of beglnniag, coutaiaing 70,630 square feet, more or less. This conveyance is made expressly subject to the covenants, conditions, restrictions, easements and rights of way of record. The said Grantor covenants that it has the right to convey the said land to the said Grantee; that it has done no act to encumber the same; that the said Grantee shall have quiet possession ofthe said land, free from all encumbrances except as mentioned herein, and that the said Grantor will execute such further assurances of the land as may be requisite. WITNESS the following signature and seal: GRANTOR: THIRD GENERATION, L.P., a Virginia limited partnership By: THIRD GENERATION REALTY, INC. a Virginia corporation, Sole General Partner • • (0 • • co By: C Z( 4 • iSEAL]...... Its: STATE OF VIRGINIA ofZkSburig, to wit: I hereby certify that on this ��— day f ` 200,4, before me, the undersignod sn 'ber, did personally appear G A�Y� C.� , in er capacity as of THIRD G RATIO14 REALTY, the ` T general partner of THIRD GENERATION, L.P., a Virginia Limited Partn known tome or satisfactorily proven to be the person whose name is set Earth r instrument, and who did further acknowledge that he/she executed the forego' for the purposes therein contained. r • '` I �y fry• . Notary Public My Commission Exp ems: File No. 04-5365VA After Recording Return to: Tax Map No. 33A 16 M BANNER TTTLE COMPANY OF IA, INC. Grantee's Address: L{a S ( R 11140VIR14U ROCKVILLE Ck" ROCKVILLE, MD Consideration: AFTER RECORDING RETURN M3 BANNER TITLE COMPANY 11140 ROCKVILLE PIKE, SUITE 570 ROCKVILLE, MD 20852 TITLE INS: FATICO CASE #: TAX ID: 3 _� OF S750,000.00 alkyl PIKE, SUITE 570 20852 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was pd,,d tome on to annexed and with Certificate of acknowledgement was admitted to record. T imposed See 58.1 802 of $�; and 58.1-801 have been paid, if assessable 0 0 040002233 DEED w w THIS DEED, made this IL7-"_ day of 2004, by and between THIRD GENERATION, L.P., a Virginia Hinsited partnershi , (the "Grantor"), and S.K. ASSOCIATES, INC., an Indix" corporation (the "Granted-). WITNESSETH That for and in consideration of the sum of TEN AND NO11001S (S10.00) Dollars, cash m hand paid and other good and valuable consideration, receipt of which is hereby aclmowledged, the Grantor does hereby grant in foe simple, with GENERAL WARRANTY of title, unto the Grantee, as sok owner all that certain lot or parcel of land together with improvements thereon, situate, lying and being in Frederick County, State of Virginia, and more particularly described as follows: All that certain improved parcel of Land located on the west aide ofu5. Highway No. 11, at Clearbrook, in Stonewall Magisterial District of Frederick County, Virginia, bounded on the North by the Hopewell Road, in the South by the had of the L.O. Dick Estate, on the East by said Highway and on the West by the Pew ayivanis Railroad right of way, and being described as follows: ALL of that certain lot or parcel of land south of Ckarbrook In Stonewall MagistcrW District, Frederick County, Virginia, of the west sW of the Turnpike commonly known a U.S. Route 1l 11, described as follows: Beginning; at a point in the riddle line of the public road, at a distance ofaixty feet hots the centerline of Pennsylvania Railroad track, thence east one hundred and fifty ket to the Use of U.S. Route #11 and center of public road. Thence three hundred and aeventy feet south with U.S. Route #11 to a corner owned by L.O. Dick. Thence west two hundred sad eighty feet to the line of Penasylvasin Railroad. Thence three hundred and ten feet north running sixty Legit parallel to Pennsylvania Railroad to the center of the public road, place of beginning, containing 70,6M square feet, mote or less. This conveyance is made expressly subject to the covenants, conditions, restrictions, easements and rights of way of record. The said Grantor covenants that it has the right to convey the said land to the said Grantee; that it has done no act to encumber the same; that the said Grantee shall have quiet possession ofthe said land, free from all encumbrances except as mentioned heroin, and that the said Grantor will execute such further assurances of the land as may be requisite. WITNESS the following signature and seal: GRANTOR: THIRD GENERATION, L.P., a Virginia limited partnership By: THIRD GENERATION REALTY, INC. a Virginia corporation, Sole General Partner 0 0 (10 By: Its: STATE OF VIRGINIA Of to wit: I+V— I hereby certify that on this 5 __ day of r r 2004, before me, the undersigned sul� i did pvrsonally appear in hWher. capacity as y�Jls e-c-- of THIRD GET-)V-RATIO�4 REALTY, thelme- geneml partner of'THIRD GENERATION, L.P., a Virginia Limited Partn known to me or satisfactorily proven to be the person whose name is se forth instrunmit, and who did further acknowledge that he/she executed the forego' for the purposes therein contained. Notary Public My Commission File No. 04-5365VA A-fter Recording Return to: TaxMap No. 33A 163 BA"M TITLE COMPANY OF Grantee's Address: ka S M VIRGINTW INC. 11140 ROCKVILLE PIKE, SUITE 570 ROCKVILLE, MD 208152 a. to o-q Consideration: $750,000.00 AFTER RECORDING RETURN Mj BANNER TITLE COMPANY 11140 ROCKVILLE PIKE, SUM 570 ROCKVILLE, MD 20852 TITLE INS: FATICO CASE #. TAX ID; - 4 OF VIRUINLAL FREDERICK COUNTY, SCT- This instrument Of writing was Produced to me M aat IL� � ement thereto annexed and with certificate of acknowledge was admitted to rer-ord.T impoedbySec-58.1-802of $��j , and 58.1-801 have been paid, if assessable 4drw /61� , Ck-,rk - 1k REZONING APPLICIFION Kesari Property Rezoning - TM# 33-A-16413 and 33-A-163 • 5. Current Taxes Paid Record u 0- Frederick County Page 1 of 1 • 0 r Frederick County, Virginia ,z C. William Orndoff, Jr., Treasurer ,.• e-mail "Bill" Onuloff Real Estate Public Inquiry Ticket Detail e-Treasurer Payment Options 2011 REAL ESTATE TAXES Payment Help Department/i:RE2011 Ticket /h 199700002 FRQ: 2 Suplj: 0 Inquiry Options Inquiry Help Nam(!: KESARI THIRD GENERATION LLC Account/h 6532 Name 2: yl;rpjj: 33 A 164B --Inquiry Options Real Estate Tax Address: 11499 WHITE OAK CT Description: 5.00 ACRES Personal Property HERNDON VA Real Estate Paid Pers. Prop. Paid Return e-Treasurer Home e-Commissioner Home Frederick County Home 20170 Bill Date: 04118/2011 Doc Dale: 12105/2011 Land: $92,700 Improve: $289,800 Use: Minerals: original Bill: S1,042.31 Payments: $1,042.31- Acres: 5.00 Penalty Paid: Int Paid: Amount Owed: Other: Last Dale: 11/30/2011 Total Owed: Penalty: Interest: Note that if payment has bee❑ received within the last 10 bll5mess days, any retutncd iteuts may not be posted at this tinge Please check the website again. Date Type Trmisaction II .\moue! Balance 4/18/2011 Charge 0 $1,042.31 $1,042.31 11/30/2011 Payment 299,15 (S1,042.31) S0.00 Usc the print key for your browser to print a copy of taxes paid for this New Search Previous littps:Htaxes.co.frecicrick.va.us/Applications/'FRApps/RI3Iinclex.litin 2/16/2012 Frederick County Page T of T • E t. Frederick County, Virginia C. William 011-ndoff, Jn, Treasurer e-mail "Bill" Orndoff Real Estate Public hwuh Ticket Detail e-Treasurer Payment Options 2011 REAL ESTATE TAXES Payment Help Departmcntf/ : RE2011 Ticket /i: 334410002 FIZQ: 2 Sup//: 0 Inquiry Options Inquiry Help Name: SEVENBULLS LLC Accountlt: 6530 Inquiry Options N71me 2: Mapl/: 33 A 163 Real Estate Tax Address: 11499 WHITE OAK CT Description: 1.49 ACRES Personal Property HERNDON VA Real Estate Paid Pers. Prop. Paid Return e-Treasurer Home e-Commissioner Home Frederick County Home 20170 32,100 Bill Date: 04/18/2011 Duc Date: 12/05/2011 Land: S313,500 Improve: $658,200 USe: Nliriends: Original Bill: S2,647.88 Payments: $2,647.88- Acres: 1.49 Penally Paid: lilt Paid: Amount Owed: Other: Last Date: 11/30/2011 Total Owed: Penally: Interest: Note that if payment has been received within the last 10 business clays, any returned ilans may riot be poste(1 at this lime. Please check the website ;wain. Dale Type 'I'ran.saction /1 Anunml 13a1ance 4/18/2011 Charge 0 S2,647.88 S2,647.88 ll/30/2011 Paymcnt 29945 ($2,647.88) S0.00 Usc file print I(ey for your browser to print a copy of taxes paid for this year. New Search Previous III ins'//taxes.cn.fre.derick.vsl. n.-/Annlicsllinns/TRAnn.q/RF..Tinrdex him ?/Tt;/?ni? COUNTY of FREDERICK Department of Planning and Development S40/66S-56S1 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESAI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: v«v-v.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Plan -ring Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 I)cpartment of Planning & Development 107 North Bent Strect, Suite 202 Winchester, Virginia 22601 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres Prom RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: vw\vnv.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK s Department of I'lanninti & Development 107 North Bent Street, Suite20'2 / %V'inchcStcr. Virginia 22601 Painter -Lewis 116 N. Braddock St. Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Adminlstration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: vAr;vw.co.frederick.va.us. Sincerely, `—" ,/ L G� Michael T. Ruddy, AICP Deputy P1arLning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of Z' REDERICK I Department of Planning & Development J107 North Bent Street, Suite 202 Winchester, Virginia 22601 33 -A- - 163- SEVENBULLSLLC 11499 WHITE OAK CT HERNDON VA 20170 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-12 of Kesari Properties, Submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: Nv\vw.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 UN\ COUNTY of FREDERICK I)epartment of Planning &. Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 33 - A- - 164.1 MOBILE SHELTERS INC PO BOX 1001 DUMFRIES VA 22026-9001 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 904-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 404-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 COUNTY of FREDERICK I)epartment of Planning & Development 107 North Kent Street, Suite 202 Winchester, %lirl-inia 22601 33 -A- - 164-E RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick Count), Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the I3oard Room of the Frederick County Administration Building at 107 North Kent Street Winchester, Virginia to consider the following application: Rezoning -904-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: w\v-\v.co.fredei-ick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Plan -ling Director MTR/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDFRICK ,1) I)epartment of Planning & I)evelopment J107 North Kent Street, Suite 202 Winchester, Virginia 22601 33 - A- - 162- THE OLDE WOOLEN MILL LLC 11499 WHITE OAK CT HERNDON VA 20170-2413 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPER"I'Y OWNER(S) RE: REZONING APPLICA'FION 404-12 FOR KI�SARI 13ROPERI-IES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 404-12 of Kesari Properties, submitted by Paintcr-Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/blid 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 COUNTY of FREDERICK I)epartment of Planning & 1)evelopment 107 North Bent Street, Suite 202 Winchester, Virg*inia 22601 33 - A- - 158- CLEARBROOK PRESBYTERIAN CHURCH 830 WOODS MILL RD STEPHENSON VA 22656.2034 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1104-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-12 of Kesari Properties, submitted by Painter-Lcwis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester.. Virginia, or by calling (540) 665-5651. You can also visit us on the web at: w«w.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planninl- & Development 107 North bent Street, Suite 202 %VinchcsLcr, %lirginia 22601 33 - A- - 115-A WILLIAM ORNOOFF LLC 115 HOPEWELL LN 22624 CLEAR BROOK VA COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) R1C: REZONING APPLICATION #04-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the I3oard Room of the Frederic]( County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 404-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of I Iopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: Nvw,,v.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North bent Street, Suite 202 ��'inchcster, Virginia 22601 33 - A- - 115-B POTOMAC EDISON 10435 DOWNSVILLE PIKE HAGERSTOWN MD 21740.1732 COUNTY of f; REDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPER'T'Y OWNER(S) RE: REZONING APPLICATION B04-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 804-12 of Kesari Properties, submitted by Paintcr-Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District Nvith proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: iA,;Nrw.co.frederick.va.us. Sincerely, /Michael T. Ruddy, AICP Deputy Planning Director ; MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of 1' REDERICK Department of Planning & Development 107 North Bent Street, Suite 202 Winchester, Virginia 22601 33 -A- - 164-F CLEARBROOK REAL ESTATE LLC PO BOX 147 CLEAR BROOK VA 22624-0147 COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROP]-, R"I-'Y OWNI:R(S) RE: REZONING APPLICATION 1/04-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Irederick County Administration Building at 107 North Kent Street, Winchcster, Virginia to consider the following application: Rezoning 404-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: v\,%N,%v.co.fi-ederick.Nia.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director ; MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY cif >: REDERICK I)epartment of Planning & I)evelopment 107 North Dent Street, Suite 202 Winchester, Virginia 22601 33 - A- - 164-G FISH PROPERTIES LLC 2619 APPLE PIE RIDGE RD WINCHESTER VA 22603.2718 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR 1<ESARI PROPERhIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District Nvith proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: NvxNr\v.co.frcderick.va.us. Sincerely, ✓ v Michael T. Ruddy, AICP Deputy Plaiuiing Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK I)epartment of Ylanning & I)evelopment 107 North Dent Street, Suite 202 NVinchester, Vir;t;inia 22601 33 - A- -164-H LUCCI CARL D LUCCI DANA S 117 RIDGE RD WINCHESTER VA 22602-7428 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 04-12 FOR KESARI PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 23, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 804-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co. fi•ederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to -ertify Oat the attached correspondence Nffi nailed to the fol.loNving on from the Departinent of Ilanning and Development, Frederick Count),, Virginia: 33 - A- - 164-B KESARI THIRD GENERATION LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 Painter -Lewis 116 N. Braddock St. Winchester, VA 22601 33 - A- - 163- SEVENBULLS LLC 11499 WHITE OAK CT HERNDON VA 20170 33 - A- - 164.1 MOBILE SHELTERS INC PO BOX 1001 DUMFRIES VA 22026-9001 33 - A- - 164-E RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 33 - A- - 162- THE OLDE WOOLEN MILL LLC 11499 WHITE OAK CT HERNDON VA 20170.2413 STATE OF VIRGINIA COUNTY OF FREDERICK 33 - A- - 158- CLEARBROOK PRESBYTERIAN CHURCH 839 WOODS MILL RD STEPHENSON VA 22656-2034 33 - A- - 115-A WILLIAM ORNDOFF LLC 115 HOPEWELL LN CLEAR BROOK VA 22624 33 - A- - 115-B POTOMAC EDISON 10435 DOWNSVILLE PIKE HAGERSTOWN MD 21740.1732 33 - A- - 164-F CLEARBROOK REAL ESTATE LLC PO BOX 147 CLEAR BROOK VA 22624.0147 33 - A- - 164-G FISH PROPERTIES LLC 2619 APPLE PIE RIDGE RD WINCHESTER VA 22603.2718 Michael T. Ruddy, Deputy Panning Directo Frederick County Planning Department I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 33 - A- - 164-H LUCCI CARL D LUCCI DANA S 117 RIDGE RD WINCHESTER VA 22602-7428 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 2, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning -904-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: w,,vw.co.frederick.va.us. Sincerely, _ Cam_` • �.-LLC/�"%'—� (/L di! t�,�., Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Tills is to certify vt, je attached correspondence wad' mai]ed to the foll.os�7ing on from i c Department of Planning and Development, Frederick County, Virginia: 33 - A- - 158- 1tesarl 1 hird Cieneration LLC CLEARBROOK PRESBYTERIAN CHURCH 1 1499 White Oak Ct. 830 WOODS MILL RD Herndon, VA 20170-2413 ,)evenbullS LLC 1 1499 White Oak Ct. Herndon, VA 20170 Painter -Lewis 116 N. Braddock St. Winchester, VA 22601 33 - A- - 164.1 MOBILE SHELTERS INC PO BOX 1001 DUMFRIES VA 22026.9001 33 - A- - 164-E RICHARDSON KIMBERLY D 106 COTSWOLD CT STEPHENS CITY VA 22655.3403 33 - A- - 162- THE OLDE WOOLEN MILL LLC 11499 WHITE OAK CT HERNDON VA 20170-2413 STATE OF VIRGINIA COUNTY OF FREDERICK , STEPHENSON VA 22656.2034 33 -A- - 115-A WILLIAM ORNDOFF LLC 115 HOPEWELL LN CLEAR BROOK VA 22624 33 - A- - 115-B POTOMAC EDISON 10435 DOWNSVILLE PIKE HAGERSTOWN MD 21740-1732 33 - A- - 164-F CLEARBROOK REAL ESTATE LLC PO BOX 147 CLEAR BROOK VA 22624.0147 33 - A- - 164-G FISH PROPERTIES LLC 2619 APPLE PIE RIDGE RD WINCHESTER VA 22603-2718 Michael T. Ruddy, Deputy Planning *rector Frederick County Planning Department I, a Notary Public in and for the State and County aforesaid, do reby certify that Mic el T. Ruddy, Deputy Planning Director for the Department of Plann�l g 7,L Development, whose name is signed to the foregoing, dated G//�2 n , has personally appeared before me and ackno-wledgedthe same in my State and County aforesaid. Given under my hand this, day of My commission expires on U ^ -3 H.OE��IIC�C �E NOIt'" Pr B33187B R _,IST11A110 �IIZGIDIIA Cp v1PApN\�'LAITIi Of- r NOTARY UBLIC �j Iv1 Y t Oj ULY 3102 0�1 5� ! �R E S�T� :S .�..... 33 A 164 H - „•, •• LUCCI CARL D LUCCI DANA S 117 RIDGE RD WINCHESTER VA 22602.7428 Adjoining Prokerty Owners Rezoning v-' TO:BARBARA-DATA PROCESSING FROM:BEV - PI nnin9 Dept. Please pr'nt sets of bels by THANKS! Om7hers of property adjoining the land will be notified of the Plarujing Commission and the Board of Supervisors meetings. For the purpose of this application. adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested praper i the The applicant is required to obtain the following information on each adjoining property including parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2ndfloor of the Irederick County AtIministrcrtire Building-, 107 Xorth Kent Street. FN--alnealld Property Identification Number Address Name Mobile Shelters, Inc. PO Box 1001 Dumfries, VA 22026 Properly tt 33-A-1641 K.D. & J. F. Richardson 106 Cotswold Court Name Stephens City, VA 22655 33-A-164E l� Pro>c trt County of Frederick 107 N. Kent Street Name Winchester, VA 22601 Property H 33-A-16213 L. & R. Kesari 11499 White Oak Court Name Herndon, VA 20170 Property: 33-A-162 Clearbrook Presbyterian Church 830 WoodsMill R ad Name 656 SteProperty 33-A-158 William Orndoff, LLC PO Box 7 Name Clearbrook, VA 22624 Property „ 33-A-115A ►,� Potomac Edison 10435 Downsville Pike Hagerstown, MD 21740 3-A-115Brbrook WNanic Real Estate, LLC PO Box 147 Clearbrook, VA 22624 Property 3-A-164F Properties, LL 2619 Apple Pie Ridge Road NameFish Winchester, VA 22603 Property '. 33-A-164G Name and Property Identification Number Addi-ess Nam, C.D. & D. S. Lucci 117 Ridge Road Winchester, VA 22602 -- 33-A-164H Property A.,----- Name Property r Name Property # NInC _ Property . Name Property ft Name Property 7 Name Property 4 Name Property Name Property # Name Property Name Property Name Property -: Name Property Namc - — Property a 15 • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 404-12 FOR KESARI PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public bearing being held on Wednesday, May 2, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #04-12 of Kesari Properties, submitted by Paintcr-Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to 132 (General Business) District with proffers, and 1.49 acres from 132 District to 132 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and arc identified by Property Identification Numbers 33-A-163 and 33-A-16413 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www. co. frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certifywt the attached correspondence ��o mailed to the follou�ng on from the Department of Planning and Development, Frederick County, Virginia: Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGIN -IA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 7 Adjoining Property Owners Rezoning TO: BARBARA-DATA PROCESSING FROW BEV - PI ning Dept. Please print. sets of abels by I THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application. adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant. is required to obtain the following information on each adjoining property including the parcel identification slumber NO -Lich may be obtained from the office of the Commissioner of Revenue. The COMMissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107,Vorth Kent Street. Name and Property Identification Number Address Name Mobile Shelters, Inc. PO Box 1001 Dumfries, VA 22026 Properly # 33-A-1641 Name K.D. & J. F. Richardson 106 Cotswold Court Stephens City, VA 22655 Proputy j 33-A-164E N�`ne County of Frederick 107 N. Kent Street Winchester, VA 22601 Property # 33-A-162B Name L. & R. Kesari 11499 White Oak Court Herndon, VA 20170 Property it 33-A-162 Name Clearbrook Presbyterian Church 830 Woods Mill Road Stephenson, VA 22656 Pro�,e,ty ; 33-A-158 Name William Orndoff, LLC PO Box 7 Clearbrook, VA 22624 ProperV 33-A-115A t`d°1C Potomac Edison 10435 Downsville Pike Hagerstown, MD 21740 Property r 33-A-115B Name Clearbrook Real Estate, LLC PO Box 147 Clearbrook, VA 22624 Property T 33-A-164F Name Fish Properties, LLC 2619 Apple Pie Ridge Road Winchester, VA 22603 Property ' 33-A-164G C j-. _ r` ''nd�:4:•il:^l d,.a utt'' ;,._ - s; :rl. ,J.:�i� .,Lrr, �, -.r. ( ..f:a'1 �.xi,gl Jr.. andProperly IdentificationNumber Address Faine C.D. & D. S. Lucci 117 Ridge Road Winchester, VA 22602 Property-33-A-164H Na m e Property ,i Name Property 3 Name Property A Name Property Ii Name Property T Name Property Name Property n Name Property 11 Name Property Name Property „ Name Property Name Property Namc Property r 1s COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 904-12 FOR KESARI PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 2, 2012, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 904-12 of Kesari Properties, submitted by Painter -Lewis, P.L.C., to rezone 5 acres from RA (Rural Areas) District to B2 (General Business) District with proffers, and 1.49 acres from B2 District to B2 District with proffers, totaling 6.49 acres. The properties are located on the west side of Route 11, south of the intersection of Hopewell Road (Route 672) and Route 11, and are identified by Property Identification Numbers 33-A-163 and 33-A-164B in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, _ Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 2012 Document Approval Form �' FRLU%h�t,�r000I�,TYC-.N1... PLEASE REVIEW TEE ATTACH M DOCUMENT. IF '�� OF YNT MEETS. YOUR APPROVAL PLEASE R a TAL AND PROVIDE THE DATE APPROVAL: IP' RffV0CUjjWffVOESNOTMEET YOURAPPROVAL p LEASEPROYME CO S TO WHAT WOULD LIKE TO SHAVE COA101LETER . i - ENrr ALS Candice u Msrk Received by Clerical Staff (Date U:TamlCommonV0c =cnt Approval Fa mLNvpd DATE & TIME V L S c C cl k-- L COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 �ii4 F APR 2 5 2012 van 01JNTY 33 - A- - 11 5-B POTOMAC EDISON 10435 DOWNSVILLE PIKE HAGERSTOWN MD 21740-1732 NIXIE 212 S-E K-'-ETUP%' TO Ii.". .0 T a IE I-L IV F, 4a I'- jE -UNABLE TO 3c: z2601500099 016H26508243 $00.450 iA M 04/19/2012 x Mailed From 22601 US POSTAGE 00 (114/21/12 AS ADUIRES'SEU, FORWARD 5'1417-09660-19-37 "A Ut 6JA '1 1,11 'R I �. fly. -1:1 pi I" I di'l �.tw.l I. -II. 1-g-.1 -.6-11,111 1-1-JI. C I.P, I A 14. 0